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Home My WebLink AboutCAP080918-New formatCITY OF CENTRAL POINT Oregon City Council Meeting Agenda Thursday, August 9, 2018 Mayor Hank Williams Ward I Bruce Dingler Ward II Michael Quilty Ward III Brandon Thueson Ward IV Taneea Browning At Large Rob Hernandez At Large Michael Parsons At Large Michael Parsons I. REGULAR MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING IN CEREMONY IV. ROLL CALL V. SPECIAL PRESENTATIONS VI. PUBLIC COMMENTS Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per meeting being allotted for public comments. The council may ask questions but may take no action during the public comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda. Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The right to address the Council does not exempt the speaker from any potential liability for defamation. VII.CONSENT AGENDA 1.Approval of City Council Minutes - Jul 19, 2018 2.Cancellation of September 27, 2018 Council Meeting VIII.ITEMS REMOVED FROM CONSENT AGENDA IX.PUBLIC HEARING Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item and action requested. The presiding officer may limit testimony. X.ORDINANCES, AND RESOLUTIONS Next Res.(1547) Next Ord. (2046) 1.Second Reading Ordinance No. _______, an Ordinance to vacate a 6,145 square foot lot back to the developer (Applicant: City of Central Point) (Samitore) 2.Resolution No. _________, Consideration of a resolution setting a public hearing and initiating proceedings to vacate 400 feet of undeveloped alley right-of-way located between Front Street and the Central Oregon and Pacific Railroad adjacent to tax lots 2900 and 3000 located on Jackson County Assessor’s map page 372W03DC. Applicant: Jackson County School District 6 (Humphrey) XI.BUSINESS Planning Commission Report (Tom Humphrey) 1. 2018 Run 4 Freedom Donation Request (Samitore) 2. Snowy Butte Station Transportation System Development Charge Update (Samitore) 3. Authorization for the City Manager/Building Official to Award the 2018 City Hall Roof Replacement Project Bid. (Clayton) 4. Mon Desir Gazebo (Samitore) XII. MAYOR'S REPORT XIII. CITY MANAGER'S REPORT XIV. COUNCIL REPORTS XV. DEPARTMENT REPORTS XVI. EXECUTIVE SESSION The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XVII. ADJOURNMENT Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov. Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con 72 horas de anticipación al 541-664-3321 ext. 201 CITY OF CENTRAL POINT Oregon City Council Meeting Minutes Thursday, July 19, 2018 I. REGULAR MEETING CALLED TO ORDER The meeting was called to order at 7:00 PM by Mayor Hank Williams II. PLEDGE OF ALLEGIANCE III. ROLL CALL Attendee Name Title Status Arrived Hank Williams Mayor Present Bruce Dingler Ward I Present Michael Quilty Ward II Present Brandon Thueson Ward III Present Taneea Browning Ward IV Present Rob Hernandez At Large Present Mike Parsons At Large Excused City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Chief Kris Allison; Principle Planner Stephanie Holtey; Parks and Public Works Director Matt Samitore; and City Recorder Deanna Casey were also present. IV. SPECIAL PRESENTATIONS A. Purple Heart City Presentation City Manager Chris Clayton read the proclamation dedicating Central Point as a Purple Hear City. Representatives from the Rogue Valley Chapter 147 presented the city with a plaque stating we are now a Purple Heart City. There will also be a Purple Hear Truck run at Don Jones Memorial Park on July 27, 2018. They have special vehicles made for injured veterans. Police Chief Kris Allison updated the Council and audience on the status of JD Day who was wounded last week while stationed in Afghanistan. He has received the Purple Heart and is being transported to the States to begin recovery from the extensive injuries he received. 7.1 Packet Pg. 3 Minutes Acceptance: Minutes of Jul 19, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes July 19, 2018 Page 2 B. St. Vincent DePaul Report Rich Hanson from St. Vincent DePaul thanked the city for the donation to help Central Point residents with their rent or bills. The funds have helped over 75 Central Point residents. V. PUBLIC COMMENTS VI. CONSENT AGENDA RESULT: APPROVED [UNANIMOUS] MOVER: Michael Quilty, Ward II SECONDER: Rob Hernandez, At Large AYES: Williams, Dingler, Quilty, Thueson, Browning, Hernandez EXCUSED: Michael Parsons 1. Planning Commission - Regular Meeting - Jul 4, 2018 3:00 PM 2. St. Vincent DePaul Report(Presented by Casey) 3. 2018 Purple Heart Proclamation(Presented by Casey) VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. PUBLIC HEARING 1. First Reading to Consider an Ordinance to Vacate a 6,145 square foot lot back to the developer (Applicant: City of Central Point)(Presented by Jacob) Parks and Public Works Director Matt Samitore explained that the City received a small pocket park from the original developer of Snowy Butte Station in 2003. The lot was going to be a “tot-lot” with a small playground and gazebo. Since the time of the dedication, the area around the lot has been primarily built out as a senior living facility. The City also received a larger parcel that is planned for improvements in 2019-21 as a park and will be incorporated into our active park system. The City has determined that the smaller pocket parks that are less than 1 acre in size are difficult and expensive to maintain. City staff would like to vacate the property back to the developer who owns the property immediately adjacent to the parcel. City Attorney Sydnee Dreyer stated that the only cost to the city will be the recording fees. Mayor Williams opened the Public Hearing, no one came forward and the public hearing was closed. 7.1 Packet Pg. 4 Minutes Acceptance: Minutes of Jul 19, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes July 19, 2018 Page 3 RESULT: APPROVED [UNANIMOUS] MOVER: Brandon Thueson, Ward III SECONDER: Michael Quilty, Ward II AYES: Williams, Dingler, Quilty, Thueson, Browning, Hernandez EXCUSED: Michael Parsons IX. ORDINANCES, AND RESOLUTIONS 1. Second Reading to Consider an Ordinance to Update the parks and Recreation Element of the Central Point Comprehensive Plan(Presented by Samitore) Principal Planner Stephanie Holtey explained the adjustments that have been made to the document regarding the amount of parks inventory for the next 20 years. There were a few corrections and updates to the tables within the document to make it clear how many acres will be needed. There were also some grammatical and housekeeping changes. 1. The parks inventory was updated to remove Boes Park. The Department of Land Conservation and Development (DLCD), urban parks located outside the Urban Growth Boundary (UGB) cannot be counted in the inventory of current parkland even though the city owns and maintains the land. 2. The parkland needs assessment was updated to address the Portland State University (PSU) 2018-2068 Coordinated Population Forecast published on June 30, 2018. Per the PSU numbers, the City’s 2038 forecast population increased by 2,643 persons. The resulting increase in population increases the City’s parks need by roughly 10 acres based on the adopted parks ratio of 3.5 acres per 1,000 residents. The Parks Element is a twenty year plan establishing goals and policies for managing and improving the city’s parks system. This Parks Element update accounts for population growth, changes in demographics, and urban growth boundary expansions necessary to accommodate growth over the next twenty year planning period. The parkland needs analysis that identifies a core parkland deficit of approximately 53 acres. When planned parks are taken into consideration, including Boes Park, the deficit drops to roughly 22 acres. Based on the updated population numbers and the changes to the Parks Element there will be a need to review the previously approved elements before the City can expand their UGB. Those documents will return to council as soon as updates can be made. There was continued discussion regarding the amount of park land being requested of new development and the amount of parks that are already in the planning stages for different subdivisions. There should be no 7.1 Packet Pg. 5 Minutes Acceptance: Minutes of Jul 19, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes July 19, 2018 Page 4 problem meeting the current request. The future Community Center would be included in the total number of acres needed for future park space. Mayor Williams asked if there was anyone in the audience who would like to address the changes in the document. No one came forward. RESULT: APPROVED [UNANIMOUS] MOVER: Brandon Thueson, Ward III SECONDER: Taneea Browning, Ward IV AYES: Williams, Dingler, Quilty, Thueson, Browning, Hernandez EXCUSED: Michael Parsons X. BUSINESS 1. 2018 LOC Priorities(Presented by Casey) City Manager Chris Clayton explained that LOC tries to work with the State on behalf of the cities they represent. They have provided us with a list of 29 legislative priorities for the 2019 legislative agenda. They have asked each city to choose the top four issues for their city and return it to them by the first of August. There was discussion regarding the topics that would always be on the list for discussion like PERS reform and Property Tax Reform. The items they feel are the most important are: M. Mental Health Investment S. Qualification Based Selection B. Annexation Flexibility T. Right-of-Way and Franchise Fee Authority RESULT: APPROVED [UNANIMOUS] MOVER: Brandon Thueson, Ward III SECONDER: Taneea Browning, Ward IV AYES: Williams, Dingler, Quilty, Thueson, Browning, Hernandez EXCUSED: Michael Parsons 2. Planning Commission Report Mrs. Holtey presented the Planning Commission Report for July 3, 2018: The Planning Commission conducted a public hearing to consider a Tentative Plan for a 5-lot subdivision which consists of 2.36 acres and is located in the Transient Oriented Development District. The applicant’s agent was present to agree with the Planning Staff who recommended the continuation of the public hearing in order to resolve easement issues that clouded the review and approval of the proposal. This item will return to the Commission on August 7, 2018. 7.1 Packet Pg. 6 Minutes Acceptance: Minutes of Jul 19, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes July 19, 2018 Page 5 Planning staff introduced and explained the process for amending the city’s UGB and asked the commission to answer a series of questions that would help staff decide what criteria to include in evaluating the next expansion. The City Council will be reviewing the recommendation at a future study session. XI. MAYOR'S REPORT Mayor Williams reported that: He attended the funeral mass for CW Smith. He attended the 4th of July Parade and Red White and Boom. Medford Chamber forum was presented by the City of Medford and provided a state of the city address. SOREDI had their annual business meeting on the river with a Jet Boat cruise. He attended the Fair Board meeting and Medford Water Commission. XII. CITY MANAGER'S REPORT City Manager Chris Clayton reported that: He will forward an article tomorrow from the Oregonian regarding homelessness in Oregon. We received news that the Scenic/Hwy 99 Intersection is on the radar for work in 2020. He has received several good reports regarding the parade this year. He wanted to thank the Police Department and Public Works for all the hard work to stop the wild fire that swept through the east side of Central Point this week. Our cooperation with regional services in a situation such as this is vital. XIII. COUNCIL REPORTS Council Member Mike Quilty reported that he attended an Oregon Freight Advisory meeting in Salem and the 4th of July Parade. Council Member Brandon Thueson reported that he gave a presentation to a local church group regarding the opportunities available for becoming involved in the community. Council Member Rob Hernandez reported that: He attended the 4th of July Parade. 7.1 Packet Pg. 7 Minutes Acceptance: Minutes of Jul 19, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes July 19, 2018 Page 6 He attended the livestock auction at the fair. If the wind had changed directions he may be without a home right now. He would like the city to work on cleaning up what we can of the Greenway so that this type of thing doesn’t take out neighborhoods. He has concerns about the Boes Parkland area that the city owns. It is a fire hazard and could easily take out an entire subdivision. Staff responded that this is a topic of discussion with the County on how we can be proactive and clean the area so it is less attractive to transients and less of a fire hazard. Council Member Bruce Dingler stated that he attended the Study Session. He is also concerned about the distance for the emergency evacuation regarding the fire on Tuesday. People on the other side of Central Point were told to evacuate and they were not in imminent danger. He is concerned that the next emergency people will not pay attention to the evacuation and there could be loss of lives. Council Member Taneea Browning reported that: The Freedom Festival and parade rocked. On July 10th she attended the Governor’s budget meeting along with 20 other business leaders in the Rogue Valley. She attended the Study Session on Monday. Greeters will be on Tuesday at Seven Oaks. She attended the Park and Rec Day at Twin Creeks Park. It was well attended. She attended the Fire District 3 Board meeting tonight. They renewed the contract for the Fire Chief, the ECSO Contract and updated the board on fires in the area. FD3 and Medford Fire are collaborating on the greenway fires to see how they are being started. There will be a neighborhood meeting in the Scenic area next week to discuss the new Fire Station. XIV. DEPARTMENT REPORTS Police Chief Kris Allison reported that: CPPD did what they could to help residents evacuate around the fire on Tuesday. Several officers used garden hoses to help keep property from burning. She updated on the progression of the fire and how successful Fire District 3 was saving structures. CPPD had accepted the lip-sync challenge and posted a video on their facebook page. They have already gotten positive feedback through social media. 7.1 Packet Pg. 8 Minutes Acceptance: Minutes of Jul 19, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes July 19, 2018 Page 7 They have been working on the Country Crossings Festival which will begin next week. They have been working on all the different scenarios that could happen during the four day festival. Parks and Public Works Director Matt Samitore reported that: The paving of East Pine Street will be in September because Knife River is busy with another job. This will be a full five day project of grinding and paving the street. Yesterday was National Parks and Rec day. The event in Twin Creeks Park was a huge success. The Twin Creeks Rail crossing should be starting on July 30th. Hwy 99 and Scenic has been moved up on the calendar for 2020. Staff has been working on Country Crossings road closures and getting all the cones and signs in place. Finance Director Steven Weber reported that the Auditors were in the house last week and that staff will be working on the Transient Lodging Tax audit. Principal Planner Stephanie Holtey reported that: They have been meeting with FD 3 regarding the location of their new Station. There are several subdivisions planned for the near future. They have been meeting with developers for White Hawk to market their property. There will be two small zone map changes coming to the Council in August. Staff is working on the preliminary stages for the UGB expansion. The Planning Commission and Citizens Advisory Commission have full agendas for August. XV. EXECUTIVE SESSION XVI. ADJOURNMENT Mike Quilty moved to adjourn, Taneea Browning seconded, all said “aye” and the Council Meeting was adjourned at 8:45 p.m. The foregoing minutes of the July 19, 2018, Council meeting were approved by the City Council at its meeting of August 9, 2018. 7.1 Packet Pg. 9 Minutes Acceptance: Minutes of Jul 19, 2018 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes July 19, 2018 Page 8 Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder 1. Motion to: Motion The foregoing minutes of the July 19, 2018, Council meeting were approved by the City Council at its meeting of August 9, 2018. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder RESULT: APPROVED [UNANIMOUS] MOVER: Taneea Browning, Ward IV SECONDER: Michael Quilty, Ward II AYES: Williams, Dingler, Quilty, Thueson, Browning, Hernandez EXCUSED: Michael Parsons The foregoing minutes of the July 19, 2018, Council meeting were approved by the City Council at its meeting of August 9, 2018. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder 7.1 Packet Pg. 10 Minutes Acceptance: Minutes of Jul 19, 2018 7:00 PM (CONSENT AGENDA) ORDINANCE NO. _____ AN ORDINANCE APPROVING VACATION OF OPEN SPACE LOCATED IN SNOWY BUTTE STATION, PHASE 2, CENTRAL POINT, OREGON AND ACCEPTING RESERVATION OF EASEMENT TO CITY RECITALS: A.WHEREAS, the City of Central Point initiated a vacation of open space area located at the intersection of Cheney Loop, a public street, and a Public Alley in Snowy Butte Station, Phase 2, consisting of approximately 6,145 square feet, more or less, as more fully described in Exhibit “A” incorporated herein by reference. B.WHEREAS, the City published and posted statutorily required notice; C.WHEREAS, a duly noticed public hearing was held before the City Council on July ___, 2018; D.WHEREAS, the City determined the need to reserve therefrom a public utility easement within the vacated area; E.WHEREAS, after due consideration, the City has made certain findings in connection with the request for vacation of City property and subsequent statutory procedures for the vacation process, which findings are attached hereto and incorporated herein as Exhibit “B”; F.WHEREAS, based on the attached findings, the City of Central Point determines that it is in the best interest of the public to grant the vacation request. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION 1. Vacated Property. The open space area located at the intersection of Cheney Loop, a public street, and a Public Alley in Snowy Butte Station, Phase 2, consisting of approximately 6,145 square feet, more or less, as described in Exhibit “A” attached hereto, is hereby vacated, and title to the vacated property shall be returned and belong to the owners of the adjacent property pursuant to Oregon law. SECTION 2. Findings. The Council adopts the Findings attached to this Ordinance set forth in Exhibit “B.” SECTION 3. Reservation of Easement. A public utility easement is hereby reserved for the benefit of and conveyed to the City of Central Point, its successors and assigns under and upon the vacated property in which to construct, operate, maintain, repair, replace, improve, and enlarge utility systems for purposes of transmission, distribution, and sale of 10.1.a Packet Pg. 11 Attachment: ORD Vacation of Open Space (1021 : Snowy Butte Park reading 2) such utilities. This grant of easement extends to providers of public utilities for such purposes. The City and such utilities shall also have reasonable rights of ingress and egress to and from such easement across the vacated property. Public utilities that may use this easement include, but are not limited to, storm drainage, sanitary sewer, water, gas, electric, telephone and cable television. Section 4. Deed. The vacated property shall be conveyed to the abutting property owner by quit claim deed, a copy of which is attached hereto and made a part hereof as Exhibit “C.” Conveyance shall be subject to the conditions set forth in this ordinance and applicable law. Section 5. Conditions of Vacation. The vacation is conditioned upon the adjacent property owner (owner whose property abuts the vacated property) executing any and all necessary documents to effectuate this vacation. Section 6. Filing. Certified true copies of this ordinance shall be recorded in the office of the County Clerk of Jackson County, Oregon, and with the County Assessor and County Surveyor of Jackson County, Oregon. Section 7. Effective Date. For purposes of transfer of ownership of the property covered by the vacation, this Ordinance shall be effective upon completion of the conditions provided herein. PASSED by the Council and signed by me in authentication of its passage this ____ day of _________________________ 2018. ___________________________________ Mayor Hank Williams ATTEST: __________________________________ City Recorder 10.1.a Packet Pg. 12 Attachment: ORD Vacation of Open Space (1021 : Snowy Butte Park reading 2) EXHIBIT “A” Legal Description 10.1.a Packet Pg. 13 Attachment: ORD Vacation of Open Space (1021 : Snowy Butte Park reading 2) EXHIBIT “B” FINDINGS TO AN ORDINANCE VACATING OPEN SPACE LOCATED IN SNOWY BUTTE STATION, PHASE 2, CENTRAL POINT, OREGON AND ACCEPTING RESERVATION OF EASEMENT TO CITY In connection with the ordinance vacating open space located at the intersection of Cheney Loop, a public street and a Public Alley, the Council finds: 1.That the subject open space is no longer needed for park or open space purposes, that the open space is not a significant asset to the City, and that the open space provides more value to the public by being added to the local taxable land base than remaining in its current state. 2.The Council reviewed the staff report with findings; conducted a public hearing on the proposed open space vacation on July ____, 2018; and found the vacation of the open space to be in the public interest. 4.The City provided notice of the proposed vacation to adjacent property owners pursuant to ORS 271, by publication in the Medford Mail Tribune, a newspaper of general circulation published in Jackson County, Oregon. Notice was published once per week for two consecutive weeks with the first publication on May ____, 2018 and the second publication on July ____, 2018. 5.Said notice provided, among other things, that a hearing before the City Council concerning the proposed vacation would be held on July ____, 2018 in the City Council Chambers in Central Point, Oregon, which was the time and place when objections to such proposed vacation would be considered and heard. 6.The City Council convened at the time and place specified in the public notices and no objections were made to said vacation. 7.On _______________, 2018, the City posted at or near each end of the portions of land proposed to be vacated, a copy of the notice provided for in ORS 271. 8.The Council determined that the proposed vacation would not substantially affect the market value of the property owners abutting the open space to be vacated. 9.Vacation of the subject property will be in the public interest. It will add property to the tax rolls and will potentially decrease City costs and liabilities associated with the maintenance of public open space. 10.The vacated property will be deeded to the abutting property owner subject to the reservation of a public utility easement for the City of Central Point for construction, installation, maintenance, repair, replacement, distribution, and transmission of utilities and ingress and egress to such utility easement. 10.1.a Packet Pg. 14 Attachment: ORD Vacation of Open Space (1021 : Snowy Butte Park reading 2) “EXHIBIT C” Recording Requested By: City of Central Point 140 S. Third Street Central Point, OR 97502 When Recorded Mail To: City of Central Point 140 S. Third Street Central Point, OR 97502 Mail Tax Statements To: OWNER AS PER COUNTY RECORDS AT TAX ASSESSORS OFFICE (This Space for Recorder=s Use) VACATION QUIT CLAIM DEED City of Central Point, an Oregon municipal corporation, Grantor, releases and quitclaims to Investor’s II, LLC, an Oregon limited liability company, Grantee, all right, title and interest in and to the real property described below, which real property was vacated, closed and abandoned by Ordinance No. _____________________ passed and approved by the City Council of the City of Central Point, Oregon on July ___, 2018. All that certain real property dedicated to the City of Central Point for public use as OPEN AREA, located at the intersection of Cheney Loop, a public street, and a Public Alley, in the City of Central Point, Oregon, located within SNOWY BUTTE STATION, PHASE 2, filed for record on February 22, 2006 in Volume 32 of Plats, Page 14 of the Records of Jackson County, Oregon, and filed as Survey Number 19077 in the office of the Jackson County Surveyor. RESERVING THEREFROM THAT CERTAIN 10.00-FOOT-WIDE PUBLIC UTILITY EASEMENT, as dedicated to the City of Central Point for public use, being along the westerly boundary of said Open Area, lying easterly of and coincident with the easterly right-of-way of said Cheney Loop. Said OPEN AREA containing 6,145 square feet, more or less. 10.1.a Packet Pg. 15 Attachment: ORD Vacation of Open Space (1021 : Snowy Butte Park reading 2) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is other consideration, consisting of conveyance by Grantee to Grantor of certain easements pertaining to the subject real property granted to Grantor of even date. Dated this ____day of ____________, 2018. City of Central Point By: STATE OF OREGON ) ) ss. County of Jackson ) This instrument was acknowledged before me on____________________, 2018, by the City of Central Point, Oregon, acting by and through ________________________________, its _________________________________. Notary Public for Oregon My Commission Expires: 10.1.a Packet Pg. 16 Attachment: ORD Vacation of Open Space (1021 : Snowy Butte Park reading 2) 10.1.bPacket Pg. 17Attachment: Vacation Description Sheet (1021 : Snowy Butte Park reading 2) 10.1.c Packet Pg. 18 Attachment: Cheney Loop (1021 : Snowy Butte Park reading 2) 10.2.a Packet Pg. 19 Attachment: VAC - 18001 ATTACHMENT A (1019 : Consider a Resolution to Set a Hearing for an Alley Vacation) 10.2.b Packet Pg. 20 Attachment: VAC - 18001 ATTACHMENT B (1019 : Consider a Resolution to Set a Hearing for an Alley Vacation) 10.2.c Packet Pg. 21 Attachment: VAC - 18001 ATTACHMENT C (1019 : Consider a Resolution to Set a Hearing for an Alley Vacation) 10.2.c Packet Pg. 22 Attachment: VAC - 18001 ATTACHMENT C (1019 : Consider a Resolution to Set a Hearing for an Alley Vacation) ATTACHMENT “D” RESOLUTION NO. __________ A RESOLUTION SETTING A PUBLIC HEARING AND INITIATING PROCEEDINGS TO VACATE AN UNIMPROVED ALLEY RIGHT-OF-WAY BETWEEN FRONT STREET AND CENTRAL OREGON AND PACIFIC RAILROAD RECITALS: A. On June 29, 2018 the Community Development Department received an application/petition from School District #6 to vacate unimproved alley right-of-way on their property at 419 Front Street formerly known as Crater Iron. B. In accordance with ORS 271.080, the applicant’s petition includes a description of the ground proposed to be vacated, the purpose for which the ground is proposed to be used and the reason for such vacation. C. The applicant’s petition is also consistent with the requirements of CPMC Chapter 12.28, Street and Alley Vacations D. In accordance with ORS 271. 100, there appears to be no reason why the petition should not be allowed in whole or in part, in order for the governing body shall fix a time for a formal hearing upon the petition. The City of Central Point resolves: Section 1: That a public hearing is set for ___________, 2018 at 7:00 p.m. in the Central Point Council Chambers, City Hall, 140 South Third Street, Central Point, Oregon to receive public testimony regarding the vacation and to make a determination regarding same. Section 2: The City Council directs the City Manager or a designee to give notice of said public hearing as provided in accordance with ORS 271.110. PASSED by the Council and signed by me in authentication of its passage this ___ day of August, 2018. ___________________________________ Mayor Hank Williams ATTEST: _______________________________ City Recorder 10.2.d Packet Pg. 23 Attachment: Crater Iron ROW Vacation Resolution No (1019 : Consider a Resolution to Set a Hearing for an Alley Vacation) Date: July 9, 2018 Re: Run4Freedom Registration Earnings To: Chris Clayton, City Manager Matt Samitore, Parks & Public Works Director The 2018 City of Central Point Run4Freedom was very successful this year, earning $3,085 in registration fees. Historically these funds are donated to groups that help with the planning and execution of the event. This year we had help from Crater Cross County, Crater High School Cheerleaders and the Crater Football Team. Each group helped in various different areas of the event. With approval, we would like to split these funds equally amongst these groups, as we feel that each group helped equally with this event and thus made our event as successful as it was. Nikki Petersen Coordinator Special Events & Marketing City of Central Point, Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpointoregon.gov Parks & Recreation Department Nikki Petersen, Coordinator Special Events & Marketing 11.1.a Packet Pg. 24 Attachment: Run4Freedom Memo (1023 : Run 4 Freedom) For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! 11.2.a Packet Pg. 25 Attachment: bartholomew (1022 : SBS I'rt ã¡¡aÊgßl¡têil__6lhtpIIi'tsI,itE,Ér.rD.Plr.t-¡.,t¡þ¡¡G)tl.r:,-:-ÇiljFff-': ¡!r-¡EãEæ+"èair1:l3''.5 i1ã-.¡, --ææ--Içl'l.-lÊ{ Ì-aaill-Ë*Ct'ìr':\- rt-_l-l¡-tIIlIl:1'!xtr1Iii-.Irf,ijËr.isr-. It-__.IÐD-E¡rE-f,-lf¡ l.irF[fF_¿1. IIII:LIt+-REqI{-I-J¿)æoæe11.3.aPacket Pg. 26Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid City of Central Poing Oregon 140 S Thind Street, Central Poinq OR 97502 54 I .664.1321 Fo< 54 1.6ó4.6384 www.centrdpointorqton{ov POI Buildins Derek Zwagerman, P,E., Building Ofìcial TO: FROM DATE: RE: Roofing Contractor Dcrck Zwagomnn May 25, 2018 Roof Repair The City of Cent¡al Point is seeking bids to remove and rcplace the existing roofing locatcd at 140 S. Thid St., Central Point, OR. Bids must be received by Junç 29' 2018. The bid shall includc removing the existing mernbrane and replacing it with a 60-mil thiclqress TPO membrano. The bid shall also include flashing ofroof penehations, parapot walls, drains, etc. Reinoval and reinstallation of parapet wall caps and other necessary work to complete the remof shall be providcd as part ofthe bid. The bid shall be broken down for th¡ee options: I , Rsrnoval and replacement of the eritùe roof area depicted in the following roof diagram. 2. Removal and replaccrncnt of the approxinnte 8,250 sq. ft. roof area. 3. Removal and re,placement of the approximate 2,960 sq. ft, roof a¡ea * the two o'bridge" areas of 28E &,264 sq. ft.. The contractor may also provide altErnativc products in thei¡ bid for consíderation. Product specifications must be provided with the bid. Contractor must havc a City of Ccntral Point business license and CCB license. Contractor Namc:+e_Or n\ooSin Addrcss;3l bu.¡ Dß-rÕr çoK Phone: 51 \- Bbq -cobt oÂÇ,c.p 112- tQ4f Contact name & em¿ill e Prcss.rct ,rrR-oo$',, Coû\- Bid Priccs: @ids due by June 29,2018) 35"() -Option#3 Option#l Option #2 Further info¡rration or to arrange a site visit you may qontact Derek Zwagerman, Building OfTicial for the Cþ of Cent¡at Point at (541) 423-L024 or derek.zwaqcrrnsn(Acentr¡lpointolceon.gov. 11.3.a Packet Pg. 27 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) 612812018 Customer Info: Job #: 13977 City oi Central Po¡nt 140 s third st, central point, OR, 97502 (s4r) 423-rO24 Print Eslimates Pressure Point Roofing, Inc. 5235 Rainbow Dr. Central Point, OR 97502 Phone: (54I) 772-L945 Fax: (541) 664-L772 Compa ny Representative: Greg Monroe(s4I) 772-L94s greg m@ pressu repoi ntroofin g, com Total Notes/Commentsl Workmanship warränty from Pressure point roofing is for five years. Option #1 $43,350,00 cct #80247 Understrueture.(¡f necessory) is additional at Time (g60 per man hour) and Materials (plus T0%). Wewilnotify owner if additional work is needed before proceeding. Payment terms: 25Vo Down, Balance upon proiect complet¡on. Payment to be made within 10 days receipt of invoice. By signing below, customer acknowledges receipt of State required notlces (when applicable,) Disputes to be Arbltrated. Any dispute between lhe parties concerning the interpretation, applicatlon, enforcement or validity ol this agreement shall bearbihated under Chaptel| 3 of the Uniform Trial Court Rules effective Augusl 1, 1990 or as amended thereafter All arbitration hearings;ha¡i t;ke pãce ln httos'//mv anct rlvnx cnm/l l.snfcnnirnls/FlcySr rnnnrl/PrinlFslimalê âsnv?¿Fslimalolfl=Â6AQp 77A-ñr1¡-tlrR¡-A',âA-l+ãÁrraa^4hor tôht n-^ã (^l ñnz ^rrt Tear off existing TPO roofing and install a new 6O mil Duro-Tuffroofing system w¡th a 20 year warranty. Option #2 Tear off sting TPO roofing and install a new 6O mil Duro-Tuff roofing system with a 20 year warranty. Opt¡on #2 totalr 930,925.00Tear off existing TPO roof¡ng and install a new 6O mil Duro-Tuffroof¡ng system w¡th a 20 year warranty. Option #3 Tear off existing TPO roofing and install a new 60 mil Duro-Tuff roofi ng system with a 20 year warranty. Option #3 total: 913,425.OO Total for all sections; 944,350,00 $44,350.00 Descrlptlon Install l/2 fan fold as a slip sheet between the roof deck and the Duro-Last roofing system. Install 60mil PVC Duro-Tuff mechanically attached roofing membrane according to manufacturer,s specifications Install 60mil Duro-Tuff membrane on the parapet walls. Install prefabricated drains, stacks, and curbs for all roof penetrations. Install 2 way breather vents accordlng to manufacturer specifications (1 per 1,000 square feet). Install 30"x60" walk pad for the HVAC units service doors, Clean up roofing debris and grounds to condition at commencement. certifìed Duro-Last inspector checki all Éield welds and details, 20 NDL warranty,n Description Install 1/2 Dens Deck as a recovery board to be fully adhered Install 60m¡l PVC Duro-Tuff mechanical fastened roofing membrane according to manufacturer's specifications. Install 60mil Duro-Tufl membrane on the parapet walls, Install prefabricated drains, stacks, and curbs for all roof penetrations, Install 2 way breather vents according to manufacturer specifìcations (1 per 1,000 square feet). Instail 30"x60" walk pad for the HVAC units service doors, Clean up roofing debris and grounds to condition at commencement. Ins on cert¡fied Duro-Last inspeclor checki all field welds and details. 20 year NDL warranty, lta 11.3.a Packet Pg. 28 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) 612812018 Print Eslimates Jackson County, Orogon, The cost of arbitration shall be shared equally between the parlles; however, tho prevailing parly shall be entilled to recover th€ attorney's fees incurred concerning the arbitration and/or any appeal thereof.ln the event Owner or Contractor shall take any action, judicial or olherwise, conceming this agreemenl, including but not limiled to enforcement or interpretation of any terms of the agreement, the prevalling party shall be entltled to recover from the other party all êxpenses which it may r€asonably incur ¡n taklng such âction, includlng but not llmited to costs lncurred in searching records, the cost of lltls reportE, tak¡ng and lranscribing of deposilions, surveyor reports and foreclosure reports and altomey fess, whether incuned in a suil or action or appoal from a judgmsnt or dacree therein or in conneolion w¡th non-judicial action, includlng the giving by Conhactor to Owner of any notice necessllated by Owner's faílure to comply with any tarms of lhls contract. .-I).^* ilVl"rr",*l be_ Company Aut[\ized Signature Date Customer Signature Date DateCustomer S¡gnature Thls estimate was last edited by Greg Monroe ((54t)772-1945, gregm@pressurepolntrooflng,com) on June 28,2Ot8. The estimate may be wlthdrawn lf not accepted within - days, 11.3.a Packet Pg. 29 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) ^å,Cíty of Central Point, Oregon 140 S Th¡rd Streeq Central Po¡nç OR 97502 541 ,664.t321 Fax 541,6ó4.6384 wu¡r¡c¡rdpqi¡lsrepx"py CENTRAL POINT Building Dep4.tmq4 Derek Zwagernran, P,E,, Building Oflicial l-o: FROM; DATE: RE: Roolìng Contractor Derek Zwagerman May 25,20111 Roof Repair Ttie Cil.y of Cenùral Point is seeking bids to rernove and replace the existing roohng locatcd at 140 S f'hird St,, Central Point, OR. Bids must be rcceived by June 29, 2018, The bid shall include removing the existìng mernbrane and replacing it with a 60-mil thickness TPO mentbrane. The bid shalì also include flashing of roof penetrations, parapet walls, drains, etc. Removal and re irntallation of parapet wall caps and other necessary work to complete the reroof shall be pn-rvicleci as part of'the bid. The bid shall be broken down for three options: 1. Rcmoval and replaccmcnt of the entirc roof area depicted in the f'ollowing roof diagram. 2. Rsrnoval and replacement of the approximate 8,250 sq. ll. roof area. 3. Removal and replacement of the approximate 2,960 sq. ft. roof area + the two "bridge" areas of 288 &.264 sq.ft. The contractor may also provide alternativc products in their bid for cormideration, Product specifications must be providcd with the bid. Conlractor must have a City of Central Point business license and CCB license. Contractor Name: _-____gLË.S€R_Ë3Utç1¡100€lN6'lpt- _ P O Box 5294Address: ----- Ç€f*fal P€iñt-gR 97604 p,o. Box 52e4. cenrrat poinr, oR e7502 Phone; SYI^ (¿ol - 78"7a Phone: (541) 245-6727 ',Fax: (541) 245-2726 ryanbleser@ hotmall.com Licensed . Bonded. lnsured . f7S39J Contact name & email: oÒOO Bid Priccs: (Bids due by June 29,2078) Option #l 44 3B ùÐ c)cÉ) Option #2 b oo o¿) Further inf<¡rmation or lo arrarge a site visit, you may contact Derek Zwagerman, Building Of'ticiat t'or tho City of Ccntral Point at (541) 423-1024 or derçk.vgCgç{pen@99ltrclp=o_intoreqon,qov. ü)Ut & /, //*X' ¡Za-tE .--)?t/ofrø 11.3.a Packet Pg. 30 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) Mailing Address: P.O Box 5294 Central Point, OR 97502 Enrail Address; ryantllesor@hotma¡l com BTESER BUILT ROOFING INC. Phone: (5411245-6727 Cell: (541) 601-7870 Fax (5411 245-2726 Licensed . Bonded' lnsured #75393 4/"Ae-re.t(2on-6"r /,1ftN pnoposAL AND coNTRAcr TO:þ* 8 zc'tt Name Date Address JobAddress f,e I {9-t t-B¡ ¿L Clty City /49 pnorc -:{/1 :31-¿,: 1-ç-?-/- e¡,^¡t iLÊ C€ K-!-Z ùf7e ß lnn N úp C¿¡t/¡+l for'tf 2rcey H ' I oy' I propose to turn¡sh all materials and perlorm all labor lo e- .Ç¿-¿-/-.0 /r e/ /€ /us a /-*-s /z ¡r ê-?-ç éoçer- 6a¿-r-¿.1 oA//tlâ¿l/r+-N¡ e.n-{ (t ¿_ /7L ]<- *n / / 4-//-ra (?/e j'f //^1./ ¿t-./P"5'Òt{ S' t*,¡a /,,tS,l-U F , Rlc) H¡*e S,*'Þ)d Nzr+-¿ l¡"/.¿lr þ ao 'g S-¡ r fe-. ,.t '.:O ., t 4-a¿¿11 ¿.- /ft¿n d'u *,.r(//hrj * 3 &B 9o0 q-o I ,*rJ All of the above work 10 be complet€d in a substantial and worknlanlike manner according to standard practices for the warranty 0 yeafs on all tì€w rootlng Of re-roofing (a"t lr*(oa F t-¿re¿{ /3ot /l o.., '?$f fe ftß t^<*Õ P Payment sch6du¡e duo on job complelion,Estimale oood for 30 davs and is subiect all to material o¡ice inc¡eases' cioes not include wôod rol,insulalion roplacement of deckshealing pilce.Not respons¡ble for dust and d¡rt liltration inlo brr ild ing. take rì(¡liability for fumes frorn hot asphalt,BiturIìen,coatings or adhesive applied roof systerns rJuring roof installation Waler from exisl¡ng masonry parapêts,0r sheet metal above new roof membranes ate omitt6d t0 waranty and sùbject to ropatr oôst. responsible for "third partY'damege Ail "lhlrd party'repalrs will be b¡lled to cuslomer Not responsible for muslc,or satell ite anlenna installation,Any IlVAC,Ductirrg Electrical or Sign Removal and Re-lnstallati0n a(e added coÊt.-[here ls an addilional cosl any fitold, úsbesto$ losting, abatement and disposal, 1,5% finance charge will be charged oe¡ month o Any altoration or deviation fÍom the above specifications involving €xtra cost of material or labor w¡ll only be executed uPon written orders for same, and will become an oxtra chargo over the sum mênlion€d in this contracl All agreements rrlLrst be made in writing, Availabil¡ty of mater¡als may result in iob delay and complelion. Due job completion Submitleci by LICENSED' BONDED . INSURED #75393 DATE t FOR CONFIFIVIATION AND SOHEDULING MAIL BACK WHITE COPY CONSUÌv1ER NOTIFICATION INFOFMATIoN oN BACK SIDE 11.3.a Packet Pg. 31 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) Qgt of Central Point, Oregon 110 S Thlrd Strecq Ccntr¡l Polns OR 97502, 5{ 1,6ó4.312 I F¡x 541.66.1.638,t ww¡c¡rtnlpdntorrlon lov Deoartment Drak Zwegrrmrn. P.E- &dldlng Ofrcirl TO: FROM: DATE: RE: Contractor Namc: Roofing Contractor Dcrck Zwagcrmnn May 25,2018 Roof Rcpair Thc Cily of Ccntral Point is secking bids to rÊmovc and replace the eristing roofing locatcd at 140 S. Third St., Central Point" OR. Bid¡ must bc rcccived by Junc 29,2018. The bid shall includc renroving tfte cxisling membrüre rnd replacing it with a 60-mil thickness TPO membrane. The bid sha[ also include flashing of roof pcnctrations, parapcl walts, drains, c{c. Rcrnoval and rcinstallation of parapct wall caps and otùer necesrar¡r work lo complete the reroof shall bc providcd ar part ofthe bid. Thc bid shall bc brokcn down for three options: l. Rcmoval and rcplaccmcnt of the cntire mof erea dqictcd in thc following roof dia¡rarn 2. Rcmoval and rcplaccmcnt of lhc approximatc 8,250 sq. ft. xoof arca. 3, Rønoval and replaccmcnt of thc approximatc 2,960 sq. fr. roof arcu + thc two *bridge" areas of 288 & 264 sq. fr. Tho conl¡aclor may also provide altcnutive products in their bid for coruidcration. Pmduct specifrcations must bc provided with the bid, Conl¡aotor must havc a City of Contral Poirit businc¡s liccnse nnd CCB licensc. Addrcss: Phone:g3î o s4/-48-t Contact namc & cnraíl: Bid Priccs: (Bids duc by June 29, 2018) Option#l Option #2 Option #3 ,í roa I DeJr¿c* Fra r\tul,rtr('-o colT\ J lt/e "Jt'd Furthsr information or to sfiangc a sìtc visit, you may thc City of Ccnt¡al Point ¡t (541) 423-1024 or Official for 11.3.a Packet Pg. 32 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) CITY OF CENTRAL POINT GENERAL S ERV]CES CONTRACT Citv of Central Point City Hall Reroof This contract is made between the City of Central Point (City) and Consultant named below (Consultant). Consultant lnformation: Full legal name or business name: Pressure Point Roofing, lnc. Address: 5235 Rain Bow Drive City: Central Point, OR Zip Code: 97502 Telephone: (541)772-'1945 email: gregm@pressurepoinlroofing.com City and Consultant agree: 1. Services to be Provided. Consultant will provide to City the following services: r set forth on the attached EXHIBIT B 2. Effective Date or Duration. This contract is effective on the following start date (or on the date at which every party has signed thís contract, whichever is later.) This contract shall expire, unless otherwise terminated or extended, on the following end date: Contract start date: Auqust 10. 2018 Contract end date: November 1. 2018 3. Consideration. City agrees to pay Consultant a sum not to exceed $43,350.00 for the services to be provided Payment will be made rUpofì completion 4, Ghange Orders. The City may request'Consultant" to perform extra work, or may issue a change order regarding work or services lísted in Section 1, or Exhibit B, as the case may be. All extra work requests and change orders will be made in writing by City's authorized representative. Any extra work request issued will have a bínding "not to exceed" cost amount, that has been negotíated with "Consultant" prior to issuance of the extra work request. lf any change order issued will affect any of the pricing for work or services agreed to herein, then 'Consultant" shall supply to City's authorized represenlative in writíng, within 48-hours of issuance of the change order to'Consultant", "Consultant's" requested adjustments to the pricing of items this section 3 and justifìcation for such adjustment. "Consultant's" requested adjustments to the pricing shall be as negotiated and approved by Gity's authorized representative prior to "Gonsultant" performing the work or services associated with the change order. All definitions, terms, and conditions of this Agreement shall apply to change orders and extra work requests issued by City and performed by "Consultant". 5. Authorized Representative for Consultant. The authorized representative for Consultant is Greq Monroe. 6. Standard Contract Provisions. Consultant shall comply with City's Standard Contract Provísions for Personal Services, a copy of which is attached as Exhibit A. City of Central Point Consultant By: (signature) By: Title: Date: Title: Date: SSNffax lD # C.P. Business License # (a)to Form 1099: ron file; ¡attached 11.3.a Packet Pg. 33 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) @@@@@tlr3nlta atùL" ¡ãt-7o\:?rú€)@I2;L@€)llo'o72.ruF3<_l¿[3L'Jf,-*${_>9r.9+@S¿H'"$$<-ë€E_ñCüaG¡!rúa.¡rarøn l4 affi'rtalÞGuE-$$$^rl:"l'I(.'Ã Ã^^F Àr ..DPllñlLEÀOERIN9DEcoluñNsTffiORAINRUNlo2.ilRqJG+IRæÊ11.3.aPacket Pg. 34Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid F,yÈt,\-ÉlT w> \ Çlty of Ce¡_çry| tsi¡!, orçgq¡ _ 140 S Thlrd Screet, Central Point, OR 97502 541 .664.3321 Fax 541.664.6384 www.central pointoregon.gov CENTRAL POINT Qui!ding Dqpq-t¡en¡ Derek Zwagerman, P.E., Building Official TO: FROM DATE: RE: Add¡ess: Roofing Contractor Derek Zwagerman. May25,2018 Roof Repair The City of Central Point is seeking bids to rsmove and replace the existing roofing located at 140 S. Third St., Central Point, OR. Bids must be received by June 29,2018. The bid shall include removing the existing membrane and replacing it with a 60-mil ttrickness TPO membrane. The bid shall also include flashing of roof penetrations, parapet walls, drains, etc. Removal and reinstallation of parapet wall caps and other necessary work to complete the reroof shall be provided as part of the bid. The bid shall be broken down for three options: 1. Rernoval and replacement of the enti¡e roof area depicted in the following roof diagram. 2. Removal and replacement of the approximate 8,250 sq. ft. roof area. 3. Removal and replacement of the approximate 2,960 sq. ft. roof area * the two "bridge" areas of 288 & 264 sq. ft. The contractor may also provide alternative products in their bid for consideration. Product specifications must be provided with the bid. Contractor must have a Ctty of Cent¡al Point business license and CCB license. Contractor Name l^)t Phone: 5tl t-f-] 2-ltt{S Contact name & emal: G id Roo0 ì.1 . Co^- Bid Prices: @ids due by June 29,2018) S 4:aso+Option#1 Option #2 Option #3 S \? . ur.s ¿¡o Further information or to arrange a site visit, you may contact Derek Zwagerman, Building Official for the City of Central Point at (541) 423-1024 or 11.3.a Packet Pg. 35 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) r(,Jlt.-l 'T r-¿ f5-\1 P r t{ Pressure Point Roofing, Inc. 5235 Rainbow Dr. Central Point, OR 97502 Phone: (541)772-1945 Fax: (541) 664-1772 Company Representative: Greg Monroe (s4t) 772-1e4s gregm@pressurepointroofi ng.com Customer Info: Job#:13977 City of Centlal Point 140 s third st. central point, OR, 97502 (s4t) 423-1024 Tearoff existing TPO roofing and install a nerry 60 mil I)uro-Tuffroofing system with a 20year warrant¡r. #2 Tearoff existing TPO rooling and install Option #2 total= $30,925.00 a new 60 mil Duro-Tuff roofing system with a 20 year warranty. Tearoff existing TPO roofing and install a new 60 mil Duro-Tuff roofing system with a 20 yearwarranty. #3 Tearoff existing TPO roofing and install Option #3 total: $13,425.00 a new 60 mil Duro-Tuffroofing system with a 20 year warranty. Totalfor all sections: $44,350.00 Notes/Comments: Workmanship warranty from Pressure Point Roofing s for five years. Option #l $43,350.00 I 60mil PVC Duro-Tuff mechanically attached roofing memblane according to manufacturer's specificatíons. I 60mil Duro-Tuff membrane on the parapet walls. prefabricated drains, stacks, and curbs for all roofpenetrations. 2 way breather vents according to manufacturer specifications ( 30"x60" walk pad for the F{VAC units service doors. lean up roofrng debris and grounds to condition at cotnmencement. I l/2 fan fold as a slip sheet between the roof deck and the Duro-Last roofìng system stall I 1per ,000 feet).square nstall all field welds and details. 20 NDLcertified Duro-Last 60mil PVC Duro-Tuff mechanical fastened roofing membrane 60mil Duro-Tuffmembrane on the parapet walls. prefabricated drains, stacks, and curbs for all roofpenetrations. nstall 2 way breather vents according to manufacturer specifications ( I per 1,000 square feet). nstall 30"x60" walk pad for the HVACunits service doors. lean up roofing debris and grounds to condition at commencement. l2I foldfan as sli betweensheet roofthedeck and Duro-Lastthep systemroofing accord to manufacturer'slng specifications. lt all field welds and details. 20 NDLcertified Duro-Last $44,350.00 CCB #80247 Understructure, (if necessary) is additional at Time ($60 per man hour) and Materials (plus I 0%). We 11.3.a Packet Pg. 36 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) PUBLIC IMPROVEMENT CONTRACT \ryITH PRESSURE POINT ROOFING,INC. For City of Central Point City llall Reroof THIS CONTRACT, made and entered into this 10ú dayof August, 20l8,by and between the City of Cenhal Point, a municipal corporation of the State of Oregon, hereinafter called "City" and Pressure Point Roofing, Inc. hereinafter called "Contractor", duly authorized to perform such services in Oregon. RECITALS WHEREAS, City requires construction and related services which Contractor is capable of providing, under terms and conditions hereinafter described; and WHEREAS, time is of the essence in this contract and all work under this confract shall be completed within the time period stated in the Bid; AGREEMENT THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Services. Contractorrs services under this Agreement shall consist of the following: (Enter General Description of the Work and make reference to the the Attached Documents (i.e. Detailed Scope of Work, Contractor's Bid, etc.) 2. Effective Date and Duration. This agreement shall become effective upon the date of execution by the City and shall expire, unless otherwise terminated or extended, on completion of the work or Novernber l, 2018, whichever comes first. All work under this Agreernent shall be completed prior to the expiration of this Agreement. 3. Prevailíng Wage. If the conhact price exceeds $50,000 and this Contract is not otherwise exempt, workers shall be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and ORS 279C.840. The applicable prevailing wage rates may be accessed via the internet at: htþ://www.oregon.govlBOlVWHD/PWR/pwr_book.shtml. Hard copies of the prevailing wage rates publication may be obtained by contacting the Oregon Bureau of Labor and Industries via telephone at: (971) 673-0839. If this Project is subject to the Davis-Bacon Act and the state prevailing rate of wage is higher than the federal prevailing rate of wage, the contractor and every subcontractor on the Project shall pay at least the state prevailing rate of wage as determined under ORS 279C.830. I Public Improvement Contract 11.3.a Packet Pg. 37 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) The Contractor must have a public works bond filed with the Oregon Construction Contractors Board before starting work on the Project, unless exempt under ORS 279C.836 (4), (7), (8) or (9). The Contractor shall pay the applicable prevailing wage rates that are in effect at the time City enters into this Construction Contract with Contractor. Within 30 days of contract award, for contracts $50,000 or greater, City shall notifu the Bureau of Labor and Industries of such contract awa¡d and pay the requisite fee. 4. Contract Documents. The Contractor is hereby bound to comply with all requirements of this agreement, the Contractor's proposal, the detailed specifications and requirements, the drawings, and the special conditions and modifications in conditions as set forth in the documents prepared by the City Engineer and the performance pertaining to this contract, in the City of Cenhal Point, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. 5. City's Representative. For purposes hereof, the City's authorized representative will be Derek Zwagerman, Building Official, 140 S. Third St., Central Point, OR 97502. 6. Contractorts Representative. For purpose hereof, the Contractor's authorized representative will be Greg Monroe. 7. Contractor Identification. Contractor shall furnish to the City the Contractor's employer identification number, as designated by the Internal Revenue Service, or Contractor's social security number, as City deems applicable. 8. Compensation. A. Payments: City agrees to pay Contractor ForW three thousand. th¡ee hundred fiftv dolla¡s ($43.350.00) for performance of those services provided hereunder, which payment shall be based upon the following applicable terms: Payment shall be based upon the unit prices bid by the Contractor, as listed in attached bid. Conhactor shall prepare and submit each month to the Finance Department, at the address provided for notices in Section 29 herein, a statement of services rendered, (indicating the description of each service used in the bid and the dolla¡ amount of each service completed through the stated date), together with a request for payment duly verified by the Contractor's Representative. Payment by the City shall release the City from any further obligation for payment to Contractor for services performed or expenses incuned as of the date of the statement of services. Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. Contractor shall include proof of , Public Improvement Contract 11.3.a Packet Pg. 38 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) payment to any and all subcontractors and suppliers with each statement submitted to the City. The City shall retain the right to withhold payments if required proof of payment to subcontractor and suppliers is not included with a statement. B. Timing of Pavments and Liquidated Damages: Progress payments, less a five percent retainage as authorized by ORS 279C.555, shall be made to the Conhactor within twenty (20) days of the City's receipt of the statement of services. The Contractor agrees that the "Time of Completion" is defined in the Bid, and agrees to complete the work by said date. The Contractor and City agree that the City will suffer damages each day the work remains uncompleted after the Time of Completion and that the amounts of those damages a¡e difficult to calculate. Contractor and City agree that a reasonable amount of damages for late completion is $100.00 per calendar day and Contractor agrees to pay such amounts as liquidated damages if the work is not completed by the Time of Completion. Contractor agrees that the liquidated damages specified herein are a fair way of ascertaining damages to the City and are not a penalty for late completion. C. Final Payment: The Contractor shall notiff the City in writing when the Contractor considers the project complete, and the City shall, within 15 days after receiving the written notice, either accept the work or notify the Contractor of work yet to be performed on the contract. If accepted by the City, the remaining balance due to the Conhactor, including the retained percentage, shall be paid to the Contractor by the City within 30 days after the date of said acceptance. The City shall pay to the Contractor interest at the rate of one and one-half percent per month on the final payment due the Contractor, to commence 30 days after the work under the Contract has been completed and accepted and to run until the date when final payment is tendered to the Contractor. [f the City does not, within 15 days after receiving written notice of completion, notiff the Contractor of work yet to be performed to fulfill conhactual obligations, the interest provided by this subsection shall commence to run 30 days after the end of the 15- day period. As a further condition of final accçtance, the City may require the Contractor to submit evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other indebtedness connected with the project have been paid. If any indebtedness or liens are in dispute, the Conhactor may submit a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts if such payment has not already been guaranteed by surety bond. 9' Status of Contractor as Independent Contractor. Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreønent, Conhactor is and shall be deerned to be an independent Contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee 3 Public Improvement Contract 11.3.a Packet Pg. 39 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) of City is entitled and shall be solely responsible fot all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. The undersigned Conhactor hereby represents that no employee of the City, or any partnership or corporation in which aCity employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. C. If this payment is to be charged against Federal funds, Contractor certifies that he or she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the t1rye of service provided' D. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not ernployed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. E. Contractor certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement' F. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 10. Subcontracts - Assignment & Delegation. Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall be fully responsible for the acts or omissions of any Subcontractors and of all persons employed by them, and neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to create any contractual relationship between the Subcontractor and City. This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be binding upon the City and the Conhactor respectively and their legal representatives. Contractor shall not assign any rights nor delegate any duties incuned by this conhact, or any part hereof without the written consent of City, and any assignment or delegation in violation hereof shall be void. 1L Contractor - Payment of Benefits - Hours of Work. A. The Contractor shall: 1) Make payment promptly, as due, to all persons supplying to such Contractor labor or material for the performance of the work provided for in this conhact; 4 Public Improvetnent Contract 11.3.a Packet Pg. 40 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) 2) Pay all contributions or amounts due the Industrial Accident Fund under the Worker's Compensation Law from such Contractor or Subcontractor incurred in the performance of this contract; 3) Pay to the Department of Revenue all sums withheld from employees pursuant to state law; and 4) Not permit any lien or claim to be filed or prosecuted against the City of Central Point on account of any labor or material fumished; B. The Contractor or the Contractor's Surety and every Subconhactor or the Subcontractor's Surety shall file certified statements with the City in writing on a form prescribed by the Commissioner of the Bureau of Labor and Industries, certiþing the hourly rate of wage paid each worker which the Contractor or the Subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the prevailing rate of wage or less that the minimum hourly rate of wage specified in the contract, which certificate and statement shall be verified by the oath of the Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor or Subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor's or Subcontractor's knowledge. 1) The certified statements shall set out accurately and completely the payroll records, including the name and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, and the gross wagos the worker eamed during each week identified in the certified statement. 2) Each certified statement required herein shall be delivered or mailed by the Contractor or Subcontractor to the City. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the Bureau of Labor and Industries. Certified statements shall be submitted as set forth in ORS 279C.845. 3) Notwithstanding the provisions of Section 8(B), the City shall retain 25 percent of any amount eamed by Conhactor until the certified statements as required by this section have been filed. City shall pay Conhactor the amount retained under this subsection within 14 days after Conhactor files the certified statements as required by this section, regardless of whether a subcontractor has failed to file certified statements as required by this section. City is not required to verify the truth of the contents of certified staternents filed by Conhactor. C. The Contractor agrees that if the 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 this conhact as such claim becomes due, the proper office of the City may pay such claim to the person furnishing the labor or services and charge the amowrt of the payment against funds due or to become due to the Contractor by reason of such contract. 5 Public Improvement Contract 11.3.a Packet Pg. 41 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety from obligation with respect to any unpaid claims. D. Conhactor agrees that no person shall be employed for more thari ten (10) hours in any one day, or forty (a0) hours in any one week, except in cases of necessity emergency or when public policy absolutely requires it, and in such cases the laborer shall be paid at least time and a half p ay for all overtime in excess of eight (8) hours in any one day or forty (40) hours in any one week when the workweek is five consecutive days, Monday through Friday, or ten (10) hours in any one day and or forty (40) hours in any one week when the workweek is four consecutive days, Monday through Friday and for all work performed on Saturday and on any legal holiday as specified in ORS 279C.540. E. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law, the City's personnel rules or union agreement. The Contractor shall require every Subcontractor to comply with this requirement. 12. Drug Testing Program. ORS 279C.505 requires that all public improvement conkacts contain a provision requiring conhactors to dernonstrate that an employee drug-testing ptogram is in place. The Contractor demonstrates that a drug-testing program is in place by signing of the contract. The drug testing program will apply to all employees and will be maintained for the duration of the Contract awa¡ded. Failure to maintain a program shall constitute a material breach of contract. 13. Contractor's Employee Medical Payments. Contractor agrees to pay promptly as due, to any person, co-partnership, association or colporation furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the Conhactor's employees, of all sums which the Conhactor agreed to pay for zuch services and all money and sums which the Contractor collected or deducted from employee wages pursuant to any law, contract or ageement for the purpose of providing or paying for such service. 14. Salvage, Composting or Mulching. If this is a contract for demolition work, the Contractor shall salvage or recycle conskuction and demolition debris, if feasible and cost- effective. If this is a contract for lawn and landscape maintenance, Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost-effective. 15. Early Termination. A. This agreement may be terminated without cause prior to the expiration of the ageed upon term by mutual written consent of the parties and for the following reasons: 6 Public Improvernent Contract 11.3.a Packet Pg. 42 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) l) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason ofany third party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute; or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 16. Cancellation with Cause. A. City may terminate this Agreement eflective upon delivery of written notice to Contractor, or at such later date as may be established by Cit¡ under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds, 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such away that the services are no longer allowable or appropriate for purchase under this Agreement, 3) If any license or certificate required by law or regulation to be held by Contractor, its subconhactors, agents, and employees to provide the services required by this Agreønent is for any reason denied, revoked, or not renewed, or 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. 5) If Conhactor fails to maintain reasonable relations with the public. Verbal abuse, threats, or other inappropriate behavior towards members of the public constitutes grounds for termination. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. 7 Public Improvement Contract 11.3.a Packet Pg. 43 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) B. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: l) If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from Cit¡ fails to correct such failures within ten (10) days or such other period as City may authorize. The rights and rernedies of City provided in the above clause related to defaults (including breach of contract) by Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Contactor bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 17. Access to Records. City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. 18. Work is Property of City. All work performed by Contractor under this Agreement shall be the property of the City. 19. Adherence to Law. A. Contractor shall adhere to all applicable laws governing its relationship with its ønployees, including but not limited to laws, rules, regulations, and policies conceming workers' compensation, and minimum and prevailing wage requirements. Specifically but not by way of limitation, this contract is subject to all applicable provisions of ORS 279C.505,279C.510, 279C.515,279C.520,279C.525,279C.530,279C.540,279C.570,279C.580, and 279C.800' 279C.870. B. To the extent applicable, the Contractor represents that it will comply with Executive Order 11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation I Public Improvement Contract 11.3.a Packet Pg. 44 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) Act of 1973 as amended and the Age Discrimination Act of 1975, and, all rules and regulations issued pursuant to the Acts. C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes, ordinances and regulations dealing with the prevention of environmental pollution and the preservation ofnatural resources that affect the work under this contract are by reference incorporated herein to the same force and affect as if set forth herein in full. If the Contractor must undertake additional work due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid, the City shall issue a Change Order setting forth the additional work that must be undertaken. The Change Order shall not invalidate the Contract and there shall be, in addition to a reasonable extension, if necessary, of the conhact time, a reasonable adjustment in the contract price, if necessary, to compensate the Contractor for all costs and expenses incurred, including overhead and profits, as a result of the delay or additional work. 20. Changes. City may at any time, and without notice, issue a written Change Order requiring additional work within the general scope of this Contract, or any amendment thereûo, or directing the omission of or variation in work. If such Change Order results in a material change in the amount or character of the work, an equitable adjustment in the Contract price and other provisions of this Contract a¡¡ may be affected may be made. Any claim by Conhactor for an adustment under this section shall be asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of change or the claim will not be allowed. Whether made pursuant to this section or by mutual agreement, no change shall be binding upon City until a Change Order is executed by the Authorized Representative of City, which expressly states that it constitutes a Change Order to this Contract. The issuance of information, advice, approvals, or instructions by City's Representative or other City personnel shall not constitute an authorized change pursuant to this section. Nothing contained in this section shall excuse the Contractor from proceeding with the prosecution of the work in accordance with the Contract, as changed. 21. Force Majeure. Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled, including, but not restricted to, an act of God or of a public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, fteight embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under Contract. 9 Public Improvernent Contract 11.3.a Packet Pg. 45 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) 22. Nonwaiver. The failure of the City to insist upon or enforce strict performance by Contractor of any of the te:rms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 23.Warrtnties. All work shall be guaranteed by the Contractor for a period of one year after the date of final acceptance of the work by the Owner. Contractor warrants that all practices and procedures, worhnanship, and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Conhactor from liability under warranties contained in or implied by this contract. 24. Attorney's Fees. In case suit or action is insti¡¡ted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal. 25. Governing Law. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any questions arising under this Agreement must be brought in the Circuit Court of Jackson County or the U. S. District Court in Medford. 26. Conflict Between Terms. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this inskument and the bid of the Contractor, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. 27. Indemnification. Conhactor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a Conhactor's work by City shall not operate as a waiver or release. Contractor agrees to indemnifu and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (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 which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. If any aspect of this indernnity 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. 28, Insurance. Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such 10 Public lmprovement Conhact 11.3.a Packet Pg. 46 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Contractor and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance: Contractor and its subcontractors shall obtain, at contractor's or subcontractor's expense, and keep in effect during the term ofthis contract, Commercial General Liability Insurance including all Liability including all major divisions of coverage, including, but not limited to, Premises/Operations, Completed Operations, Independent Contractors' Protective, Products-Completed Operations, Contractual Liability (including coverage for the Contractor's indemnity obligations and other contractual indemnity obligations assumed by the Contractor), Personal Injw¡ and Broad Form Property Damage (including coverage for Explosion, Collapse, and Underground Hazards). The following insurance will be carried: Emplover's Liability Insurance $ 2,000,000.00 Each Occurrence $2,000,000.00 Disease Each Employee $ 2,000,000.00 Disease - Policy Commercial General Liability lnsurance $ 2,000,000.00 Each Occurrence Limit $ 3,000,000.00 General Aggregate $ 3,000,000.00 Products/Completed Operations Aggregate $ 3,000,000.00 Personal and Advertising Injury $ 2,000,000.00 Limited Job Site Pollution Occurrence Sub-Limit Comprehensive Automobile Liability Insurance including coverage for all owned, hired and non-owned vehicles $ 2,000,000.00 Each Occurrence Combined Single Limit $ 3,000,000.00 Aggregate Bodily Ltjury & Property Damage or $ 2,000,000.00 Each Person Bodily Injury $ 2,000,000.00 Each Occurrence Bodily Injury $ 2,000,000.00 Each Occurrence Property Damage $ 2,000,000.00 Each Occurrence Pollution Occurrence Sub-Limit "All risk" Builder's Risk Insurance (including earthquake and flood) covering the real and personal property ofothers in the care, custody, and control ofthe contractor. Coverage shall include theft and damage to building interiors, exterior, in transit and offsite storage. The minimum amount of coverage to be carried shall be equal to the full amount of the contract. Contractor shall be financially responsible for any deductible applied to loss. This insurance shall include Owner, the contractor and its sub-conhactors as their interests may appear and may not be cancelled or terminated until such time as City's final acceptance of the project. The policy shall be endorsed to have the General Aggregate apply to this Project Only. B. Additional Insured Provision: The City, its officers, directors, and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. 1l Public lmprovement Contract 11.3.a Packet Pg. 47 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) C. Insurance Carrier Ratinq: Coverage provided by the Contractor must be underwritten by an insurance company deerned acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. D. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. Certificates of Insurance should read "Insurance certificate pertaining to contract for Central Poínt Cin Hall Reroof.Tlte City of Central Point, its ofücers, directors and employees shall be added as additional insureds with respects to this contract. Insured coverage is primary" in the description portion of certificate. E. Primary Coveraee Clarification: All parties to this contract hereby agree that the conkactor's coverage will be primary in the event of a loss. F. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included in general liability, policy. Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thidy (30) days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of Cit¡ in lieu thereof, a certificate in form satisfactory to City certifuing to the issuance of such insurance shall be forwarded to: Email : derek.zwagerman@centralpointoregon. eov Such policies or certificates must be delivered prior to commencement of the work. Thirty (30) days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder- Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 29. Method and Place of Giving Notice, Submitting Bills and Making Payments. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: City of Central Point, Attn: Derek Zwagerman, 140 S. Third St., Central Point, OR 97502. (derek.zwagerman@centralpointoregon.gov) 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 t2 Public Improvement Contract 11.3.a Packet Pg. 48 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 30. Hazardous Materials. Contractor shall supply City with a list of any and all hazardous substances used in performance of this Agreement. That list shall identifu the location of storage and use of all such hazardous substances and identiff the amounts stored and used at each location. Contractor shall provide City with material safety data sheets for all hazardous substances brought onto City propert¡ created on City property or delivered to City pursuant to this Agreernent. For the purpose of this section, "haza¡dous substance" means hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete any such survey that it may be required to complete because of substances used in the performance of this Agreement. 31. Hazardous Waste. It as a result of performance of this Agreement, Contractor generates any hazardous waste, Contractor shall be responsible for disposal of any such hazardous waste in compliance with all applicable federal and state requirements. Contractor shall provide City with documentation, including all required manifests, demonstrating proper transportation and disposal of any such hazardous wastes. Contractor shall defend, indemnif¡ and hold harmless City for any disposal or storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of hazardous materials. 32. Severabitity. tn the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 33. Complete Agreement. This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement 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 specific instances and for the specific pulpose given, There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, the City has caused this agreernent to be executed by its duly authorized undersigned officer and the Contractor has executed this agreement on the date herein above first written. l3 Public Improvement Contract 11.3.a Packet Pg. 49 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) CONTRACTOR CITY OF CENTRAL POINT +n Signature G-^ f\Oorroe_ / E*',r'^L.- PrinterÑame & Title 8-a-te Date APPROVED AS TO FORM: Printed Name & Title Signature Date l4 Public Improvement Contact 11.3.a Packet Pg. 50 Attachment: Project Limits-Project Bids-Project Contract (1025 : City Hall Roof Replacement 2018 Bid Award) 11.4.a Packet Pg. 51 Attachment: mondesir