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2013-091 Contract - C-2 Utility Contractors
Utility Re-Location Project, Peach Road C I T Y OF CONTRACTOR: C-2 Utility Contractors, LLC ASHLAND CONTACT: Jeff Tapplin 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2000 SW Bridge St. Grants Pass, OR 97526 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (0) 541-479-0750, (C)541-821-0512 DATE AGREEMENT PREPARED: 04/09/13 E-MAIL: Jeffery.tapplin@c-2utility.com BEGINNING DATE: 04/09/2013 COMPLETION DATE: 06/30/2013 COMPENSATION: $42,533.32 per proposal attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: In conjunction with Jackson County Peachy Road Project, C-2 Utility contractor will provide all work and services to install conduits in accordance with the specifications and drawings provided by Ashland Electric and AFN. Contractor will excavate and install all conduits to the designated depths, proof and install mule tape, and restore all surfaces to original condition. City of Ashland will provide all materials needed to include conduit, 45deg and 90 deg sweeps. Ashland Electric will assist in the placement of facilities at all transformer sites and will back fill all splice pit locations. Map of specs attached as Exhibit D, and Exhibit E. Special Procurement was approved b the City Council on 04/02/2013. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above, except when noted above, and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete.the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $50,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 2796.225, 2796.230, 2796.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,494 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at an time b City upon 30 days' notice in writing Contract for Re-location of Utilities Peachy Rd Project, Page 1 of 6 and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of 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. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract, or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. Contract for Re-location of Utilities Peachy Rd Project, Page 2 of 6 I C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, 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 by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Re-location of Utilities Peachy Rd Project, Page 3 of 6 BContiactor: By of As land Y Y ~s D_ Signature Department Head Print Name Print Na e P Title D . tl W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. g APP V D S FORM Date Contract for Re-location of Utilities Peachy Rd Project, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 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, (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) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (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) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. G~ zvl~ ~j,~~a 44( Contractor (Date) Contract for Re-location of Utilities Peachy Rd Project, Page 5 of 6 ricl-r,3~r C_ C-2 UTILITY CONTRACTORS, LLC 33005 ROBERTS COURT - COBURG, OR 97408 PHONE: 541-741-2211 - FAX: 541.741.2204 CCB# 154786 City of Ashland April 8, 2013 Dave Tygrson Electric Estimator Scope of Work Peachy Rd Dave C-2 Utility Contractors will provide all work and services to install conduits in accordance with the specifications and drawings provided by Ashland Electric and AFN. C-2 will excavate and install all conduits to the designated depths, proof and install mule tape, restore all surfaces to original condition. City of Ashland will provide all materials needed to include conduit, 45 deg and 90 deg sweeps. Ashland Electric will assist in the placement of facilities at all transformer sites and will back fill all splice pit locations. The cost for AFN will be 21.266.66 The cost of Ashland electric will be 21,266.66 The total cost for the City of Ashland will be 42,533.32 Should you have any questions or require additional information, please contact me at your convenience. Jeff Tapplin Area manager (541)479.0750 /%//9d/ /i~✓ 1 r 1. ( / 'N l rlr A01 v t' ;q4q o waLKEPnVS:.S+- ®oJ9 ~~/i ✓,/~j,_//i/ its 4 lli~i f f:! CD F 11i I, g~~, a) r fj 1: Q I; K 4 0 i~ ~ ~ ,A y 3 ~ A phC❑ 4, p Q/ i Id a rf _ -89 / s/ _a~ o/olr > t ~ i s _ / t_a_ min i V ~ I r, ik~ Ari U 11 1 i 1' o - ! d 1 am °e it fa3.T ! o 1N r r 1 9 3 ® - t F _ c~ sl 31 t / Y~ y, s f, R A I{{ r )J z z / ~ ,2 l ~ I am tl It Ismajit" r- '~i - EXtti t3 iT yr ~a. '<ra'i I I'~- ` pyp M ` J r } ~ d s ors ,.r,/ I + c ~ 1 NTJ a e rr ° F i a ric+c J `RI a g I rj. r I , ggg 4 4 I ~tn iP ~ ~ • ~vj 8 ";~-_"r I -ItA I Peachy Lane AFN Crossings: See notes on attached map for reference Map Note: Location #1 Pole # 515545 to Pole # E515481 110 feet of 2" conduit Map Note: Location #2 @ Paradise Lane Pole # 515475 to AFN Pedestal 300 feet 2" conduit Addition: Will need to dig additional 50 feet from power splice pit to AFN's Pedestal Map Note: Location 43 Pole # 5156450 to Pole # 515654 220 feet 2" conduit Addition: Will need to dig additional 50 feet from power splice pit to AFN's Pedestal Map Note: Location #4 Pole # 515645 to Pole # 5156481 140 feet 2" conduit Addition: Need two sweep up's (to above grade) to two locations for AFN pedestals. Will go across street to AFN pedestal than to a second AFN pedestal ACOKOe DATE IMM/DDnrvY) I CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 04/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINGINSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis of Pennsylvania, Inc. PHONE - .FA% c/o 26 Century Blvd. 877-945-7378 888-467-2378 P. o. Box 305191 E-MAIL certificates@willie.com AnnRFq.q Nashville, TN 37230-5191 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA: Liberty Mutual Fire Insurance Company 23035-001 INSURED C-2 Utility Contractors, LLC INSURER B: Liberty Insurance Corporation 42404-001 33005 Roberta Court INSURERC: Coburg, OR 97408 INSURER D: NSURER E: NSURER F: COVERAGES CERTIFICATE NUMBER: 19745826 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS - CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE kDD'L ee SUB POLICYNUMBER POLICY EFF POLICY E%P LIMITS A GENERAL LIABILITY y TB2631004260012 /31/2012 7/31/2013 EACHOCCURRENCE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Esvranrs $ 1 000 000 CLAIMS-MADE OCCUR MEDE%P(An oaeoemon) $ PERSONAL B ADV INJURY S 5 000 000 GENERALAGGREGATE $ 51000,000 GEN' L AGGREGATE LIM IT APPLIES PER: PRODUCTS-COMPIOPAGG $ 5,000,000 POLICY FXI PRO LOC $ IFr.T A AUTOMOBILE LIABILITY AS2631004260022 /31/2012 7/31/2013 coMBweoslNG!ELIMIr 5,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED AUTOS BODILY INJURY(Peraxitlani $ X HIREDAUTOS X AUTOS NON-OWNED PR A AGE S AUTOS (Peracoiden0 S UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED RETENTIONS $ g WORKERS COMPENSATION WA763DO04260032 /31/2012 7/31/2013 X W A.' H- AND EMPLOYERS' LIABILITY B ANY PROPRIETORIPARTNEWEXECUTIVE Y FN] IN NIA WC7631004260042 /31/2012 7/31/2013 E.L.EACM ACCIDENT S 1,000,000 OFFICERIMEMBER EXCWDED4 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 Re, dDryin NH) ESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach Acortl 101, AEditonal Remarks Schedule, if mom space is required) Workers' Compensation in State of Washington is Self Insured. The City of Ashland and its elected officals, officers a employees are included as Additional Insureds as respects to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATNE City of Ashland 20 East Main Street Ashland, OR 97520 Coll:4069677 Tpl:1486747 Cert:19745826 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Policy Number: TB2631004260012 & AS2631004260022 = Endorsement Number: LA 99 224 09 10 Issued by: Liberty Mutual Fire Insurance Company Liberty nIutual Fire Insurance Companv Endorsement Effective Date: 7/31/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the. following:. BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART - - EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART. EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) / Email Address or mailing address: Number Days Notice: Organization(s); City of Ashland 20 East Main StreetoAshland, OR 97520 30 All other terms and conditions of this policy remain unchanged. LA 99 224 09 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. In no event does the notice to the third party exceed . the notice to the first named insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. . Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) I Email Address or mailing address: Number Days Notice: Organization(s): City of Ashland 20 East Main StreetOAshland, OR 30 97520 WA7-63D-004260-032 (AOS) WC7-631-004260-042 (OR & WI) Effective: 7/31/2012 Expiration: 7/31/2013 All other terms and conditions of this policy remain unchanged. WM 90 18 09 10 2010 Liberty Mutual Group of Companies Page I of I Ed. 09/01/2010 All Rights Reserved CITY. OF ASHLAND Council Communication April 2, 2013, City Council Meeting Special Procurement for the Peachy Road Project FROM: Mark Holden, Director of Electric Utility, Telecom and IT, holdenm@ashland.or.us SUMMARY This "contract-specific special procurement" will allow the electric department and AFN to procure a contract with C-2 Utility contractors for the Peachy Road Project as required from Jackson County. BACKGROUND AND POLICY IMPLICATIONS: Electric/AFN has existing infrastructure located on Peachy Road from Walker Ave to Hillview Drive. This infrastructure is in conflict with Jackson County's refurbishing project located on the Preachy Road. The Electric Department/AFN will relocate their infrastructure in accordance with all utilities involved (City of Ashland's Electric Department, AFN, Charter Communications and Century Link) as required by Jackson County. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation io Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs: 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. We believe by combining resources with (4) four separate utilities, (City of Ashland's Electric Department, AFN, Charter Communications and Century Link) and utilizing one contractor to manage the project and supply all excavation and installation of the needed infrastructure for the required relocation, would be in the best interest of all parties. Each utility mentioned above would be equally financially responsible for 25% of the total costs. This would result in a much safer, efficient procedure, causing less impact to local residents and keeping traffic flow in the area less interrupted. FISCAL IMPLICATIONS: This project is estimated at approximately $50,000. (Electric- $25,000 and AFN - $25,000) The existing funds are available in the current 2012-2013 budget. PflMe 1 of2 CITY OF -ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the `contract-specific special procurement' 'be approved. SUGGESTED MOTION: The Council, acting as the local contract review board, moves to approve the contract-specific special procurement for the Peachy Road Project as required by Jackson County. ATTACHMENTS: Form 9 OBEC Letter Drawing Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mark Holden, Electric Department Date: March 27, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: "ELECTRIC DEPARTMENT/ ASIALAND FIBER NETWORK (AFN)_ 2. Department Contact Name: Electric -Dave Tygerson. AFN- Mike Ainsworth 3. Type of Request: Class Special Procurement XX Contract-specific Special Procurement 4. Time Period Requested: From 04/02/2013 To: J06/30/2013 5. Total Estimated Cost: Not to exceed $50.000 (Electric -$25.000 / AFN-$25.000) 6. Short title of the Procurement: PEACHY ROAD PROJECT Supplies and/or Services or class of Supplies and/or Services to be acquired: Relocate utility facilities for Electric/AFN located on Peachy Road from Walker Ave. to Hillview Dr as required by Jackson County, represented by OBEC Consulting Engineering, per the attached letter dated 11/02/12 from OBEC consulting Engineers. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or-forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Electric/AFN has existing infrastructure located on Peachy Road from Walker Ave to Hillview Drive. This infrastructure is in conflict with Jackson County's refurbished project located on Peachy Road. The Electric Department/AFN will be required to relocate infrastructure in accordance with all utilities involved (City of Ashland's Electric Department, AFN Charter Communications and Century Link) in this project and to meet the requirements to maintain proper depth and separation of each utility compliant per their request. Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 3127/2013 Proposed procedure: Direct award to C-2 Utility contractors who are under an existing contract with Century Link and Charter Communications. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Due to the extent of this project and impact to several utilities the Electric Department and AFN feel it would'be in the city's best interest to combine all utilities into (1) one joint trench. This would result in a much safer, efficient procedure causing less impact to local residents and keeping traffic flow in the area less interru ted. 9. Findings to Satisfy the Required Standards: This proposed special procurement: _XX_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: due to a joint project with multiple utilities and Century Links and Charter Communication's existing contract with C-2 Utility contractors (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and _XX (b)(i) will result in substantial cost savings to the contracting agency or to the public because: we believe by combining resources with (4) four separate utilities (City of Ashland's Electric Department AFN Charter Communications and Century Link) and utilizing one contractor to manage the project and supply all excavation and installation of needed infrastructure for the required relocation would be in the best interest of all paaarties Each utility mentioned above would be equally financial) responsible for 25% of the total costs. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or _XX_ (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 27913.065, or 27913.070, or any rules adopted thereunder because: Due to the extent of this project and impact to several utilities the Electric Department/AFN feel it would be in the Ct's best interest to combine all utilities into (1) one joint trench. This would result in a much safer, efficient procedure causing less impact to local residents and keeping traffic flow in the area less interru ted. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 3127/2013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - 04/03/13 PUBLIC NOTICE Approval of a Special Procurement First date of publication: 04/03/13 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on 04/02/13. This is a contract specific special procurement to relocate Utility facilities for Electric/AFN for the Peachy Road Project located from Walker Ave to Hillview Drive as required by Jackson County. This is a joint project between four (4) utilities, City of Ashland's Electric Department, AFN, Charter Communications and Century Link. The work is to be completed by May 17, 2013. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: Dave Tygerson, City of Ashland, Electric Department and Michael Ainsworth, AFN located at 90 N. Mountain Ave, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on 04/10/13. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 3/27/2013 BridgelStructures • Roadway/Civit • Heavy Civilllndustria/Facilities Envirenmental,"Permitting r Survey/Geomatics Construction Engineeringilnspection a CONSUllIN6 . e fU601[fls November 2, 2012 Dave Tygerson Ashland Electric.& Cable TV 90 North Mountain Avenue Ashland, OR 97520 Project Name: Peachey Road: Walker Avenue to Hillview Drive County:, Jackson County Key No: 15702 . OBEC Job No: 0019-0100.06 Dear Me. Tygerson: Subject: Notice of Utility Conflicts OBEC Consulting Engineers (OBEC) has been retained by the Oregon Department of Transportation (ODOT) to provide design engineering services for the subject project located on Peachey Road In. Jackson County. The subject project bid opening is scheduled for May 23, 20.13. Facilities owned by your company conflict with the construction of the project and should be relocated or adjusted. before construction begins. Please refer to. the enclosed preliminary plan sheets that note and highlight the conflicting facilities. Facilities noted as "Potential Conflicts" are assumed to be in conflict and are required to be relocated within the 'schedule listed below until further investigation by your company can positively rule out the conflict. We ask for your cooperation to further investigate any "Potential Conflicts" by having your company pothole any buried facilities to determine the exact depth and horizontal location as soon as possible. The project schedule indicates-that all utility facilities shall be relocated in the field complete not later than May A 2013. Ashland Electric & Cable TV facilities are located on public right-of-way, and are not eligible for reimbursement under state policies and procedures, and the provisions of 23 CFR 645A (Code of Federal Regulations). A copy of 23 CFR 645A, along with copies of State rules and regulations pertaining to utility relocations and reimbursement, is located on the ODOT Railroad and Utility website at http://www.or6gon.gov/ODOT/HWY/ROW/utility_resourco.sh"l, If any impacted facilities are located on private property, please forward associated easement documentation to the Utility Coordinator for review. Providing easement documentation early is necessary to streamline any appropriate reimbursements. EUGENE-Corporate Otfide PORTLAND AREA SALEM, MEDFORD 541.683.6090 503.520.6103 503.589.4180 541.774.5590. Fes 541.683.6576 Fax 503.620.8416 Fax 503.589.4141 Fax 541.774.5591 920 country Club Road, Suite 1008 5000 Meadows Road, Suite 420 3990 Fairview Industrial Drive SE, Suite 200 831 O'Hare Parkway Eugene, Oregon 97401-6089 Lake Oswego, Oregon 97035-2224 Salem, Oregon 97302-1166 Medford, Oregon 97504-4005 www-obec.com 111f1Rs Dave TYgerson Ashland Electric & Cable TV CONSO ~ f ► M111115 . Key No: 15702 Notice of Utility Conflicts November 2, 2012 Page 2 Description of Conflicts This project is located in Ashland, Oregon, and the scope is to refurbish Peachey. Road from Walker Avenue to Hillview Drive. A new 12-inch storm line with manholes and inlets will be installed under Peachey Road. The elevations for the storm drain system vary from the existing ground elevations, especially between Stations 2+50 to 5+00. Reference the enclosed drawings (Figures 5 and 6) for additional information on the new storm elevations. Also, in the attached drawings is Figure 7 (drainage and utility plan) that has. been marked up with potential utility conflicts between the new storm drain system, retaining wall, and road widening with the existing utilities. In addition to the new storm system, the subgrade will be replaced throughout the project limits and could conflict with the existing utilities. Concrete curbs will. be added to the edge of the roadway along with a new sidewalk on the south side of Peachey Road. Between Stations 4+49 and 6+20 a retaining wall will be installed on the south side of the street by the new sidewalk. Please reference enclosed Figure 2, Figure 5, and Figure 6 to determine additional utility conflicts with proposed elevation changes and the road installation. There are underground and aerial utilities located within the project vicinity that appear to be in conflict with the construction requirements of the project and, therefore, may need to be adjusted or relocated. If you deem it to be helpful, representatives from OBEC and Ashland Electric & Cable TV could meet on-site with you or someone from your company. Please let me know if you would like to meet to discuss the project. Lcan be reached by phone at 503.620.6103 or by direct line at 971434.2016. Relocation Plan Depth Data and Construction Timing Schedule-Submit Submit preliminary drawings, of Ashland Electric S& Cable TV's utility relocation work on copies of the project plan sheets to Brad Krumel, utility coordinator, at OBEC Consulting Engineers, 5000 Meadows Road, Suite 420Jake Oswego, Oregon 97035,, by December 15, 2012. In addition, please include a schedule for starting and completing Charter utility relocations. Your relocation. schedule should identify a critical relocation completion' date of May'23, 2013, to accommodate the project schedule and public traffic needs. If you are aware of any utilities not shown on these plans„please sketch them in and return to me or send me copies of~your own facility maps. If you determine that your utility is not in conflict with the proposed construction, please inform me by letter or email at bkrumgl@obeccom. Your prompt attention is necessary to avoid costs associated with delaying construction of this ODOT project. In accordance with Oregon Administrative Rules, Chapter 734, Division 55, all delay costs and/or claims for extra compensation inflicted upon ODOT from a utility's lack of response shall be paid by the responsible utility. In the past, these costs have been financially substantial in size. Final relocation plans and, schedule shall be submitted not later than Dave Tygerson, Ashland Electric & Cable TV tUUtUlnUG Key No: 15702 fMGIMFF9S Notice of Utility Conflicts November 2, 2012 Page 3 January 25, 2013, or the utility shall be considered non-responsive in accordance with Oregon Administrative Rules, Chapter 734, Division 55, Section 045. Ashland Electric & Cable TV is strongly encouraged to be proactive in providing schedules, sketches, depth data, and information associated with their utilities and relocation work to the Utility Coordinator to best ensure that utilities are protected and relocation work is completed successfully for all parties involved. Submitting schedules, relocation sketches, and information is critical to this project with multiple utilities and potentially multiple utility relocations. Failure to provide,necessary utility information makes it unfeasible to coordinate all necessary utility relocations between utilities and with project activities, and will result in additional costs. ODOT Permits An ODOT permit is required for any alteration made to the location of a utility facility on state right-of-way, including raising wire heights or changing the depth of buried facilities. The permit should include detailed relocation plans and be routed to the Utility/Specifications Engineer for processing. Contact Nancy Coates with Jackson County at 200 Antelope Road, White City, OR 97503, Telephone No. 541.774.8184 with questions about any required permits for the work. Please include the project key number identified above on all permit applications.. For your information, all other required permits with all other regulatory agencies should be secured prior to making application to ODOT. Sincerely, C*d/ 2'1 Brad Krume Utility Coordinator BK:msm Enclosures: Preliminary marked up plans cc: James Philp, Jackson County* Kell! Sparkman, ODOT* Heather Howe, ODOT* Jeff Bernardo, OBEC*' Corporate File * w/o enclosure ("IT Y RECD DIER Page 1 CITY OF _ ASHLAND DATE PO NUMBER 20 E MAIN ST. 4/30/2013 11568 ASHLAND, OR 97520 (541) 488-5300 , VENDOR: 009435 SHIP To: Ashland Electric Department C-2 UTILITY CONTRACTORS, LLC (541) 488-5354 33005 ROBERTS COURT 90 N MOUNTAIN COBURG, OR 97408 ASHLAND, OR 97520 FOB Point: Req. No.: - Terms: Net 20 days Dept.: Req..Del. Date: Contact: Dave Tyqerson Special Inst: Confirming? No Description Unit Price ,Ext.price'. - Quantity Unit Jackson County Peachy Road Protect 42,533.32 Excavation and installation of primary and secondary conduit as per attached contract and plans. Note: Invoice to be split 50/50 between Electric and AFN. -SUBTOTAL 42 533.32 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 rorAL 42,533.32 ASHLAND, OR 97520 'Account Number Project Number Amount Account Number Project Number -Amount E 690.11.18.00.70410 E 000326.999 21 266.66 E 691.02.47.00.70410 E 000268.120 21,266.66 ~ Y..1a l3 VENDOR Auth ized signature COPY FORM, #3 CITY OF ASHLAND REQUISITION Date of request: -S- /3 Required date for delivery: Y C'D/ClT13f~CTO~1S L C Vendor Name r- 2 UT/L 17 Address, City, State, Zip 2 Qr' n :--5 tn/ PRIDGE 572SEE7- Contact Name & Telephone Number r' Aq/(715 PA5U Dl, CI' 752- A Fax Number TEFFERY T/1 4211H O-,5ql-479-0750 0 5W SZ/•os/2 SOURCING METHOD Fi4X . 5~// 4r7q,495Z l _M/FlL - e rnrC L 2 d/ty ❑ Exempt from Competitive Bidding ❑ EE rgencv - GO ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ Slate of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerballWritten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement El Sole Source Otherr government GOODS & SERVICES El Applicable.Form (#5,6, 7 or 8) ❑ Otheagency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement $5.000 to $75,000 ~~prm#g, Request for App vat ❑ Agency ❑ Less than $35,000, by direct appointment Written quote or proposal a Date original contract approved by Council: ❑ (3) Written proposals attached Date approved by Council: G/!/J (Dale) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost 'Ero Cn 19-770'V /A/Sr/4 ((1fT/OA( 0,- 12Ar)7,1 R~Y - .SEeo ar y - _ : - . eon/duit es p,,4 s7rt✓lestEO iELE-C- 2rCaL /sftit/ P~r~n~s 3Z /}LL 6u0AK 7-0 BE PERFO2nrec/ Td COrw^ ' wifh 1~~9D~ 412-15,33. eaUf1 ~ y RejgD SaFe7F/CqTyDA0 ~02~c PSQUrren'rents $ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost I -A /&cr/Z/G DEPT 2 6 6.66 N. Aff17 21,21,6 .G6 /VOTE: /A/r/O/CE TO SPL/T 60/.50 YO BE'GOLc/ TOTAL COST . $ ❑ Per attached quotelproposal g0e0UA17- nlo~ 6/eC.1AFA11 Project Number 006Z26 999 Account Number6YL-02-1/7-OD-7oY/00 `72/53332 .4Fn/: p/gTa~7-- xUO?K Coo 269 /20 Account Number ~9Q-l1-IB-00-704/00 Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee Signature: T )-I I n 11.r'Q 0( .I~tOILQ (Sl l . Department Head Signatur, ( uaq oor,greater than $5,000) City Administrator: CX 2 ICr-.,-- '1 (Equal to or gre ert n$25,000), Funds appropriated for current fiscal year. V / NO ate Finance Director- (Equal to05,000) Date Comments: Form #3 - Requisition