HomeMy WebLinkAbout2014-259 Contract - Copeland Construction
Contract for Prima Cable Upgrade
CITY OF CONTRACTOR: Copeland Construction, LLC
-AS H LAN b CONTACT: Jim Copeland
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 321 Pruett Road, Eagle Point, OR 97524
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541-826-2314
DATE AGREEMENT PREPARED: August 15, 2014 FAX: 541-826-1014
BEGINNING DATE: September 15, 2014 COMPLETION DATE: November 21, 2014
COMPENSATION: $65,718.00 per proposal attached as Exhibit C.
GOODS AND SERVICES TO BE PROVIDED: Primary Cable Upgrade - Underground primary infrastructure
to be upgraded per electrical plan layout attached as Exhibit D and City of Ashland electric service
requirements, complete restoration of all public and private properties affected during the project. All material,
labor, equipment and required traffic and pedestrian control will be the responsibility of the Contractor. The
City's Electric Department will be responsible for all permits. Project is subject to BOLI=Prevailing Wages.
ADDITIONAL TERMS:
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 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 amount listed above,
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 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are
made pan` of this contract.
7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract
is $20,142.20 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 any time by City upon 30 days' notice in writing
and delivered b certified mail or in person.
Contract for Primary Cable Upgrade, Page 1 of 5
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 bjr 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, $2,000,00 0 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.
C. Automobile Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one:
Contract for Primary Cable Upgrade, Page 2 of 5
$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 chance. 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. Nona ppropriations 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.
Contractor: C! of Ashland
By
Signature Department Head
Print Name Print Name
tin he k-
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
PROVED S T F RM
Ashland ,rsst. C! , Attorney
Contract for Primary Cable Upgrade, Page 3 of 5 Ca D v
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.
f (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.
I b,
Contractor (Date)
Contract for Primary Cable Upgrade, Page 4 of 5
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ashland
LIVING
WAGE
per hour effective June 30, 2014
(Increases annually every June 30 by the
Mal Consumer Price Index)
portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
➢ For all hours worked under a business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $20,142.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve-
Ashland including the Parks month period. For more
➢ For all hours worked in a and Recreation Department. details on applicability of this
month if the employee spends policy, please see Ashland
empor loyee's more of time in the that month ➢ In calculating the living wage, Municipal Code Section
emp employers may add the value 3.12.020.
working on a project or of health care, retirement,
for additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
-ASHLAND
Contract for Primary Cable Upgrade, Page 5 of 5
CCB 16940
321 rueff Rd-
Ea 1e Mat, OR 92524
Office 541-826.-231
Facet 541-0'26-1014
Email:
Project. Prima-fy Cable Upgrade -A-200® Business .FDR
To; City 0f Ashland
Attn: David Tygerson
The Price includes the -following:
*Equipment, Materials, and Labor
Underground primmy infras-aucture as per electeieal
Lay€ ut plan and C/A Electric sea vic° requiremici ts.
Co mplew restoration of all public and private Properties.
.Required Traffic, and Pedestrian Safety Control.
The Price does no-it lh dude tine following;
*Scace and City permits.
Bid 'total= ,,6 ,7l 8.00
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ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MmiDD/YYYY)
09/10/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol' Iss) must be endorsed. 1 SUBROGATION I AI , subject to
the terns 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 NAGORTAIGIF
IIE: Jessica Embree
Zarosinski-Leavitt Insurance Agency of Oregon PHONE (503)639-4220 ,Ne (503)639-4449
Leavitt Group of Portland ADDRESS: Jessica-embree@leavitt.com
8285 SW Nimbus Ave, Suite 1ZO INSURMS)AFFORDING COVEItAW NAIC0
Beaverton, OR 97008 INSURERA: American Hallmark Ins. Co. of Texas
INSURED Copeland Construction LLC INSURERS: SAIF Corporation
321 Pruett Rd. NSURERC:
Eagle Point, OR 97SZ4 INSUPtER0:
NSURERE:
INSURER F :
COVERAGES CERTIFICATE NUMBER: 14/15 GL/AL REVISION NUMBER:
THIS IS TO CERTIFY E POLICIES OF INSURANCE TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB 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.
INGR .TR TYPE OF INSURANCE N W Vp POLICY NUMBER LMITB
I
GENERAL LIABILITY 44CL464731-04 0810312014 0810312015 EACH ocaffaN E $ 1.000,
X COMMERCIAL GENERAL LIABILITY PREMISES Ee ooameme S 100,
CLAIW MM1E Fi] OCCUR MED EXP (Any one peter) $ 510001
A PERSONAL 6 ADV INJURY i 1, 000,
GENERAL AGGREGATE S 2,000,
GEN'L AGGREGATE LIMIT APPLIES PER., PRODUCTS - COMPIOP AGO S Z 10-
I 0 POLICY WT F1 LOC S LIMIT AUTOMOBILE LIABILITY 44CL464731- 0610312014 08/0312015 Es accdent ; 1100010
X ANY AUTO BODILY INJURY (Par Person) S
A AL OWNED "EDULED BODILY INJURY (Per wddwd) S
AUTOS AUTOS PROPERTY DAWRX
HIRED AUTOS ~U fNOg Per accident $
3
X IaIBREU A LIAB HOCCUR 44CU47641S-0 08/03/2014 08/03/2015 EACH OCCURRENCE $ 1,000,0
A EXCESS LIAR CLASS-MADE AGGREGATE $ 1, 000 ,
S
DED RETENTION $
WORIMRSCOMPl11lATION 98083 0110112014 01101/2015 X
AND E IPLOYEW LIABILITY TORY LIMBS ER
E.L. EACH ACCIDENT $ 500,
ANY PROPRIETOWPARTNERIEXE YIN
B OFFICERU MBER EXCLUDED? NIA
(Mandahwy in NH) E.L. DISEASE - EA EMPLOYE S 500 00
If yyeass ribe tinder I NO
E .L. DISEASE - POLICY LIMITT S SOO ,
DESC~desc2IPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACO W 101, AdatlonW Ron aft Sehsdule, N more sp- M required)
City of Ashland, Oregon and its elected officials, officers and employees are named as
additional insured in regards to the general liability coverage per written contract or agreement
per form MP9767 attached. Coverage is primary and non contributory.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WIN THE POLICY PROVISIONS.
City of Ashland AUn D REPRESEIITATIVE r-{IOM y~~
20 E Main St (J V~+~
As land, OR 97520 Jessica Emrbree Exec 3DE
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
(5) Vandalism and malicious mischief; or
(6) Theft.
c. The following is added to A2. Property Not Covered of the BUILDING AND PERSONAL PROPERTY
COVERAGE FORM:
r. Property while stored or operated underground in connection with any mining operations.
d. The following Is added to Paragraph 2. of B. Exclusions of the CAUSES OF LOSS - SPECIAL FORM:
n. We will not pay for loss or damage caused by puncture, blowout and road damage to tires and tubes mounted
on vehicles. However, we do pay for puncture, blowout or road damage caused by a specified peril.
o. We will not pay for loss caused by humidity, dampness, dryness or changes in or extremes of temperature.
p. We will not pay for loss caused by the weight of a load which, under the operating conditions at the time of a
loss, exceeds the registered lifting capacity of any equipment or machine.
q. We will not pay for loss due to theft or mysterious disappearance from any vehicle or attached container. We
will pay for loss due to burglary when there are signs of forcible entry to a locked vehicle or container.
e. E.7. Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the
following:
7. Valuation
We will determine the value of covered property in the event of loss or damage as follows:
a. At actual cash value at the time of the loss (with a deduction for depreciation) except as provided in
Paragraphs b. and c. following,
b. Pair or Set. The value of a lost or damaged article which is part of a pair or set is based on a reasonable
proportion of the value of the entire pair or set. The loss is not considered a total loss of the pair or set.
c. Loss to Parts. The value of a lost or damaged part of an item that consists of several parts when it is
complete is based on the value of only the lost or damaged part or the cost to repair or replace it.
2. Rental Reimbursement
In the event of loss by a covered peril to covered contractors' equipment that you own, we will reimburse you for your
expense to rent similar equipment while your equipment is inoperable. The most we will reimburse you for rental
reimbursement expenses is $1,000. We will continue to reimburse you for the rental of equipment after the expiration
date of this coverage provided the loss occurred before the expiration date.
We will not reimburse you:
a. If you can continue or resume your operations with similar equipment that is available to you at no additional
expense to you; or
b. For the rental expense of any equipment unless you make every reasonable effort to repair, replace or rebuild the
inoperable equipment after the covered loss occurs.
3. With respect to this Additional Coverage, Contractors Equipment Coverage, Section D. Deductible of the BUILDING
AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following:
D. Deductible
We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds $500. We will
then pay the amount of loss or damage in excess of $500 up to the applicable limit of insurance.
We will not reimburse you for the rental of equipment until after 72 hours have passed since the covered property
was rendered inoperable. After 72 hours have passed, we will only reimburse you for the rental expense that you
actually incur.
The deductible of $500 does not apply to rental reimbursement expenses.
General Liability Additional Coverages
The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM.
A. Blanket Additional Insured Coverage
1. SECTION Il -WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to
include as an insured any person or organization (referred to as Additional Insured) whom you are required to add as an
Additional Insured on this policy under
a. A written contract or agreement; and
b. Where a certificate of insurance showing that person or organization as an additional insured has been issued; and
Page 20 of 25 Indudes copyrighted material of Insurance Services Office, Inc. and MP 97 67 10 10
American Association of Insurance Services, Inc., with their permission
c. When the written contract or agreement and certificate of insurance are currently in effect or becoming in effect
during the term of the policy and executed prior to the "bodily injury," "property damage," or "personal and
advertising injury."
2. The insurance provided to the Additional Insured is limited as follows:
a. The Additional Insured is only an additional insured for.
(1) 'bodily injury," 'property damage," or "personal and advertising injury" caused in whole or in part by negligent
acts or omissions of the Named Insured or anyone directly or indirectly employed by the Named Insured or for
whose arts a Named Insured may be liable.
(2) Liability arising out of your ongoing operations for the Additional Insured by or for you. A person's or
organization's status as an insured under this coverage ends when your operations for that insured are
completed.
b. The Limits of Insurance applicable to the Additional Insured are those specified in the written contract or agreement
but not more than the Limits of Insurance specified in the Declarations for this policy. The Limits of Insurance
applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the
Declarations for the Named Insured.
3. In addition to the other exclusions applicable to Section I, Coverages A., B. and C. of the COMMERCIAL GENERAL
LIABILITY COVERAGE FORM, the insurance provided to the Additional Insured does not apply to:
a. "Property damage" to:
(1) Property owned, used, occupied by, loaned or rented to the Additional Insured;
(2) Property in the care, custody or control of the Additional insured or over which the Additional Insured are for any
purpose exercising physical control; or
(3) "Your work" performed for the Additional Insured.
b. "Bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's or
surveyor's rendering or failure to render any professional services for you, for the Additional Insured or for others,
including, but not limited to:
(1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change
orders, designs or specifications; or
(2) Supervisory, inspection or engineering services.
c. "Bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other
than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the
covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any
person or organization other than another contractor or subcontractor engaged in performing operations for a
principal as a part of the same project.
4. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is amended to
add the following subparagraph:
d. Additional Insured's Other Insurance As Excess Insurance
To the extent required by an "insured contract," this insurance is primary on behalf of the Additional Insured; and any
other Insurance maintained by the Additional Insured is excess and not contributory with this insurance. If the
"insured contract" does not require this provision, then Paragraph a. above will apply.
B. Mobile Equipment Broadened Coverage
V.121(1) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following:
(1) Equipment designed primarily for:
(a) Snow Removal;
(b) Road maintenance, but not construction or resurfacing; or
(c) Street cleaning.
Except the above provisions do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight which
are not Intended for use on a highway.
C. Aggregate Limit Per Project
The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you.
MP 97 67 10 10 Includes copyrighted material of insurance Services Office, Inc. and Page 21 of 25
American Association of Insurance Services, Inc., with their permission
D. Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us
The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS) is amended by the addition of the folkrMrtg:
We waive any right of recovery we may have against any person or organization to whom you by written contract or written
agreement have waived your own right or recovery for loss caused by that person or organization because of payments we
make for injury or damage arising out of your ongoing operations or "your work' done under a written contract or written
agreement with that person or organization and included in the "products-completed operations hazard."
This provision does not apply unless the written contract or written agreement has been executed prior to the "occurrence* or
offense giving rise to the "bodily Injury" or "property damage."
E. Voluntary Property Damage Coverage
1. We will, at your request, pay but not defend any claim for "property damage" to the property of others otherwise excluded
under A.2 j.(4), (5) and (6) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM provided that
a. Such "property damage" takes place while such property is in your care, custody or control, or is property of others
over which you, for any purpose, are exercising or have exercised physical control; and
b. Such "property damage" takes place away from any premises you own, rent or lease; and
c. Such "property damage" takes place within the "coverage territory" and during the policy term; and
d. Such "property damage" takes place only during your operations that are known to us, are scheduled on the policy
and for which a premium has been charged.
2. The Insurance under this additional coverage does not apply to "property damage" to property
a. Held by you for servicing, repair, storage or sale at premises owned by, rented or leased to you;
b. While being transported by or caused by the ownership, maintenance, operation, use, "loading or unloading" of any
"auto," watercraft or aircraft; or
c. Owned or occupied by or rented to you.
3. Deductible
This additional coverage will apply only to that amount of any loss in each "occurrence" that exceeds $500.
The terms of the policy with respect to your duties in the event of "occurrence," claim or "suit" and the Company's right to
investigate, negotiate and settle any claim or 'suit" apply irrespective of the application of the deductible amount of $500.
We may pay any part or all of the deductible amount of $500 to effect settlement of any claim or "suit." Upon notification
of the action taken, you must promptly reimburse us for such part of the deducible amount as has been paid by us.
4. Limits of Liability
The Limit of Liability for this additional coverage shall not exceed $2,500 for each "occurrence" and Is the limit of the
Company's liability for all damages on account of each claim or "suit" covered herein. The annual aggregate Limit of
Liability is $2,500 and is, subject to the above provisions respecting each claim, the total limit of the Company's liability
for all damages.
5. Settlement
In the event of loss covered by this additional coverage, you shall, if requested by us, replace the property or fumish the
labor and materials necessary for repairs thereto at actual cost to you, excluding prospective profit or overhead charges
of any nature. Any property so paid for or replaced shall, at our option, become the property of the Company. Payment
hereunder shall not constitute an admission of liability of you or, except as stated herein, of the Company.
Additional Conditions
A Insurance Under Two Or More Coverages
The following is added to Paragraph C. Insurance under Two or More Coverages of the COMMERCIAL. PROPERTY
CONDITIONS:
If a Coverage Form is attached to this policy that provides a limit for any coverage provided by this endorsement; the limit
shown in the SCHEDULE and the coverage provided by this endorsement are deleted and replaced by the limit and
coverage provided by the Coverage Form.
B. Limits Of Insurance
Regardless of the number of buildings at a location covered by this endorsement, the most we will pay under this Coverage
Enhancement endorsement in any one occurrence is the applicable Limits of Insurance shown in the SCHEDULE on page 1
of this endorsement.
Page 22 of 25 Includes copyrighted material of Insurance Services Office, Inc. and MP 97 6710 10
American Association of Insurance Services, Inc., with their permission
t Page 1 / 1
CITY OF
ASHLAND DATE FPO NUMBER
AL
20 E MAIN ST. 9/15/2014 12492
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 012365 SHIP TO: Ashland Electric Department
COPELAND CONSTRUCTION (541) 488-5354
321 PRUETT ROAD 90 N MOUNTAIN
EAGLE POINT, OR 97524 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Dave TvgerSOn
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
Primary Cable Upqrade 65,718.00
Electrical - $46,002.60
AFN - $19,715.40
Contract for Primary Cable Upqrade
Beginning date: September 15, 2014
Completion date: November 21, 2014
SUBTOTAL 65 718.00
BILL To: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL F:65,718.00
ASHLAND, OR 97520
Account Number Project Number' "Amount Account Number` Project Number Amount
E 690.11.18.00.70410 E 000370.999 46 002.60
E 710.02.05.00.60320 E 000420.999 19 715.40
Aut rized Signature VENDOR COPY
FOB #3 CI'T'Y OF
ASHLAND
REQUISITION Date of request: S-1(-
Required date for delivery:
Vendor Name MF5L4ffD cnAL/2 nf-(('7lmr LL 14
Address, City, State, Zip 22-1 PRrlE RD E,qcv~ Q_97S2,q
Contact Name c~Telephone Number
Fax Number Cr-iP LQ1VD Sy!-826 - Z314 FM: 5V1-8Z4(1-1014
COQ/G!/2afCQtY I/e e-0rfh11A1L,N2T
SOURCING METHOD C' L Z4 /-?10
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award.--------- ate approved by Council: Contract#
❑-Ver6al/Written quote(s) or proposals) , _ 171 State of Washington
/Intermediate Procurement C ❑ Sole Source Contract#
GOODS & SERVICES` czc f~ o,? ❑ Applicable Form (#5,6, 7 or 8) E] Other government agency contract
$5 0 o $100,000 d- eQ.Wri n quote or proposal attached Contract#
c (3) Written quotes and solicitation attached ❑ #4, Personal Services $5K to $75K
-1 Special Procurement Intergovernmental Agreement
PERSONAL-SERVICES -I-
$5,000 to $75,000 ❑ Form #9,' Request for Approval ❑ Agency
❑ Less than'$35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
(Date)
❑ (3) Written proposals/written solicitation Date approved by Council:
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
ci~Q F /it/ 1W & 5 71 P - -
Item 4 Q lalantuty Unit Description of MATERIALS Unit Price Total Cost
ELE 7-,q / C DYE AF,
TO'TAL COST
EY-Per attached quotelproposai $
-9 -1 L -1 !1 70~! COQ ~p 7l8
C~ecl ecL 6 ect~CsccD~Q37 0- - Account Number
ke-C-0 tnt [ umber 7/0 -D2-4 12 2-6Q32QD f ccottttt E
PRUECT NV'`` 000 A0j#.999
`Expenditure must be charged to the appropriate. account numbers for the financials to accurately reflect the actual expenditures.
ITBiFactor Data Support-yesfltco
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied.
Employee; Department Head: Avod-
UU C ~a
(Equal to ea er an $5,000)
Department M..anager/Supervisor: City Administrator:
eL (Equal to orgreater than $25,000)
Finance Erector- (Equal t• •r ~r ter than 55, 000) Date
Comments: