HomeMy WebLinkAbout2016-174 Contract - JM Construction Inc
Contract for GOODS AND SERVICES UG Prima Infrastructure Upgrade
CITY OF CONTRACTOR: JM Construction Inc.
-AS H LAND CONTACT: Jason Myers
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 1637, Shady Cove, OR 97539
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541 878-7810
DATE AGREEMENT PREPARED: 06/20/16 FAX: 541 878-7811, jmconstructioninc@earthlink.net
BEGINNING DATE: 07/01/16 COMPLETION DATE: 09/16/16
COMPENSATION: $16,005.00 per Original Option on Exhibit C
GOODS AND SERVICES TO BE PROVIDED: Underground Primary Upgrade on Hargadine St. and 35 S.
Second St (rear alley), Ashland, OR. City of Ashland Electrical Service Requirement specifications. Install
underground primary/communication, control vehicle traffic and pedestrian, temporary fencing and include all
necessary materials. (per Exhibit C & D)
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said rims City of Ashland Contract.
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 $25,000.00, 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 27913.220, 27913.225, 27913.230, 27913.235, 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 $20,283.20 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 an time b mutual consent of both parties.
Contract for Goods and Services Less than $25,000, Page 1 of 5
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
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
for Goods and Services Less than $25,000, Page 2 of 5
Damage.
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, excluding Workers'
Compensation, 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: City of Ashland
BY B
y
Signat Department Head
Ac,s, Fox- NA.,A f-Nc.a~
Print N me Print Name
Peres:
Title Date
W-9 One copy of a W-9 is to be submitted with :h VED AS TO FOR(
the signed contract. A ase Order No.
land t. C' Attamay
Dat `
Contract for Goods and Services Less than $25,000, Page 3 of 5
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:
Y (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.
antractor U (Date)
Contract for Goods and Services Less than $25,000, Page 4 of 5
CITY OF ASHLAND, OREGON
EXHIBIT B
City of Ash land
LIVING
A, sell. I's WAGE
1=,per hour effective June 30, 2016
(Increases annually every June 30 by the
~r 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 projector 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 $20,283.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,283.20 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
50% or more of the ➢ In calculating the living wage, Municipal Code Section
employee's time in that month 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 Goods and Services Less than $25,000, Page 5 of 5
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Shady Cove, Oregon 97539
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PROPOSAL & CONTRACT
Date: June 3, 2016
Proposal Submitted To: Dave Tygerson
City of Ashland - Electric Department
90 North Mountain Avenue
Ashland, Oregon 97520
Phone: (541) 552-2389 Fax: (541) 552-2436
Email: tygersod@ashland.or.us
PROJECT SITE: Hargadine St UG Primary Upgrade
35 S. Second Street (Rear Alley), Ashland
REFERENCE DOCUMENTS: City of Ashland Electrical Service Requirement
Specifications. Ashland Electric Plan Sheet for project printed on May 16, 2016. City of Ashland
Invitation to Bid Sheet dated May 19, 2016. Pre-Bid Meeting on May 19, 2016.
WE PROPOSE hereby to furnish labor & materials as detailed below for the lump sum cost of:
Original Option:
SIXTEEN THOUSAND, FIVE DOLLARS - $16,005.00
OR
With Option to Find 4" Stub:
FOURTEEN THOUSAND, TWENTY-FIVE DOLLARS - $14,025.00
1. Install underground primary/communication/infrastructure in accordance with
reference documents listed above.
2. Vehicle Traffic and Pedestrian Control
3. Delivery and Placement of Sand and 3/4" Minus Aggregate
4. Asphalt Patch
5. Temporary Fencing
Required Project Completion Date: September 2, 2016
THIS PROJECT IS NOT BID AT PREVAILING WAGE RATES
Proposal - City of Ashland Elect- 85 Winburn 1 of 3 June 3, 2016
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P. O. Box 1637
En Shady Cove, Oregon 97539
(541) 878-7810 Fax: (541) 878-7811
-ni Email: irriconstructioninc4earthl. ink. net
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EXCLUSIONS: Engineering and Soil Testing Permits and Fees
Surveys and Locates Topsoil
Landscaping and Irrigation Vaults and PVC Conduits
Couplings/ including Fiberglass/PVC
Radius Sweeps
PAYMENT TERMS: Progress invoices will be supplied by JM Construction Inc. at the end of
each month and shall be paid by the customer no later than the 10th of the subsequent month.
Any amounts and/or balances in arrears more than thirty (30) days will be subject to 1.5% per
month interest or as allowed by law.
DISCLOSURES: All material is guaranteed to be as specified. All work to be completed in a
workmanlike manner according to standard practices. Any alteration or deviation from above
specifications involving extra costs will be executed only upon written orders, and will become
an extra charge over and above the estimate. However, JM Construction Inc. shall not be
deemed to have waived its right to compensation for extra work if the extra work was not
provided for in writing, but shall be paid the reasonable value for such work performed. All
agreements contingent upon strikes, accidents or delays are beyond our control. Any dispute or
controversy arising out of the terms, conditions, or requirements of this agreement which exceed
$4,000.00 in possible damages shall be submitted to arbitration in accordance with the American
Arbitration Association Construction Industry Arbitration Rules and judgment rendered by the
arbitrator shall be entered into any court of competent jurisdiction. The prevailing party in any
suit or action or arbitration or administrative proceeding (including Construction Contractors
Board Claims) brought under the terms of this agreement to enforce or interpret any provision
herein, shall be awarded attorneys fees and costs as may be adjudged reasonable by the
Arbitration panel, administrative authority, court, or appellate court. Owner to carry fire,
earthquake and other necessary insurance. Our workers are fully covered by Workman's
Compensation Insurance.
Differing Site Conditions: Any undisclosed or unforeseen subsurface conditions that arise upon
excavation that are not deemed "standard" shall be considered above the contract price and shall
be converted to time and material for all extra conditions. (e.g. any soils unable to be excavated
with a typical backhoe, excavator, etc.)
Linear and/or Square Footage Totals: Actual quantities shall be verified between the customer
and a JM Construction Inc. representative upon project completion if necessary.
JM Construction Inc.'s Right to Photograph the Work: Customer shall permit JM Construction
Inc. or person(s) employed or engaged by JM Construction Inc., without compensation or
consideration to the Customer, to take photographs at the project site of both completed work
and work in progress, for purposes including, but not limited to, publication in newspapers,
magazines, and other print media, use in broadcast media, publication via the Internet, and use in
marketing materials used by JM Construction Inc. Such photographs and any accompanying
descriptions shall not identify Customer or the property address of the project without the
express written consent of Customer.
Proposal - City of Ashland Elect- 85 Winburn 2 of 3 June 3, 2016
o P.O. Box 1637
M Shady Cove, Oregon 97539
(541) 878-7810 Fax: (541) 878-7811
-"i Email: imconstructioninc4earthlink.net
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WARRANTY: Warranty and/or guarantee period shall be the standard one (1) year from the
date of substantial completion of this project. This warranty is valid only when the property or
its improvements are subject to normal use and care by the Customer and provided the Customer
has fully complied with all the terms and payment provisions of this agreement. JM
Construction Inc. reserves the right to repair, replace, or pay reasonable sum in order to affect
any mutual acknowledged repairs or corrections both during the construction process and
throughout the warrantee period.
Note: This proposal may be withdrawn by us if not accepted within thirty (30) days.
JM Construction Inc. /Authorized Signature
ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are
satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment
will be made as outlined above.
Date of Acceptance , 2016
Customer /Signature
Customer /Print Name and Title
Proposal - City of Ashland Elect- 85 Winburn 3 of 3 June 3, 2016
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CITY OF
ASHLAND
FORM #2
INVITATION TO BID - Primary Underground Installation
Release date: 5/19/2016
Requested by: DAVID TYGERSON / ELECTRIC / Phone 541.552.2389 / Fax 541.552.2436 / Email: davet@ashland.or.us
Bids are due by: 3:OOPM Wednesday June 15" 2016
Project name: HARGADINE ST UG PRIMARY UPGRADE
Job site location: 35 S. SECOND STREET (REAR ALLEY)
Project completion required by: Friday September 2, 2016
Preferred method of shipment for materials/equipment: N / A
Bids may be faxed, emailed or hand delivered. Contractors shall submit bid on their company letterhead. Informal email bids and/or late
bids will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for
purposes of comparison of bids.
The successful contractor will be required to enter into a contract with the City for the services and provide insurance certificates in their
own name for General Liability, Automobile and Workers' Compensation. Workers' Compensation insurance is mandatory.
Subcontracting will not be permitted.
"OR EQUAL": Any brand name listed in the specifications as "or equal" or "or equivalent" shall establish the minimum requirements for quality, utility,
durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost
difference, alternates and options in the space provided in the quote. This clause is not meant to be restrictive, but to set the minimum standard. THE CITY
SHALL DETERMINE, IN ITS SOLE DISCRETION, WHETHER A PRODUCT OFFERED IS "EQUAL." When the designation is "or equal" or
"equivalent" City shall make its decision after Bid Closing.
SCOPE OF SERVICES
PLEASE SEE ATTACHED CONSTRUCTION DOCUMENTS AND INSTALLATION REQUIREMENTS TO INSTALL:
UNDERGROUND PRIMARY / COMMUNICATION / INFRASTRUCTURE AS PER ATTACHED ELECTRICAL LAYOUT PLAN AND
COA ELECTRIC SERVICE REQUIREMENTS.
PROJECT INCLUDES RESTORATION OF ALL PUBLIC & PRIVATE PROPERTIES AFFECTED DURING PROJECT.
ALL REQUIRED PEDESTRIAN / VEHICLE TRAFFIC CONTROL WILL BE THE RESPONSIBILITY OF THE CONTRACTOR.
COA IS RESPONSIBLE FOR STATE / CITY PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT.
MATERIAL TO BE PROVIDED BY COA FOR PROJECT WILL INCLUDE: PVC CONDUIT, NEEDED MISCELLANEOUS
COUPLINGS / INCLUDING FIBERGLASS / PVC RADIUS SWEEPS.
SPECIAL NOTE: AREA WILL NEED TO BE SECURED FOR HEAVY PEDESTRIAN TRAFFIC DURING PROJECT.
MANDATORY PROJECT WALK IS SCHEDULED FOR: MAY 19, 2016 9:OOAM on site.
All Pricing Must Be Held Firm For 30 Days
Method of Award: ORS 279B. 070 Intermediate Procurements. (4) If a contract is awarded, the contracting agency shall
award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into
account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability
for a particular purpose and contractor responsibility under ORS 279B.110.
Form #2 - Intermediate Procurement, Invitation to Bid, Trade Services, Page 1 of 1, 5/16/2016
I
~C M Excavation
1796 Thomas Rd
Medford, OR 97501
Phone (541) 941-1329
Tobester29@hotmail.com
CCB# 142905
Bid
Project: Hargadine St UG Primary Upgrade
Loca.Lio. a: 3 D' S. S ccor d St °eet Rear Ali ey)
g,'nscall &qd inIerc,- 299, 34'9 ai~~.b4" cofi'ciu..IE.S ept
170' trench @ $100.00/_f, $175000 00
Cut and replace sidewalk LS $45000.00
~ L 9a 0.3 did
I ~av 0,6, v 0V.vio
Thank You
Copeland Construction, Ilc
321 Pruett Rd.
Eagle Point, OR 97524
Offcie: 541-826-2314
Fax: 541-826-1014
copelandconst.llc@earthlink.net
Date: 6/15/2016
To: Dave Tygerson /Electric/ COA
Project: Hargadine St UG Primary Upgrade
Price Includes the Following:
UNDERGROUND PRIMARY / COMMUNICATION / INFRASTRUCTURE AS PER ATTACHED ELECTRICAL LAYOUT PLAN
PROJECT INCLUDES RESTORATION OF ALL PUBLIC & PRIVATE PROPERTIES AFFECTED DURING PROJECT.
ALL REQUIRED PEDESTRIAN / VEHICLE TRAFFIC CONTROL
COA IS RESPONSIBLE FOR STATE / CITY PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT.
MATERIAL TO BE PROVIDED BY COA FOR PROJECT WILL INCLUDE: PVC CONDUIT, NEEDED MISCELLANEOUS
COUPLINGS/ INCLUDING FIBERGLASS/ PVC RADIUS SWEEPS.
AREA WILL BE SECURED FOR HEAVY PEDESTRIAN TRAFFIC DURING PROJECT.
We propose to furnish equipment, materials, and labor in accordance with
above specifications, For the lump sum of: $38,880.00
Payment in full shall be due on completion, unless other arrangements have been made
here and accepted by authorized signature.
Signed: Date:
JM0002C OP ID: LS
2015 Y)
10/29//2015
614
, RL " CERTIFICATE OF LIABILITY INSURANCE DATE
10/29
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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER CONTACT
NAME: Linda Shaddon
United Risk Solutions, Inc. PHONE 541 _245-1111 A X No): 541-245-1112
PO Box 936 Mc„Ko
Medford, OR 97501-0067 E'a`ADDREm" • linda.shaddon@unitedrisk.com
INSURE S AFFORDING COVERAGE NAIL 0
INSURER A: Western National Assurance Co 24465
INSURED JM Construction, Inc. INSURER B :
PO Box 1637
Shady Cove, OR 97539 INSURER C
INSURER 0:
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I R i b POLICY EFF MMM100/ EXP
LT TYPE OF INSURANCE POLICY NUMBER M LIMITS
GENERAL LIABILITY EACH OCCURRENCE s 1,000,00
DAMAGE TO RENTE13-
A FX_ COMMERCIAL GENERAL LIABILITY X CPP108011302 09/15/2015 0911512016 PREMISES Es occurrence $ 100,00
CLAIMS-MADE F7X OCCUR MED EXP (An one person) $ 5,00
j PERSONAL & ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00
X POLICY PRO- LOC $
JECT COMBINED SINGLE LIMIT 1,000,00
AUTOMOBILE LIABILITY a accident) S
A ANY AUTO X CPP107975002 09115/2015 09115/2016 BODILY INJURY (Per person) S
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS X AUTOS PROPERTY DAMAGE $
X HIRED AUTOS X NON-OWNED
AUTOS PER ACCIDENT
$
X UMBRELLA LIAS X OCCUR EACH OCCURRENCE $ 1,000,00
A EXCESS LIAR CLAIMS-MADE X UMB101331602 0911512015 0911512016 AGGREGATE $ 1,000,00
DEC) X RETENTION 3 10,000 1 S
WORKERS COMPENSATION WC STATU- ' OTH-TORY LIMITS ER
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L. EACH ACCIDENT S
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE - EA EMPLOYE $
If yes, desuit>e under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S
i
DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schodule, If more apace Is required)
RE: Chautauqua Walkway Project - City of Ashland, its elected officials,
officers and employees are Additional Insured as provided by Endt. MNGL52
01/09. Coverage is primary and non-contributory as provided by Endt. WNGL52
01/09.
CERTIFICATE HOLDER CANCELLATION
CITAS01
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS.
90 N. Mountain Ave.
Ashland, OR 97520-2014 AUTHORIZED REPRESENTATIVE
C'
-V-M§001 0 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
JM0002C OP ID: LS
2'
'444. D CERTIFICATE OF LIABILITY INSURANCE DATE
10129/2015
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 policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER CONTACT
-NAME: Linda Shaddon
United Risk Solutions, Inc. PHONE 541 _245_1111 A X No :541-245-1112
PO Box 936 ac Ko
Medford, OR 97501-0067 ADDRESS: linda.shaddon@unitedrisk.com
INSURERS AFFORDING COVERAGE NAIC 0
INSURER A : Western National Assurance Co ' 24465
INSURED JM Construction, Inc. INSURER B :
PO Box 1637
Shady Cove, OR 97539 INSURER C :
INSURER D :
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A=[ 'SUS'll INSIR WV POLICY NUMBER MM/DDIYYYY MME E"P LIMITS
ILT R TYPE OF INSURANCE
GENERAL UASILITY EACH OCCURRENCE $ 1,000,00
DAMAGE TO RENTED
A X COMMERCIAL GENERAL LIABILITY X CPP108011302 09/15/2015 0911512016 ' PREMISES Ea occurrence $ 100,00
CLAIMS-MADE 7 OCCUR MED EXP (An one person) $ 5,00
PERSONAL & ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00
F71 TcT F__ PRO- LOC $
POLICY
X
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY 1,000,00
a accident
A ANY AUTO X CPP107975002 09/15/2015 09/1512016 BODILY INJURY (Per person) S
ALL OWNED X SCHEDULED BODILY INJURY (Per accident) 3
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE S
ROPERTY DA
X HIRED AUTOS X AUTOS PER PACCIDENT)
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00
A EXCESS LIAR CLAIMS-MADE X UMB101331602 09/15/2015 0911512016 AGGREGATE $ 1,000,00
DED X RETENTIONS 10.000 $
WORKERS COMPENSATION WC STATU- H_
AND EMPLOYERS' LIABILITY'
E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNERIEXECUTIVE YD NIA
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE - EA EMPLOYE S
If ns, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5
i
i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
RE: Chautauqua Walkway Project - City of Ashland, its elected officials,
officers and employees are Additional Insured as provided by Endt. WNGL52
01/09. Coverage is primary and non-contributory as provided by Endt. WNGL52
01/09.
CERTIFICATE HOLDER CANCELLATION
CITAS01
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS.
90 N. Mountain Ave.
Ashland, OR 97520-2014 AUTHORIZED REPRESENTATIVE
8 010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABIUTY
WN GL S2 01 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OREGON ADDITIONAL INSURED OWNERS,
LESSEES OR CONTRACTORS AUTOMATIC STATUS
WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU
PRIMARY AND NONCONTRIBUTORY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERA. LIABILITY COVERAGE PART
A. Section 11 - Who Is An Insured is amended to in- a. The preparing, approving, or failing to pre-
clude as an additional insured any person or organ- pare or approve, maps, shop drawings, opin-
ization for whom you are performing operations ions, reports, surveys, field orders, change
when you and such person or organization have orders or drawings and specifications., or
agreed in writing in a contract or agreement that b. Supervisory, inspection, architectural or en-
such person or organization be added as an addi- gineering activities.
tional insured on your policy. Such person or organ-
ization is an additional insured only with respect to 2. "Bodily injury" or "property damage" occurring
liability for "bodily injury", "property damage" or after:
"personal and advertising injury " caused by your a. All work, including materials, parts or equip-
ongoing operations for the additional insured and ment furnished in connection with such
only to the extent that such "bodily injury", "property
damage" or "personal and advertising injury" is work, on the project (other than service,
caused by your negligence or the negligence of maintenance or repairs) to be performed by
those performing operations on your behalf. or on behalf of the additional insured(s) at
the location of the covered operations has
A person's or organization's status as an additional been completed: or
N insured under this endorsement ends when your b. That portion of '-your work" out of which the
operations for that additional insured are corn- injury or damage arises has been put to its
pleted. intended use by any person or organization
B. The Limits of Insurance applicable to the additional other than another contractor or subcontrac-
insured are those specified in the written contract for engaged in performing operations for a
or written agreement or in the Declarations of this principal as a part of the same project „
policy, whichever is less. These Limits of Insur-
ance are inclusive of, and not in addition to Limits D. As respects the coverage provided under this en- ~
of insurance shown in the Declarations, dorsement, Paragraph 4.b. of the Other Insurance
Condition is deleted and replaced by the following:
C. With respect to the insurance afforded to these ad- 4. Other Insurance
ditional insureds, the following additional exclusions
apply: b. Excess insurance
This insurance does not apply to: This insurance is excess over any other in-
1. "Bodily injury", "property damage" or "personal surance naming the additional insured as an
and advertising injury" arising out of the render- insured whether primary, excess, contingent
ing of, or the failure to render, any professional or on any other basis unless the written con-
architectural, engineering or surveying services, tract or agreement described in A. above
including: specifically requires that this insurance be
provided on either a primary basis or a pri-
mary and noncontributory basis.
WN GL 52 01 09 inc odes copyrigNe0 material of insurame services office Inc. wilt, ns pen*slon Page 1 of 1
Mary McClary
From: Mark Holden
Sent: Friday, July 01, 2016 11:36 AM
To: Dave Kanner; Lee Tuneberg
Cc: Mary McClary; Michael Ainsworth; Dan Hendrix; Thomas McBartlett III
Subject: Mark Holden - Transfer of signature authority July 5 through July 11, 2016
1 will be out of the office from Tuesday, July 5 through Monday, July 11, returning to the office on Tuesday, July 12.
While out of the office I am transferring my signature authority to Michael Ainsworth.
Regards,
Mark Holden, director of IT and the electric utility
City of Ashland
Email: holdenm@ashland.or.us
Phone: 541.552.2314
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for
disclosure and retention. If you have received this message in error, please contact me at (541) 552-2314. Thank you.
1
Purchase Order
I~ Fiscal Year 2017 Page: 1 of: 1
B City of Ashland _
ATTN: AP
L 20 E. Main Purchase L Ashland, OR 97520 Order 1 6
#
T
O Delivery must be made within doors of
specified destination.
V S
E JM CONSTRUCTION INC H C/O Electric Department .
N PO BOX 1637 P 90 North Mountain Ave
D SHADY COVE, OR 97539 Ashland, OR 97520
O T
R 0
541 878-7810 _ DAVID TYGERSON
07/12/2016 593 FOB ASHLAND OR City Accounts Payable
rAdN
UTILITY INFRASTRUCTURE UPGRADE
The Above Purchase Order Number Must Apppear On All
Correspondence - Packing Sheets And Bills Of Lading
1 UPGRADE EXISTING UTILITY INFRASTRUCTURE 1.0 $16,005.00 $16,005.00
HARGADINE ST - UG PRIMARY UPGRADE AS PER
ATTACHED PROPOSAL AND ELECTRICAL LAYOUT PLANS.
CONTRACT FOR GOODS AND SERVICES, UG PRIMARY
INFRASTRUCTURE UPGRADE
BEGINNING: 07/01/16
COMPLETION: 09/16/16
GL Account: $16,005.00
GL SUMMARY
111800 - 704100 $16,005.00
By:
Authorized Signature
By: 7
Authorize Signature $16,005.00
FORM #3 ri Q C I T Y OF
r ~g
~YxSHLAND
REQUISITION Date of request: -20-lb
Required date for delivery:
Vendor Name il-In CON-272110-10 TAI C .
Address, City, State, Zip IDO. Ba 1637 ShMY ZE A - ~
Contact Name & Telephone Number r54(1-878-7810 Ei = 1- ~ °•7~~/
Fax Number ~ -
SOURCING METHOD 10
❑ Exempt from Compstitive 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 Attach co of council communication _(If council approval required, attach co of CG
❑ Small Procurement Cooperative Procurement
Less than $5,000. ❑ Request for Proposal (copies on file) ❑ State of Oregon
Date approved by Council: -
❑ Direct Award -(Attach copy of council communication) Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
5 to $100,000 ❑ Written quote or proposal attached Agency
(3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special.Procurement Intergovernmental Agreement
$3,000 to $75,000 - ❑ Form A, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K.to $75K Valid until: Date - (Attach copy of council communication)
Total Cost
De/scrii.pti~o5 n of SERVICES
f F+~~ ~`t ~~~F • Y _LJ f b✓ I F ~ ! ~ V• ~ { V f ~ ~ -
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
Per attached auotelproposal
ProjectNurnber= Y22- I D Account Number 017- I I. E
Account Number------------Account
*Expenditum 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:
1 T Director Date Support -Yes/ No
By signing this requisition form, I certify that the City's public contracting requirements have been satisfied r ?
f
r e, y,~ T
Employee: ~ Department Head,
(Equal to or greater than $5,000)
Department ManagerlSupervisor: Z9 /01 City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year *~s I NO
Finance Director- (Equalfo orgieaterthan $5,000) Date
Comments.
Form 43 - Requisition