HomeMy WebLinkAbout1998-145 Contract - Bergeson Boese CITY OF ASHLAND
CONTRACT FOR STORAGE TANK UPGRADE SERVICES AT
ASHLAND SERVICE CENTER AND ASHLAND MUNICIPAL AIRPORT
Contract made on the date specified below in Recital A between the City and
Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND
20 East Main Street
Ashland, OR 97520
Telephone: (541) 488-5347
FAX: (541) 488-6006
Date of this agreement:
October 1, 1998
CONTRACTOR: Bergeson - Boese & Assoc., Inc.
65 Centennial Loop
Eugene, OR 97401
Telephone: (541) 484-9484
FAX: (541) 484-4188
¶B. Underground Storage Tank Upgrade Services
¶4. Beginning date: October 1, 1998
¶6.1. Contractor's representative: Daniel Mumford
~7. Contracting officer: Paula C. Brown, PE, City of Ashland
¶9. Contract amount: Time and Materials not to exceed
$153,195.00 @ the Service Center
$207,919.00 (~. the Ashland Municipal Airport
B. City exempted from competitive bidding the project identified in Recital A.
Contractor has submitted a work plan entitled "Work Plan (Scope of Work and Cost
Proposal) For Underground Storage Tank (UST) Upgrade Services" and City, under
the terms of this agreement, has accepted that plan.
City and Contractor agree as follows:
1. Contract Documents: The terms and conditions attached as Exhibit A are
incorporated as a part of this contract. In the event of any inconsistencies in the
terms of this contract including exhibits, and Contractor's work plan, this contract
shall take precedence over the work plan. Notwithstanding any language regarding
retainage in Exhibit A, however, City shall not retain any sums related to
Contractor's purchase of major petroleum equipment listed in Appendix A or the
work plan.
2. Scope of Services:
2.1. Contractor shall perform the services described in the work plan when
requested to do so by City. The term "services" as used in this contract shall include
all work that is performed in designing, constructing and installing the improvements,
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facilities and equipment and all reports, documents and other tangible items that are
produced by Contractor for City pursuant to this contract.
2.2. Upon the request of the Contracting Officer, Contractor shall provide
monthly progress reports on services performed for City. The report shall be
delivered to the Contracting Officer not later than ten days after the close of each
calendar month in which services are provided. Each report shall state the services
provided since the preceding report and the services which Contractor expects to
complete in the next succeeding period. The reports also shall include an account of
the time expended by Contractor in the performance of the services and any further
documentation required by City.
3. Quality of Service:
3.1. Contractor shall perform its services as an independent contractor in
accordance with generally accepted standards in Contractor's profession or trade.
Contractor shall be responsible for the professional quality, technical accuracy, and
the coordination of all services performed by Contractor under this contract.
Contractor shall, without additional compensation, correct or revise any error or
deficiencies that are the result of Contractor's negligence. City's review, approval,
acceptance of, or payment for, any of the services covered by this contract shall not
be construed to operate as waiver of any rights under this contract or of any cause
of action arising out of the performance of this contract. Contractor shall be and
remain liable to City in accordance with applicable law for all damages to City
caused by Contractor's negligent performance of services.
3.2. Contractor shall perform the services as expeditiously as is consistent
with professional skill and care. Upon request of City, the Contractor shall submit for
the City's approval, a schedule for the performance of Contractor's services. The
schedule shall include allowance for periods of time required for City's review and
approval of the Contractor's services. The schedule approved by City shall become
a part of this contract.
4. Term: The initial term of this contract shall begin and end on the dates specified in
Recital A, unless sooner terminated as provided in this agreement.
5. Bond: Contractor shall, within five days after execution of the contract and prior to
doing any construction under the contract, furnish bond to the City of Ashland in a
form and with a surety satisfactory to City in the penal sum of $163,623' conditioned
upon the faithful performance of this contract upon the part of the Contractor.
*(Excludes project supervision, design services, and major petroleum equipment
purchases)
6. Assi.qnment of Contractor's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the
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supervision of the person named in Recital A, who shall act as Contractor's
representative in all communications and transactions with City.
6.2. Contractor will endeavor to honor reasonable specific requests of City
with regard to assignment of Contractor's employees to perform services covered by
this contract if the requests are consistent with sound business and professional
practices. 6.3. Authority of Contracting Officer: The Contracting Officer for this
contract is named in Recital A. The Contracting Officer shall have the authority to act
on behalf of City in the administration and interpretation of this contract.
7. Responsibilities of City: City will provide information, documents, materials and
services that are within the possession or control of City and are required by
Contractor for performance of the services. City shall cooperate fully with Contractor
to achieve the objectives of this contract. City may elect to perform certain portions
of the contract pertaining to excavation, trenching, backfilling and material hauling.
City and Contractor shall agree upon the scope of the City's participation prior to
commencing work.
8. Payment: City shall pay Contractor for services performed by Contractor the sum
stated in Recital A. Contractor shall submit monthly invoices to City for Contractor's
services within ten days after the end of the month covered by the invoice. City shall
pay Contractor within thirty days after receipt and approval of the invoice.
8.1. All payments during the construction phase of the project will be made at
the times and in the manner provided in the contract documents.
9. Prevailin.q Wage Rates: The Contractor shall pay a fee equal to one-tenth of one
percent of the construction portion price of this contract. The fee shall be paid on or
before the first progress payment made for the construction portion or 60 days from
the date work first begins on the construction portion, whichever comes first. The fee
is payable to the Bureau of Labor & Industries and shall be mailed or otherwise
delivered to the Bureau at the following address:
Bureau of Labor and Industries
Wage and Hour Division
Prevailing Wage Unit
800 N.E. Oregon Street # 32
PORTLAND OR 97232
The Contractor shall fully comply with the provisions of O.R.S. 279.348 through
279.365 pertaining to prevailing wage rates.
10. Compliance with Law: The provisions of this contract shall be construed in
accordance with the laws of the State of Oregon. Contractor agrees that while
providing services covered by this contract, Contractor will comply with all applicable
state, federal and local laws, rules, regulations and ordinances including, but not
limited to, the laws and rules cited in this paragraph. Any provision of this contract in
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conflict with applicable laws, rules, regulations or ordinances is void.
11. Ownership of Documents: All documents prepared by Contractor pursuant to this
contract shall be the property of City.
12. Records: Contractor shall keep proper books of account and other records
pertaining to the services Contractor provides to City. The books and records shall
be made available at a location reasonably accessible to City, who may inspect all
such books and records, at reasonable times, to verify Contractor's compliance with
this contract. City shall have the right to request an annual audit of Contractor's
books and records by a certified public accountant chosen by City to determine
Contractor's compliance with the terms of this contract. The cost of the audit shall be
borne by City.
13. Default: A default shall occur under any of the following circumstances:
13.1. If the Contractor fails to begin the work under contract within the time
specified, or fails to perform the work with sufficient workers or equipment or with
sufficient materials to insure the prompt completion of the project, or shall neglect or
refuse to remove materials or perform anew such work as shall be rejected as
defective or unsuitable, or shall discontinue the prosecution of the work.
13.2. If the Contractor shall become insolvent or declared bankrupt, or commit
any act of bankruptcy or insolvency, or allow any final judgment to stand against the
Contractor unsatisfied for a period of 48 hours, or shall make an assignment for the
benefit of creditors.
13.3. If either party fails to perform any act or obligation required of that party
by this contract within ten days after the other party gives written notice specifying
the nature of the breach with reasonable particularity. If the breach specified in the
notice is of such a nature that it cannot be completely cured within the ten day
period, no default shall occur if the party receiving the notice begins performance of
the act or obligation within the thirty day period and thereafter proceeds with
reasonable diligence and in good faith to effect the remedy as soon as practicable.
13.4. Notwithstanding subparagraphs 14.1 through 14.3, either party may
declare a default by written notice to the other party, without allowing an opportunity
to cure, if the other party repeatedly breaches the terms of this agreement.
14. Remedies: If a default occurs, the party injured by the default may elect to
terminate this contract and pursue any equitable or legal rights and remedies
available under Oregon law. All remedies shall be cumulative.
14.1. In addition to the rights and remedies to which the City may be entitled
by law for the enforcement of its rights under this contract, City shall have full power
and authority, without violating this contract, to take the prosecution of the work from
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the Contractor, and appropriate or use any or all of the materials and equipment on
the ground that may be suitable and acceptable and may cause a contract for the
completion of this contract according to its terms and provisions, or use such
methods as required for the completion of the contract, in any acceptable manner.
All costs and charges incurred by the City together with the costs of completing the
work under the contact, shall be deducted from any money due or which shall
become due the Contractor. In case the expense so incurred by the City shall be
less than the sum which would have been payable under the contract if it had been
completed by the Contractor, then the Contractor shall be entitled to receive the
difference less any damages for delay to which the City may be entitled. In case
such expense shall exceed the sum which would have been payable under the
contract, the Contractor and the surety shall be liable and agree to and shall pay the
City the amount of the excess with damages for delay of performance, if any.
14.2. Any litigation arising out of this contract shall be conducted in Circuit
Court or District Court of the State of Oregon for Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under paragraph 15,
City shall have the right to terminate giving Contractor written notice sixty days prior
to the termination date.
15.2. In the event that City requests termination of services under this
subparagraph, Contractor reserves the right to complete such analyses and records
as may be necessary to place its files in order and, where considered necessary to
protect its professional reputation, to complete a report on the work performed to
date of termination.
15.3. If this contract is terminated under this subparagraph, Contractor shall
be paid for all fees earned and costs incurred prior to the termination date.
Contractor shall not be entitled to compensated for lost profits.
16. Notices: Any notice required to be given under this contract or any notice
required to be given by law shall be in writing and may be given by personal delivery
or by registered or certified mail, or by any other manner prescribed by law. Notices
to City shall be addressed as indicated in Recital A and notices to Contractor shall
be addressed as indicated in Recital A.
17. Assi.qnment: City and Contractor and the respective successors, administrators,
assigns and legal representatives of each are bound by this contract to the other
party to this contract and to the partners, successors, administrators, assigns and
legal representatives of such other party. Contractor shall not assign or subcontract
Contractor's rights or obligations under this contract without prior written consent of
City. Except as stated in this subparagraph, nothing in this contract shall be
construed to give any rights or benefits to anyone other than City and Contractor.
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8. City Benefits: This contract is not intended to entitle the principals or employees
of Contractor to any benefits generally granted to City employees. Without limitation,
but by way of illustration, the benefits which are not intended to be extended by this
contract are vacation, holiday and sick leave, other leaves with pay, tenure, medical
and dental coverage, life and disability insurance, overtime, social security, workers'
compensation, unemployment compensation, or retirement benefits (except insofar
as benefits are otherwise required by law if the Contractor is presently a member of
the Public Employees Retirement System).
19. Severability: If any provision of this contract shall be held to be invalid or illegal,
such invalidity or illegality shall not affect any other provisions of this contract, and
this contract shall be construed as if such invalid or illegal provision had never been
included in the contract.
20. Modification No modification of this contract shall be valid unless in writing and
signed by the parties.
21. No Waiver: No term or provision of this contract shall be deemed waived and no
breach excused, unless such waiver is written and signed by the party claimed to
have made the waiver. Any waiver of a breach shall not constitute a waiver of any
other different or subsequent breach.
22. Prior Agreements: The contract documents constitute the entire, final and
complete agreement of the parties pertaining to the services, and supersede and
replace all prior and existing written or oral understandings except as otherwise
continued in effect by the terms of this contract.
Contractor
Bergeson-Boese & Associa~;es, Inc.
CITY
BY ~'-
Fed. ID# 93-0991547
REVIEBWCD~TENT
Cit~¢ Department Head
Date: ,
REVIi~B,.D/~A~SS TO FORM
By
City Legal 3ogn.f,~el
Date: !i) I~1~ ~)
Coding
(for City use only)
PAGE 6-CONTRACT FOR FUEL TANK UPGRADE G:Dawn~Engineer~Project~97-44 Fuel Tank Revised Contract.wpd
EXHIBIT A
REQUIREMENTS FOR PUBLIC IMPROVEMENTS
The following requirements are applicable to the construction phase of this project:
1. PREVAILING WAGE REQUIREMENTS. The contractor is required to pay
prevailing wage rates. No bid shall be considered unless the bid contains a
statement by the bidder as a part of the bid that the provisions of ORS 279.348
through 279.365 (Prevailing Wage Rates) will be complied with."
2. BOLl FEE. In addition, the contractor will be required to pay a fee to the Bureau of
Labor and Industries (BOLl) pursuant to the provisions of ORS 279.352 (2) and
Section 5 (1), Ch 594, 1995 Oregon Laws. The fee is one-tenth of one percent of
the price of the construction portion of the contract, but not less than $100 nor more
than $5,000, regardless of the contract price.
3. PERFORMANCE BONDS. The contractor will furnish a performance bond for the
construction phase of this project.
4. CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final certificate of
payment nor any provision in the contract documents shall relieve the contractor of
responsibility for faulty materials or workmanship and, unless otherwise specified,
the contractor shall remedy any defects due thereto and pay for any damage to
other work resulting two years from the date of acceptance of the complete building
or installation. The City shall give notice of observed defects with reasonable
promptness.
5. CONTRACTOR'S INSURANCE AND INDEMNITY.
5.1. Comprehensive General or Commercial Liability: Contractor shall, at
contractor's own expense, at all times during the term of this agreement, maintain in
force a comprehensive or commercial general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual
liability, products and completed operations, owner's and Contractor's protective
insurance and comprehensive automobile liability including owned and non-owned
automobiles. The liability under each policy shall be a minimum of $500,000.00 per
occurrence (combined single limit for bodily injury and property damage claims) or
$500,000.00 per occurrence for bodily injury and $100,000.00 per occurrence for
property damage. Liability coverage shall be provided on an occurrence not claims
basis. The City of Ashland, its officers, employees and agents shall be named as
additional insured. Certificates of insurance acceptable to the City shall be filed with
City's Risk Manager prior to the Commencement of any services by contractor under
this agreement. These certificates shall contain provision that coverage afforded
under the policies can not be canceled and restrictive modifications cannot be made
until at least 30 days prior written notice has been given to City. A certificate which
states merely that the issuing company "will endeavor to mail" written notice is
unacceptable.
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5.2. Workers' Compensation: The contractor, its sub-contractors, if any, and
all employers providing work, labor, or materials under this contract are subject
employers under the Oregon Workers' Compensation Law and shall comply with
ORS 656.017, which requires them to provide workers' compensation coverage that
satisfies Oregon law for all their subject works. This shall include Employer's
Liability Insurance with coverage limits of not less than $100,000.00 each accident.
Contractors who perform the work without the assistance or labor of any employee
need not obtain such coverage.
5.3. Primary Coverage: Insurance carried by contractor under this contract
shall be the primary coverage, and the City's insurance is excess and solely for
damages or losses for which the City is responsible.
5.4. Indemnification: Contractor agrees to defend, indemnify and save City,
its officer, employees and agents harmless from any and all losses, claims, actions,
costs, expenses, judgments, subrogation, 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 agreement by contractor (including, but not limited to,
contractor's employees, agents, and other designated by contractor to perform work
or services attendant to this agreement). Contractor shall not be held responsible
for damages caused by the negligence of City. The contractor agrees that
contractor will be solely responsible for any damage or trespass to or upon adjacent
property or injury thereto, resulting from or in connection with contractor's operation,
and that contractor will defend, indemnify and hold the City harmless from any claim,
liability or obligation arising from such entry or trespass.
6. STATUTORY REQUIREMENTS: ORS 279.312, 279.314, 279.316 and 279.320
are made part of this contract.
7. LABOR. Contractor shall comply fully with the provisions of ORS 279.348 through
279.365. Documents establishing those conditions, as determined by the
Commissioner of the Bureau of Labor and Industries (BOLl), are included in these
Contract Documents.
7.1. The contractor is required to pay a fee to BOLl pursuant to the provisions
of ORS 279.352 (2) and section 5 (1), ch 594, 1995 Oregon Laws. The fee is one-
tenth of one percent of the price of this Contract, but not less than $100 nor more
than $5,000, regardless of the contract price.
7.2. Pursuant to ORS 279.354, contractor and its sub-contractors shall submit
complete weekly payrolls for the week immediately preceding each submission as
follows:
7.2.1. For projects of less than 90 days: Once before the first payment
is made to the contractor by the public agency; and Once before the final payment
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(covering the last full week of work on the project) is made to the contractor by the
public agency.
7.2.2. For projects exceeding 90 days: Once before the first payment is
made to the contractor by the public agency; At 90 day intervals thereafter; and once
before the final payment (covering the last full week of work on the project) is made
to the contractor by the public agency.
7.2.3. General: Payroll and Certified Statement forms are available at
any BOLl office. The forms must be submitted to: (1) the City of Ashland; and (2)
BOLI's Wage and Hour Division. Payroll and certified statement records must be
kept by the contractor for three years from the date of Final Completion of the
Contract.
8. PURCHASE OF MATERIALS. Preference shall be give to materials and products
manufactured in the State of Oregon, if price, fitness, availability and quality are
otherwise equal.
9. MATERIALS AND WORKMANSHIP. The contractor will furnish all labor and
materials, tools, equipment, transportation, and necessary supplies, such as may be
reasonably required to execute the contract in a satisfactory and workerlike manner
and in accordance with the plans developed by the contractor and approved by the
Owner, specifications and terms of the contract.
Unless otherwise specified, all materials shall be new. All materials shall be
of the best of the several kinds called for and it is intended that the best methods
and materials, as recognized by usage in first class work shall be used. All
workmanship shall be of the highest quality in every particular.
10. PROTECTION OF WORKERS AND PROPERTY. The contractor shall erect and
maintain good and sufficient guards, barricades and signals at all unsafe places at
or near the work. The City of Ashland assumes no responsibility or liability to direct
the contractor in the manner of placement or type of barricade or guard to be
utilized.
11. INSPECTION. Inspections of the work will be made on a regular basis by
representatives of the City, who shall have access to the work at all times. No utility
installation shall be backfilled without approval of the project inspector. Any work
found to be improperly done shall be removed and replaced at the contractor's
expense.
12. SUPERINTENDENCE. The contractor shall keep on this work during its progress,
a competent superintendent, who shall represent the contractor in the contractor's
absence.
13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out the provisions of
the contract documents, or in exercising any power or authority granted to the
PAGE 3 - EXH lB IT A TO CONTRACT (p:r~,~ue,,g exhibit a)
contractor by the contract, the contractor agrees there will be no liability upon the
officials, officers, or employees of the City of Ashland, either personally or as
officials of the City of Ashland; it being always understood that in such matters they
act as the agents and representatives of the City.
14. BUSINESS LICENSE REQUIRED. The successful bidder shall, prior to starting
work, obtain a City of Ashland Business License. Sub-contractors on the project
shall also be required to have a current business license. Licenses may be acquired
through the City of Ashland Utility Office during regular business hours.
15. SUBLETTING OR ASSIGNMENT OF CONTRACT. The contractor agrees not to
assign, transfer, convey or otherwise dispose of the contract or any right, title, or
interest either in whole or in part, or the contractor's power to execute such contract
to any other person, firm, or corporation, or to subcontract any part of the work
without the previous consent in writing of the Owner.
It is understood and agreed that if any part of the work to be done under the contract
is subcontracted, the subcontracting shall be done in accordance with, and the
contractor shall be bound by, the following provisions:
15.1. All subcontracts shall be in writing and shall provide that all work to be
performed shall be conducted and performed in accordance with the terms of the
prime contract. Upon request, certified copies of any or all subcontracts shall be
furnished to the Owner's representative.
15.2. In case the work being done or to be done under any subcontract is not
conducted in a manner satisfactory to the Owner's representative, contractor shall
upon written notice to this effect cause such subcontract to be terminated, and the
sub-contractor and the sub-contractor's employees to be removed from the work.
Any loss or damage that may be suffered on account of such action shall be borne
by the contractor.
15.3. The contractor agrees that the contractor is as fully responsible to
Owner for the acts and omissions of sub-contractors and of persons either directly or
indirectly employed by them as contractor is for the acts and omissions of the
contractor's own employees. Nothing contained in the contract documents shall
create any contractual relation between any sub-contractor and the owner.
16. ADVANCES ON MATERIALS. Allowances may be made in the partial payments
to the contractor for acceptable materials which are to become a part of the work.
16.1. Materials must be acceptably stored or stockpiled on the project or in
close proximity to the project. The contractor shall furnish a written permit giving the
owner the right to enter upon and remove the materials for a period of not less than
six months after the completion of the project.
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16.2. No allowances will be made in the partial payments to the contractor for
living or perishable plant materials. Advances on materials will not be made unless
the following conditions are met:
16.3. The contractor has made a written request for allowance for materials
and, if required by the Owner's representative, the request is accompanied by
written consent of the contractor's surety.
16.4. The total value of all materials must be at least $5,000 and the value of
any single class of material must be at least $1,000.
16.5. If the material has been purchased, the contractor shall provide proof of
payment for the purchased material. The proof of payment shall be supplied within
30 days of the date of the progress estimate on which this payment is made.
16.6. The material meets specifications and required test results or
certifications are on file with the Owner's representative.
16.7. The material is clearly marked and identified as being specifically
fabricated, produced, and reserved for use on the project.
The allowances shall be amounts not exceeding the net cost to the contractor
of the material f.o.b. the work or approved site. As a basis for estimating materials
on hand and the cost, the contractor shall provide the Owner's representative with
invoices, freight bills, and other information concerning the materials.
In the event the contract is terminated or canceled and the owner elects to
terminate the employment of the contractor, the contractor, or contractor's surety,
shall provide the owner with immediate and peaceful possession of all materials on
which the contractor has received progress payments. If the contractor or
contractor's surety cannot provide peaceful possession of the materials, then the
contractor, or contractor's surety, shall immediately refund to the owner the total
amount of all the progress payments for the materials.
17. ALLOWANCE FOR MATERIALS LEFT ON HAND. Materials delivered to the
work or acceptably stored at approved sites at the order of the Owner's
representative, but left unused due to changes in plans ordered by the Owner's
representative, will, if not practicably returnable for credit, be purchased from the
contractor, at actual cost without percentage allowance or profit.
17.1. The contractor, or contractor's surety, shall provide the owner with
immediate and peaceful possession of all materials purchased by the owner.
17.2. Responsibility for excess materials delivered to the work or stored at
storage sites without authority from the Owner's representative will rest with the
contractor. Any allowance that may be made to the contractor for such excess
PAGE 5 - EXHIBIT A TO CONTRACT (p:rfp~fueling exhibit a)
materials will be under conditions and prices acceptable to the Owner's
representative.
18. PROGRESS PAYMENTS AND RETAINAGE.
18.1. General: At a regular period each month the Owner's representative will
make an estimate of the amount and value of work accomplished and an estimate of
the amount and value of acceptable material to be incorporated in the completed
work which has been delivered and acceptably stored. The sum of these values will
be defined as the value of work accomplished.
18.1.1. The estimates upon which progress payments are based are
not represented to be accurate estimates, and all quantities shown are subject to
correction in the final estimate.
18.1.2. Progress payments shall not be construed as an acceptance of
approval of any part of the work covered and shall in no manner relieve the
contractor or contractor's sureties from obligations under the contract.
18.1.3. No payment shall release the contractor or contractor's sureties.
18.2. Progress Payments: Progress payments will be equal to the value of
work accomplished, less such amounts as may have been previously paid, less such
other amounts as may be deductible or as may be owing and due to the owner, and
less an amount to be retained.
18.3. Retainage: The amount to be retained will equal five percent (5%) of the
value of completed work except as follows:
18.3.1. When the contract work is fifty percent (50%) completed, the
Owner's representative may reduce or eliminate the retainage on the progress
payments for the remaining work accomplished.
In accordance with the provisions of ORS 279.575, upon written request of the
contractor, the owner will deposit amounts withheld as retainage in an interest
bearing account in a bank, savings bank, trust company, or savings association for
the benefit of the Owner. Interest shall accrue to the contractor.
If the owner incurs additional costs as a result of the exercise of any of the options
for retainage, the owner may recover such costs from the contractor by reduction of
the final payment. As the work progresses, the owner shall, upon demand, inform
the contractor of all accrued costs.
19. CLAIMS FOR EXTRA COMPENSATION. In any case where the contractor
deems extra compensation is due for work or materials not allowed by the Owner's
representative, the contractor shall in writing notify the Owner's representative of the
contractor's intention to make claim for such compensation before the contractor
PAGE 6 - EXHIBIT A TO CONTRACT (p:rfpffueling exhibit a)
begins the work on which the contractor bases the claim. If such notification is not
given or the Owner's representative is not afforded proper facilities by the contractor
for keeping strict account of actual cost, then the contractor agrees to waive the
claim fore extra compensation. Such notice by the contractor and the fact that the
Owner's representative has kept account of the cost, shall not in any way be
construed as proving the validity of the claim.
Notwithstanding any other notices that are required, in the event contractor
discovers any subsurface, latent or other conditions at the site differing materially
from those indicated in the contract documents, the contractor shall immediately
notify Owner's representative and not disturb them until the Owner's representative
has review such conditions.
20. FINAL INSPECTION, Unless otherwise required, the Owner's representative
shall make final inspection of the work included in the contract within a reasonable
time after written notification by the contractor that the work is completed. If the
work is not approved by the Owner's representative after inspection, the Owner's
representative shall advise the contractor as to the particular defects to be remedied
before final approval and recommendation for acceptance can be made to the City.
21. OWNER'S REPRESENTATIVE. As used in these requirements, the Owner's
representative is the person appointed by the City to represent the City in matters
arising under this contract.
22. RELEASE OF LIENS. As a condition of final payment, the contractor shall submit
to the Owner's representative a notarized Release of Liens and Claims Form, which
states that all sub-contractors and suppliers have been paid in full, all disputes with
property owners have been resolved, all obligations on the project have been
satisfied, all monetary claims and indebtedness have been paid, and that to the best
of the contractor's knowledge, there are no claims of any kind outstanding against
the project. The contractor shall indemnify and hold harmless the City from all
claims for labor and materials furnished under this Contract. The contractor shall
furnish complete and valid releases or waivers, satisfactory to the City, of all liens
arising out of or filed in connection with the work.
23. PRE-CONSTRUCTION CONFERENCE. Prior to receiving a written notice to
proceed with construction, the contractor shall attend a pre-construction conference
to be held at the job site. The conference shall be attend by the contractor, sub-
contractor, and the Owner's representative and other interested parties.
24. PRIOR NOTICE. The contractor shall notify the City 24 hours prior to undertaking
any work outside normal working hours.
25. WORKING HOURS. Normal working hours for City staff are 7:00 a.m. to 4:30
p.m. Monday through Friday excluding holidays.
26 MAINTENANCE OF EXISTING STREETS. The contractor shall clean and
PAGE 7 - EXHIBIT A TO CONTRACT (p:rfp~fueling exhibit a)
maintain existing streets if dirtied or damaged without added payment.
27. PERMITS. Contractor shall obtain and pay for all necessary permits and
licenses, for the construction of the project, for temporary obstructions, enclosures,
opening of streets for pipes, walls, utilities, environmental, etc, as required for the
project. contractor shall be responsible for all violations of the law, in connection
with the construction or caused by obstructing streets, sidewalks or otherwise.
Contractor shall give all requisite notices to public authorities. The contractor shall
pay all royalties and license fees and shall defend all suits or claims for infringement
of any patent right and save the City harmless and blameless from loss on account
of such claims.
28. COMPLIANCE WITH ALL GOVERNMENT REGULATIONS. Contractor shall
comply with all federal, state and local laws, codes, regulations and ordinances
applicable to the Work. Failure to comply with such requirements shall constitute a
breach of contract and shall be grounds for contract termination. Damages or costs
resulting from noncompliance shall be the responsibility of contractor.
28.1. Contractor shall comply with all applicable requirements of federal and
state civil rights and rehabilitation statutes, rules and regulations; and
28.2. Contractor shall not discriminate against disadvantaged minority,
women or emerging small business enterprises in the awarding of subcontracts,
ORS 279.111.
28.3. Contractor shall maintain, in current and valid form, all licenses and
certificates required by law, regulation, or this contract when performing the Work.
28.4. Contractor shall certify that it shall not accept a bid or proposal from
sub-contractors to perform work as described in ORS 701.005 under this contract
unless such sub-contractors are registered with the Construction Contractors Board
in accordance with ORS 701.035 to 701.055 at the time they submit their bids or
proposals to the contractor.
28.5. Contractor shall certify that each landscape contractor, as defined in
ORS 671.520(2), performing work under this contract holds a valid landscape
contractor's license issued pursuant to ORS 671.560.
29. LAWS TO BE OBSERVED. In compliance with ORS 279.318 the following is a
list of federal, state and local agencies of which the City has knowledge that have
enacted ordinances or regulations relating to environmental pollution and the
preservation of natural resources that may affect the performance of the Contract:
PAGE 8 - EXH lB IT A TO CONTRACT (p:rfp~fueling exhibit a)
FEDERAL AGENCIES:
STATE AGENCIES:
Agriculture, Department of
Forest Service
Soil Conservation Service
Agriculture, Department of
Soil and Water Conservation
Commission
Defense, Department of
Army Corps of Engineers
Energy, Department of
Energy, Department of
Federal Energy Regulatory
Commission
Environmental Quality, Department of
Fish and Wildlife, Department of
Environmental Protection Agency
Forestry, Department of
Health and Human Services,
Department of Housing and
Urban Development,
State Lands, Division of
Water Resources Department
Interior, Department of
Bureau of Land Management
Bureau of Reclamation
Geological Survey
U.S. Fish and Wildlife Service
LOCAL AGENCIES
City Councils
County Commissioner, Board of
Labor, Department of
Occupation Safety and Health
Administration
Water Resources Council
30. PREVENTION OF ENVIRONMENTAL POLLUTION. It is mutually understood and
agreed that the Department of Environmental Quality of the State of Oregon has
enacted ordinances and regulations dealing with the prevention of environmental
pollution and preservation of natural resources which ordinances and regulations
affect the performance of the contract. The contractor shall comply with all such
applicable ordinances or regulations in the performance of this contract.
Unless disposition of environmental pollution is specifically a part of this Contract,
contractor shall immediately notify City of any hazardous substances which
contractor discovers or encounters during performance of the work required by this
Contract. "Hazardous substances" are those substances, materials or wastes
regulated in 40 CFR, Part 261 and defined as hazardous in 40 CFR S 261.3. In
addition to notifying City of any hazardous substances discovered or encountered,
contractor shall immediately cease working in any particular area of the project
where a hazardous substance has been discovered or encountered if continued
PAGE 9 - EXH I BIT A TO CO NTRACT (p:rfp~fueling exhibit a)
work in such area would present a bona fide risk or danger to the health or well
being of contractor's or any sub-contractor's work force.
30.1. Spill Responsibility Contractor will be held responsible for any and all
releases of environmental pollution during performance of the contract which occur
as a result of, or are contributed by, actions of its agent, personnel, or sub-
contractors. contractor agrees to promptly dispose of such spills or leaks to
satisfaction of the City and proper regulatory agencies in a manner that complies
with applicable federal, state, and local laws and regulations. Cleanup shall be at no
cost to the City.
Contractor shall report all reportable quantity releases to applicable federal, state,
and local regulatory and emergency response agencies. Reportable quantities are
found in 40 CFR, Part 302, Table 302.4 for hazardous substances and in OAR 340-
108 for petroleum products. Upon discovery, regardless of quantity, contractor must
telephonically report all releases to the City. A written follow-up report shall be
submitted to City within 48 hours of the telephonic report. Such written report shall
contain, as a minimum:
30.1.1. Description of items released (identity, quantity, manifest no.,
and all other documentation required by law.)
30.1.2. Whether amount of items released is EPNDEQ reportable,
and, if so, when it was reported.
30.1.3. Exact time and location of release, including a description of the
area involved.
30.1.4. Containment procedures initiated.
30.1.5. Summary of communications about the release contractor has
had with members of the press or State officials.
30.1.6. Description of cleanup procedures employed or to be employed
at the site, including disposal location of spill residue.
release.
30.1.7. Personnel injuries, if any, resulting from, or aggravated by, the
31. LOCATION OF EXISTING UTILITIES. The contractor shall exercise all possible
caution to prevent damage to existing structures and utilities whether above ground
or under ground. The contractor shall notify all utility offices concerned at least 48
hours in advance of construction operations in which a utility's facilities may be
involved. This shall include but not be limited to water, gas, telephone, electric and
television service.
PAGE 10 - EXHIBIT A TO CONTRACT (p:rfp~fueling exhibit a)
31.1. It shall be the responsibility of the contractor to secure field locations for
all existing underground utilities in the project area. The contractor shall maintain
these locations for the duration of the project. The contractor shall bear all costs to
repair damage to utilities directly resulting from the contractor's actions.
31.2 Water and electricity are available adjacent to the job site. The
contractor may obtain water and electricity for construction purposes from the City of
Ashland. The contractor shall provide all facilities and pay all costs. No water may
be distributed except through a hydrant meter. Meters are available through the
Ashland Utility Office upon payment of a deposit.
32. BARRICADES AND SIGNS. The contractor shall provide, erect and maintain all
necessary barricades, signs, danger signals and lights for the protection of the
public.
33. FINAL CLEAN-UP. Upon completion of the work and before acceptance and
final payment shall be made, the contractor shall clean up and remove from the
right-of-ways, easements, and adjacent properties all surplus and discarded
materials, rubbish, temporary structures and debris of all kinds. The contractor shall
tear down and remove all buildings and other construction structures erected by or
for the contractor or by or for sub-contractors or employees, whether the same be
on the street or on privately owned property and whether the title to the buildings or
structures does or does not rest with the contractor. The contractor shall restore in
an acceptable manner all property, both public and private, which has been
damaged during the prosecution of the work, and shall leave the street and adjacent
easement in a neat and orderly condition throughout its entire length.
34. REPLACEMENT OF DAMAGED PAVEMENT. Any pavement or roadway
surfacing which is distributed or damaged as a result of operations of the contractor
shall be repaired or replaced by the contractor at the contractor's own expense with
material equivalent to the existing pavement and to the satisfaction of the Engineer.
35. NOISE CONTROLS. The contractor shall at all times eliminate noise to the
maximum practicable extent. Air compressing plants shall be equipped with
silencers, and the exhaust of all gasoline motors or other power equipment shall be
provided with mufflers. Special care shall be used to avoid noise or the nuisances,
and the contractor shall strictly observe all federal, state, and local regulations
concerning noise.
36. WORKING HOURS. Except in the event of an emergency, no work shall be done
between the hours of 6:00 p.m. and 7:00 a.m., or on weekends. If the proper and
efficient prosecution of the work requires operations during other hours, the written
permission of the Owner's representative shall be obtained before starting such
items of the work.
37. PROTECTION OF WORKERS. The contractor shall comply with the current
safety standards of applicable building and construction laws and codes, including
PAGE 11 - EXHIBIT A TO CONTRACT (p:rfp~fueling exhibita)
the "Manual of Accident Prevention in Construction" published by the Associated
General Contractors of America, and the United States Department of Labor
(Occupational Safety and Health Administration) Safety and Health Regulations for
Construction, 29 CFR 1910, as revised November, 1978, and the Oregon
Occupational Safety and Health Code, OAR Ch. 437, Div. 3 Construction. The
contractor shall be solely and completely responsible for all persons and property
during performance of work. These requirements shall apply continuously and shall
not be limited to normal working hours. The contractor shall maintain at a well-
known place at the job site all articles necessary for giving first aid to the injured
and, before employees shall be permitted to work at the job site, the contractor shall
make standing arrangements for the immediate removal to a hospital or to a doctor's
care of persons, including employees who may be injured on the job site.
PAGE 12 - EXHIBIT A TO CONTRACT (p:rfp\fueling exhibit a)
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Bond Number: 5955357
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
Bergeson-Boese & Associates, Inc.
65 Centennial Loop, Eugene, OR 97401
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and,
F~st National Ins. Co. of America
4101 S. W. Kruse Way, Lake Oswego,
OR 97035
(Here insert full name and address or legal title of Surety)
asSurety, hereinaftercalledSurety, areheldandfirmlyboundunto
City of Ashland
20 East Main, Ashland, OR 97520
{Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of
O~e Hundred Sixty ThIee Thousand Six Hundred Twenty-Three and 00/100
Dollars ($163,623 . 00
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Bergeson-Boese & Associates, Inc.
Contractorhasby writtenagreementdatedoc~obe~ 13
S~orage Tank Upgrade Services @ Ashland
Center and Ashland Municipal Airport
~998,enteredintoacontractwithOwnerfor
Service
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
WCA-1219A ' PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND ' AIA (~
FEBRUAPY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., NW., WASHINGTON,D.C.20006 I
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A31 !
Bond Number: 5955357
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULLAND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
Bergeson-Boese & Associates, Inc.
65 Centennial Loop, Eugene, OR 97401
(Here insert full name and address or legal title of Contractor)
asPrincipal, hereinaftercalledPrincipal, and,
First National Ins. Co. of America
4L01 S. W. Kruse Way, Lake Oswego,
OR 97035
(Here insert full name and address or legal title of Surety)
asSurety, hereinaftercalledSurety, areheldandfirmlyboundunto
C~ty of Ashland
20 East Main, Ashland, OR 97520
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of One Hundred Sixty-Th,ee Thousand Six-Hundred Twenty-Three and 00/100
(Here insert a sum equal to at least one-half of the contract price) Dollars ($ 163 , 623 . 00 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Bergeson-Boese & Associates, Inc.
Principalhasbywrittenagreementdated octobei 13 199u ,enteredintoacontractwith Ownerfor
S~orage Tank Upgrade Services e Ashland Service
Center and Ashland Municipal Airport
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
WCA-1220A · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · AIA(~
FEBRUARY 1970 ED. ' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006 3
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lit' o:i :iuatuat'd a:,lt'tu Ap. dtuoJd ii~qs iPdpu!Jd j! 'wq:i qons s! NOIJ.VDll~O SIHI JO NOIIICINO2) ]HI ']hlOJ]N]Hl 'A'\ON
4333 Brooklyn Avenue N.E.
Seattle, WA 98105
KNOW ALL BY THESE PRESENTS:
POWER OF
ATTORNEY
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
4333 BROOKLYN AVE NE
SEATTLE, WASHINGTON 98105
No. 9685
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, Washington corporation, does hereby appoint
***"*~PAT CELLERS; ROBERT A. BALLIN; LARRY ~. BUCK; PEGGY HUFFMAN; STEVEN J. HANSON; BEVERLEY
VERBANIC; Eugene, Oregon
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL
INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at
its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 04 day of September , 19 93
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however.
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws. and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I. R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of
the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
S- 10491EP 11195
CITY OF
ASHLAND
CITY HALL
ASHLAND, OREGON 97520
NOTICE OF TRANSMITTAL
TO:
BARBARA CHRISTENSEN
JILL TURNER
KARl OLSON
DATE:
PROJECT:
JOB NO.:
SUBJECT:
OCTOBER 9, 1998
FUEL TANK UPGRADES
97-44
CONTRACT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Barbara - Original Contract, performance bond for filing
Jill - Copy of contract and bonds and insurance certificates
Kari - Requisition No. 0643 and copy of contract and bonds
ENCLOSED
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Paula Brown
Department of Public Work~ /
Engineering Department
By: Jim Olson /' '/ -
Title: Engineering Services IVl'anager
G:Dawn\Engineer\Project~97-44 NOT Contract & Bonds.wpd