HomeMy WebLinkAbout2010-017 Contract - Professional Underground SVCS CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this 14 day of January, 2010, between the City of Ashland, "City and
Professional Underground Services, Inc. "(Contractor
City and Contractor agree:
1. Contract Documents: This contract is made as a result of a Special Procurement,
(Intermediate Procurement) as approved by City Council on January 5, 2010 for the
Underground Boring Project (I5/Exit 14/Hwy 66 Relocation of electric facilities from overhead
to underground). Contractor was awarded the bid as the lowest bidder; a copy of the bid proposal
is attached hereto as Exhibit A and incorporated herein by this reference. This contract and
attached exhibits constitute the entire agreement between the parties. No waiver, consent, or
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.
2. Scope: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The contract is effective after
execution by both parties. The time certain by which all work under the contract must be
completed is March 15, 2010. Time is of the essence. Failure to meet the completion date will
result in liquidated damages of $150.00 per day payable to the City until project is completed.
The following exceptions, alterations, or modifications to the contract documents are
incorporated into this contract:
3. Price Payment: City shall pay Contractor amounts earned under the contract.
Payment under this contract shall not exceed $75,665.86 ($73,462.00, plus $2,203.86 for
bonds). All payments will be made at the times and in the manner provided in the contract
documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution
of the contract and prior to doing any work under the contract, furnish bonds to the City of
Ashland in a form and with a surety satisfactory to City in the penal sum of $73,462.00
conditioned upon the faithful payment and performance of this contract upon the part of the
Contractor as required by ORS 279C.380.
5. 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
2009 Special Procurement, Professional Underground Services, Contract, Page 1 of 6
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
approximately caused by the negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
6.1 General Liability. A comprehensive 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 $1,000,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis.
6.2 Worker's Compensation. 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.
6.3 Automobile Liability. Automobile liability insurance with a combined single
limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and
Property Damage, including coverage for owned, hired or non -owned vehicles, as applicable.
The City of Ashland, its officers, employees and agents shall be named as additional insureds on
each required insurance policy. Contractor shall submit certificates of insurance acceptable to the
City with the signed contract prior to the commencement of any work 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. 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.
7. Compliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State
of Oregon. Contractor shall promptly observe and comply with all present and future laws,
orders, regulations, rules and ordinances of federal, state, City and city governments with respect
to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520
and 279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs
work under this contract shall be paid at least time and a half pay for all overtime in excess of 40
hours in any one week, except for persons who are excluded or exempt from overtime pay under
ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor
has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier
insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a
2009 Special Procurement, Professional Underground Services, Contract, Page 2 of 6
self insured employer, Contractor shall provide City with a certification from the Oregon
Department of Insurance and Finance as evidence of Contractor's status.
7.4. 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
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.
8. Default: A default shall occur under any of the following circumstances:
8.1If 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.
8.2 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 forty -eight (48) hours, or shall make an assignment for the benefit of
creditors.
8.3 From any other cause whatsoever, shall not carry on the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any
license, certificate or certification that it required to perform the Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: 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 prosecution of the work from 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 contract, 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 received the difference less any damages for
delay to which the City may be entitled. In case such expense shall exceed the sum which would
2009 Special Procurement, Professional Underground Services, Contract, Page 3 of 6
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.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual
consent of both parties.
10.2 City's Convenience/Rock Boring Contingency. This contract may be
terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or
in person. In addition, if the bore results in discovery of rock such that rock boring equipment is
required, the City has the option to immediately suspend the contract work and may terminate
the contract thereafter. If the City decides to proceed despite the need for rock boring
equipment, the City and Contractor shall agree to the additional work before any work is
continued.
10.3 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:
a. 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;
b. 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
c. If any license or certificate required by law or regulation to be held by
Contractor to provide the services required by this contract for any reason denied,
revoked, suspended, or not renewed.
10.4 For Default or Breach.
a. 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 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.
b. 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.
c. The rights and remedies of City provided in this subsection (10.4) are not
exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
10.5 Obligation/Liability of Parties: Termination or modification of this
contract pursuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any
obligations or liabilities or either party already accrued prior to such termination or modification.
However, upon receiving a notice of termination (regardless whether such notice is given
2009 Special Procurement, Professional Underground Services, Contract, Page 4 of 6
pursuant to subsections 10.1, 10.2, 10.3 and 10.4 of this section, Contractor shall immediately
ceased all activities under this contract, unless expressly directed otherwise by City in 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.
11. 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.
12. Prevailing Wage Rates: The Contracting Agency shall pay a fee equal to one -tenth of
one percent (contract amount x .001) of price of this Contract. The fee shall be paid on or
before the first progress payment or 60 days from the date work first begins on the Contract,
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 Industries
Wage Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
13. Living Wage Rates: If the amount of this contract is $18,088.00 or more, and
Contractor is not paying prevailing wage for the work, Contractor must 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 must post the attached Living Wage notice
predominantly in areas where it will be seen by all employees.
14. Assignment and Subcontracts: Contractor shall not assign this contract without the
written consent of City. Any attempted assignment 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.
15. Goveming 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
2009 Special Procurement, Professional Underground Services, Contract, Page 5 of 6
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.
16. MERGER CLAUSE: 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.
16. Prior Approval Required: Approval of the City of Ashland Council or Public Contracting
Officer is required before any work may begin under this contract.
CONTRACTOR CITY OF ASHLAND
By: By: as
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Signature Lee Tunebeig
C/` ^p Finance Director
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Printed Name REVIE AS TO COVEN
Its: o t By: (".6 -ate
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Comliany Name
BY: t
Address: 70 .4,/ 7/,c// Legal Depart Qr Date: 7Ow
,aornl `7, 574(OZ Coding:
(For City use only)
2009 Special Procurement, Professional Underground Services, Contract, Page 6 of 6
I s,� �e` IM r �fes�nacv erg��sl es Inc.
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YrorizontarvirectionarDrifng Specialists
January 14,2010
Bid Proposal
City of Ashland
Electrical Department
1 -5 exit 14 at Hwy 66 Crossing
Attention Dave Tygerson
Revised
This Quote Includes:
1) Mobilization and demobilization.
2) Bore and pull 3 -4" and 2 -2" sdr 13.5 approximately 1000 feet.
Notes:
1) Price is contingent on not having to utilize rock equipment.
2) Customer to gain construction access or easements as needed.
Exclusions:
1) Permits and-Bretrcls -any work beyond the bore.
$73462
Performance /Payment bond 3 $2203.86
Authorized Signature:
Matthew C. Powell/ President
Acceptance of proposal- the above prices, specifications and conditions are
satisfactory and hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above. A 2% late charge will be assessed on all
past due invoices. This proposal good for 30 days.
Date of acceptance: Signature:
Printed Name:
Performance North American Specialty Insurance Company
Bond Manchester, New Hampshire 03101
Bond No. 2095550
KNOW ALL MEN BY THESE PRESENTS:
That Professional Underground Services, Inc.,
(Insert name and address, or legal title, of contractor)
as Principal, hereinafter called Contractor, and North American Specialty Insurance Company, a New Hampshire
Corporation,as Surety, hereinafter called Surety, are held and firmly bound unto City of Ashland,
(Insert name and address, or legal title, of owner)
as Obligee, hereinafter called Owner in the amount of Seventy Three Thousand Four Hundred Sixty -Two and No /100's
Dollars ($73.462.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated January 14, 2010, entered into a Contract with Owner for
15 /Exit 14 /Hwy 66 Relocation of Electric Facilities from overhead to underground.
in accordance with drawings and specifications prepared by City of Ashland
(Insert full name and title)
which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having
performed Owner's obligation thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid for submission to Owner for completing the Contract in accordance with its terms and
conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract
between such bidder and Owner and make available as work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to
Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which Contractor
ceases work on the Contract.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs, executors, administrators or successors of Owner.
Signed this 19th day of January, 2010.
Professional Underground Services, Inc. (Principal)
By: r RraiLA
A0 V. a c.
(Title)
North erican S ialty Insurance Company
By:
Bonnie Riddle, A orney -in -Fact
BND 143 REV (05/95)
sr -rx- ."r.':z
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington lntemational
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
ROBERT LAGLER and BONNIE RIDDLE
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s )-in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24 of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attomey named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
ary
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dal `SEAL to Steven P. Amiens., es. ndEcec.hin Officer el W Wigs. l.trrvlsal l.can.ce Company
1 971 N b: 0 l� SuYr Vice President of North Ameri.aSpecialty SEAL
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Dacia M layma., Seir Vat Pre;rea K W Wiarte. laeuaatral bowman Company
Y Imitate of North American Specialty 6erance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have eaused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 3 day of September 2008
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss'
On this 3 day of September 2008 before me, a Notary Public personally appeared Steven P. Anderson President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman
Senior Vice President of Washington International Insurance Company and Vice President at North American Specialty Insurance Company,
personally known to me, who being by me duly swum, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective comoanies.
'OFFICIAL. SEA?
DONNA D. SKIERS
o f e N attha.0
Notary NW. State of aGro¢
1.4 Commission &ai s 14%2011 Donna D. SUens, Notary Public
I, Janes A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 19T1hay of JANUARY 20 10
J ana A Carpenter Vice President Assistant Secretary el Wuhinge,' Intmuueal Imumcc Company I-
Ninth Amerman Specialty I surancc Company
y 3,,s.^ .J y ._.n,- z,
s .�?+.�.'.a:kr. G4 �v�,. .....ham: -�'-3 t ny L� wr y -r .,a.'f?. z S
Labtr,ard
Material North American Specialty Insurance Company
Payment Manchester, New Hampshire 03101
Bond
NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND
FAITHFUL PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS:
That Professional Underground Services, Inc.,
(Here insert the name and address, or legal title, of the contractor)
as Principal, hereinafter called Principal, and North American Specialty Insurance Company, a New Hampshire Corporation, as Surety,
hereinafter called Surety, are held and firmly bound unto City of Ashland
(Here insert the name and address, or legal title, of the owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of
Seventy Three Thousand Four Hundred Sixty -Two and No /100's Dollars ($73,462.00), for the payment whereof Principal and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated January 14, 2010 entered into a Contract with Owner for 15 /Exit 14 /Hwy 66
Relocation of Electric Facilities from overhead to underground in accordance with drawings and specifications prepared by City of Ashland.
(Here insert full name and title)
which Contract is by reference made a part hereof, and is hereafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall
be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with the sub contractor of the Principal for labor,
material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that
part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined
who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or
labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant in the name of
the Owner, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon, provided, however,
that the Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant.
a) Unless claimant shall have given written notice to any two of the following: The Principal, the Owner, or the Surety
above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage
prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of
business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such
service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which Claimant ceased work on said Contract.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in
which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is
situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,
inclusive of the payment by Surety of mechanics liens which may be filed or record against said improvements, whether or not claim for the
amount of such lien be presented under and against this bond.
Signed this 19th day of January, A.D. 2010.
Professional Underground Services, Inc. (Principal)
By: /crT
Mo�k1uJ Rowtt\ (Title)
North merle pecialty Insurance Company d
By: ""`t/
Bonnie ddle, ttorney -in -Fact
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
ROBERT LAGLER and BONNIE RIDDLE
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s )-in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors m f both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24 of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTI]ER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
J fyurt
3 6 TY �tr G �9oNA:
=if By oaP
a; SEAL 42; Shea Y. Anderson, Praidest Clic(Eaaatrrt Officer el W Winona lnaraatioonl l non Company i s..
E Wi "73 t'iOF Senor Vice Prnideel H North nineties* Specialtylaturaxtcom p 2i SEAL
j j �'i0 c Paq I Ot T
'atlalWaax By ;,4"
Dash M layman, SerarY PresitiesicWasitiastee tataaaa..ri lama Company
Vice prtaideat er Noah American Specialty lawman Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September 2008
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page u
On this 3 0 1 h day of Septernber 20 08 before me, a Notary Public personally appeared Steven P. Anderson President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective comoanies.
"OEFF0.AL56A1'
DONNA D. S(LENS f Ov✓R4 x s.4
Notary Public, Siam of Minis
r Mytxmmissioa Expires IROS1011 Donna D. Sldens, Notary Public
I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
I14 WITNESS WHEREOF, 1 have set m y hand and affixed the seals of the Companies this 19 T ay of JANUARY 20 1 O
lane A Carya ta, Vice Presidia* Ass/runt Seamy of Washington Sumuuaal Laurance Company t
North Amaimn Specialty Luvne Company
Jan 21 2010 1:3OPM •PHX SURETY AGENCY 3608925871 p.1
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/UU/YYYY)
01/21/2010
PROOUCEa (360) 892 -5840 THIS CERTIFICATE IS 159UED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Post Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1499 SE Tech Center Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 150
Vancouver WA 98683- INSURERS AFFORDING COVERAGE NAIC p
INSURED INSURER A: Ameri Can Fire Casualty
Professional Underground Services, Inc. INSURER B:OhiO Casual Ins Co
P.O. Box 2641 INSURER C:
INSURER D:
Eugene OR 97402- INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I SSUED 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.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER DA PDA
DATE (MDD)YY) DATE (MMMJDD)YY
TR IN MI
LIMITS
GENERAL UABIUTY SRA 10 53637030 07/22/2009 07/22/2010 EACH OCCURRENCE 0 1,000,000
E (Ea COMMERCIAL GENERAL LIABILITY DAMAGES RENTED 100,000
DAMAGRENT occurrence) 6
A CIAUMS MADE 1 X 1 OCCUR MEO EXP (ArV me paean) 6
10,000
PERSONAL 6AOV INJURY 9 1,000,000
1 GENERAL AGGREGATE 9 2,000,000
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS DOMP/OP AGG 0 2,000,000
POLICY n P e' n Loc
AUTOMOBILE LIABILITY BAA 10 53637038 07/22/2009 07/22/2010 COMBINED SINGLE LIMIT
X ANY AUTO (E14 ecciden0 1,000,000
A III ALL OWNED AUTOS BODILY INJURY
1. SCHEDULED AUTOS (Perpersan) 5
HIRED AUTOS BODILY JURY
NON-OWNED AUTOS (Per accident) 0
III. PROPERTY DAMAGE 5
(Per aceEenl)
GARAGELIABILITY AUTO ONLY• EA ACCIDENT 2
ANY AUTO OTHER THAN EA ACC
AUTO ONLY: AGG
EXCESSNMBREL LIABILITY U50 10 53637039 07/22/2009 07/22/2010 EACH OCCURRENCE 9 5,000,000
A
OCCUR I CLAIMS MADE AGGREGATE 5 5,000,000
5
DEDUCTIBLE
RETENTION S I
gTTpp IIJJ TI{
W COMPENSATION WORKERS COMPENSATN AND I TWC ORY LIMTITS I ITN
DE
EMPLOYERS LIABILITY
ANY PROPRIETOWPARTNER/EXECUTIVE EL. EACH ACCIDENT 6
OFFICER/MEMBER EXCLUDED7 E. L. DISEASE EA EMPLOYEE 6
X yes, de,orte under
SPECIAL PROVISIONS Clow EL DISEASE. POLICY LIMIT 6
OTHER inland Marine BATA 09 53637038 07/22/2009 07/22/2010 Rented /Teased 575,000
A Scheduled 742,523
Deductible 500
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSI ORS ADDED BYENDORSEMENT /SPECIAL PROVISIONS
RE: I5 /Exit la /Hwy 66 relocation of electric facilities from overhead to underground.
The City of Ashland is included an an additional insured with respects to the operation of the named insured.
CERTIFICATE HOLDER _CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRI EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
City of Ashland FAILURE TO DO SO ALL IMPOSE RO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
90 N Mountain Ave INSURER, IT. AG. T' OR REPRESENTATIVES.
AUTHORIZE. R= I AT1VE
Ashland OR 97520 T.
AQORD 25 (2001/08) CACORD CORPORATION 1988
INS02S (O 0a). s Pago 1 o12
.lan 21 2010 1:3OPM PHX SURETY FIGENCY 3608925871 p.2
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE IMMJDDTYYYY)
01/21/2010
PRODUCER (360) 892 -5840 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Phoenix Surety Agenoy, ONLY AND, CONFERS NO RIGHTS UPON THE CERTIFICATE
6 Insurance y, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1499 SE Tech Center Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 150
Vancouver WA 98683- INSURERS AFFORDING COVERAGE NAIC
INSURED INSURERA S aif Corporation
Professional Underground Services, Inc. INSURERS:
P.O. Box 2641 INSURER E:
INSURER 0:
Eugene OR 97402- INSURER E:
COVERAGES
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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR AN8HD TYPE OF INSURANCE POLICY NUMBER POLICY DATE (MM /D /YY) F DATE IMMIDOIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE 4
COMMERCIAL GENERAL LIABILITY DAMAGEE TTO RENfEO
PREMI6E6 fEe ocane 1
1 CLAIMS MADE [1 OCCUR MED EXP (Any ono person) 4
PERSONAL a ADV INJURY
GENERA. AGGREGATE 9
GENLAGGREG LIMIT A PER: PRODUCTS COMP /OPAGG 4
1 POLICY I Of I I LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Eeaccjdag) 4
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Pe parson) 4
HIRED AUTOS BODILY INJURY
NON -0WNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accklenI)
GARAGEUABILITY AUTO ONLY EA ACCIDENT I
ANY AUTO OTHER THAN EA ACC
AUTO ONLY: AGG 4
EXCESS/UMBRELLALIABILITY EACH OCCURRENCE 4
7 OCCUR 0 CLAMS MADE AGGREGATE 9
DEDUCTIBLE 4
RETENTION S 4
A WORKERS COMPENSATIONAND 979794 10/01/2009 10/01/2010 X IT 3(WBI I°
EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNER,EXECUTVE E.L. EACH ACCIDENT 4 1,000,000
OFFICER/MEMBEREXCLUDED? EL. DISEASE -EA EMPLOYEE 4 1,000,000
lives, Ewaloeunder
SPECIAL PROVISIONS baba EL. DISEASE POLICY LIMIT _4 1,000,000
OTHER
DESCRIPTION OF OPERATIONLLOCATIONSNEHICL ES /EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
R8: I5 /Exit 14 /Hwy-66 relocation of electric facilities from overhead to undorground.
Verification of Coverage.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT
City of Ashland FAILURE TO DO SO S LL IMPOSE NO OBUGATION OR LIABILITY OF ANY NINO UPON THE
90 N Mountain Ave INSURER, RB R REPRESENTATIVES.
AUTHORIZE PR ATVE
Ashland OR' 97520
tCORD 25 (2001/08) m ACORD CORPORATION 1988
NS025 preps Page I of 2
Page 1 1
>FTY RECORDER
1,4 C ITY OR F
D
'A SH L AN ;:ti "DATE; '1 PO NUMBER
VMS E MAIN ST. 1/21/2010 09397
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 014906 SHIP TO: Ashland Electric Department
PROFESSIONAL UNDERGROUND SVCS (541) 488 -5354
PO BOX 2641 90 N MOUNTAIN
EUGENE, OR 97402 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Scott Johnson
Special Inst: Confirming? No
#,Quantityct FUhit .c r Description 1 i%. C UnitPnce ?Ext.P,rfce�a'�:�
Bore and install conduit underneath 15 75,665.86
A Exit 14, Special Procurement approved
by City Council on January 5, 2010
Contract for Public Works Construction
Beginning date: February 1, 2010
Completion date: March 15, 2010
Insurance certificates required /On file
Performance Bond
Labor and Material Payment Bond
SUBTOTAL 75.665.86
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541 552 -2028 TOTAL 75,665.86
ASHLAND, OR 97520
„Account Number 'tr Number Amount Account Number .:ProjecfNumber ;;,a
E 690.11.18.00.70410C E 000197.999 75,665.86
thorized §gg §ignature VENDOR COPY
FORM #10 1 CITY OF
CONTRACT APPROUAL REQUEST FORM
ASHLAND
Description of GOODS SERVICES or PERSONAL SERVICES Total Amount
Contractor/Consultant:
d
Per attached contract
PUBLIC CONTRACTING REQUIREMENTS Solicitation Process
Exempt from Competitive Bidding Invitation to Bid (Copies on file) Emergency
Reason for exemption: Written findings attached
Quote or Proposal attached
Small Procurement Personal Services Request for Proposal (Copies on file) Cooperative Procurement
Less than $5,000 Please check one: State of Oregon
Note: Total contract amount, including any Goods Services Contract
amendments may not exceed $6,000 Personal Services State of Washington
Contract
Intermediate Procurement Sole Source Other government agency contract
GOODS SERVICES Written findings attached Agency
$5,000 to $75,000 Quote or Proposal attached Contract
(3) Written Quotes Interagency Contract
PERSONAL SERVICES L 5 �recial Procurement ne-' Agency
$5,000 to $75,000 (Written findings attached Contract
(3) Written Proposals 12—'Quote or Proposal attached e z _Q.
O/-O5: 2o r C.)
Have all public contracting requirements been satisfied? YES_�,,--- NO
If "NO Council approval is required. Council approval received on (Date)
Have funds been budgeted for the purpose of this contract? YES C_ NO
If "NO Council approval is required. G Council approval received on (Date)
Please provide: Account Number 1 a lV 7g 490_7Ofrz d-0
Is the amount of the contract less than $25,000? YES NO C--
If "NO Legal review is required. Contract was "Approved as to form" by the Legal Department on (Date)
Is the amount of the contract less than $75,000 for Goods Services
or $50,000 for Personal Services? YES NO
If "NO Council approval is required. Council approval received on A me O(Date)
Is the contract for a period of 24- months or less? YES NO
If "NO Council approval is required. Council approval received on (Date)
Please provide terms: Start date 2 r Coompletlon date: o. —7 .--d r U
Can the contract be terminated for convenience thirty (30) or fewer days
following delivery of written notice to the contractor? YES NO
If "NO Council approval is required. Council approval received on (Date)
i l Please circle:
Prepared by: a CCCYYY lll����� Approved 1 Not Approved
Department: s C� S
W Lee Tuneberg
Date: t� c .77 c-# (0 Date: /LZ U
Form #10 Contract Approval Request Form, Page 1 of 1, 1/21/2010
CITY OF
A request for a Purchase Order ASHLAND
REQUISITION FORM
Date of Request: 1/21/2010
THIS REQUEST IS A:
Change Order(existing PO Required Date of Delivery/Service:
Vendor Name Professional Underground Services
Address P 0 Rnx 7641
City, State, Zip Fugene. Oregon 97402
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement Sole Source Invitation to Bid
Less than $5,000 Written findings attached (Copies on file)
Quotes (Optional) Quote or Proposal attached
Cooperative Procurement Request for Proposal
State of OR/WA contract (Copies on file)
Intermediate Procurement Other govemment agency contract Special 1 Exempt
(3) Written Quotes Written findings attached
(Copies attached) Copy of contract attached Quote or Proposal attached
Contract El Emergency
Wntten findings attached
Quote or Proposal attached
Description of SERVICES Total Cost
r C
y R 1 y] f
75,665.86-
Per attached PROPOSAL See attachment L T *i: a
Item Quantity Unit Description of MATERIALS Unit Price Total Cost
L: TOTAL COST-„
Per attached QUOTE
Number 000197.999
Account Number 690.11.18.00.704100
`Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, 1 certify that the information provided above meets the City of Ashlandpicontiacting requir men
and the documentation can be provided upon request.
Employee Signature: Supervisor /Dept. Head Signe e:
G: Finance\ProcedurelAPF ormsl8_ _Requisition form revised.doc Updated on:1/21/2010