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Home My WebLink About2007-269 Contract - Pilot Rock Excavation 10/08/2007 16:33 5418583291 BARRETTBUSINESS PAGE 02 January I, 2007 EEB A__-. '<-""" Rand LeBaron Pilot Rock Excavation Inc. 650 East Pine Street Suite 102B Central point OR 97502 Re: Barrett BusineSG Services, Inc. Letter of Self-Insurance for Workers' Compensation Plan 8100 ME I'lIIkway on.., Sui1e 200 Vancaun" WI.ll..oglon 98662 360.828.07110 800.494.5669 Dear Mr. LeBaron: r.x 360.828.0701 The purpose of this letter is to provide documentation regarding Barrett Business Services' Self-Insured Workers' Compensation Plan. Barrett has been a qualified self-insured employer for workers' compensation continuously in Oregon since 1987, in WaShington, Maryland and Delaware since 1994 and in California since 1995. Our cla.ims are managed by our third-party administrators, CorVel Enterprise Comp, Inc., dba Hazelrigg Risk Management, SISCO, or Self Administered depending on your location or type of claims. www.borrettbusiness.com As the named addressee of this letter, your company's required workers' compensation coverage is provided through Barrett's Self-Insured Plan. Our covered California customers can also verify our state certification at www.dir.ca.qov./SIP/sip.html; then, in the middle of the page under "Rosters", click on Private self insured employers; then scroll down to Barrett (the list is alpha by company name.) Additional information is as follows: Self-Insurance Certification Number: California: Oregon: Washington: Delaware: Maryland: 2246 1068 706,1l6 152 I1365 Other Comments: Our Excess Workers' Compensation Insurance Carrier and Policy Number are as follows: National UnionlAmerican International Group (AIGl, Policy No. WCKS07-3 in conjunction with Policy No. 460-0723, effective date: 1/1/2007 through 1/1/2008. For additional information, please contact your local Barrett office. Very truly yours, V1M.L(jJ~M--1 Michael D. Mulholland Vice PreSident-Finance BBSI Office: Medford 16/68/2667 16:33 5418583291 BARRETTBUSINESS PAGE 61 BARRETT BUSINESS SERVICES, INC FACSIMILE TRANSMITTAL SHEET TO, ~N 1.IhH& OOMP6.,er.v 411tMh FAX Nl.lMBER: -f'!P-6tJtJ~ PHoNE NlJMIlER, PROM, '~-~~Iu D^'I'R:~ /b-?~ 7 TOTAL NO. OF PAGES INCLUDING COVER, SENDER'S R!I'EI\!NCl! NlJMIlER, RE, YOUR REFERENCE NtJMIll!R. o Ul\CllNT 0 FOIlIlEVIEW 0 PLEASIl COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: 115 STEWART AVENUE SUITE 102 MEDFORD OR 97501 783 NE 7nI STREET GRANTS PASS OR 97526 (541) 772-5469 OR (541) 471-7828 FAX (541) 772-7446 ~~ CERTIFICATE OF LIABILITY INSURANCE I DAlElJIIOOOI'N) 1010812007 PRODUCER Serial # B1786 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GERALD D. SIMMONS INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2551 PINEHURST DRIVE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MCMINNVlLLE OR 97128 INSURERS AFFORDING COVERAGE PHONE 503-883-1234 "SURED PilOT ROCK EXCAVATION. INC INSURER A: LEXINGTON MARYLAND CASUAL TV --------. .~~~- 650 E PINE STREET SUITE 102B INSURER B: _._--~--------~--- ......_-- CENTRAL POINT 97502 INSURER C: .. -.-.-.------- ..---- .'----- INSURER 0: . _.~,_..- -.----.-- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IssueD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NQ'TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'MilCH 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 S~~WN...~Y HAVE BE~N REDUCED BY PAID CLAIMS. ... r------ . . ~.- INSR T'YPE OF INSURANCE POUCY NU.eR POUCY EPFEC1'NE ~ EXPIRAllON IMTS ~NERAL LIABIUlY EACH OCCURRENCE -- .,-.....!BQ2,()ll2.. A x COMMERCIAL GENERAL LIABILITY 41-LX-9272518-O 9/1512007 9/1512008 FIRE DAMAGE (Any cne fire) $ 100.000 I CLAIMS MADE [K] OCCUR _ MED EXP (Any one person) $ 10.000 PERSONAL & AOV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2,000.000 h'L AGG~n UMIT APnS PER: PRODUCTS. COMP,(JP AGG $ 2.000.000 POLICY ':'~.Q: LOC ~LEUABlUTY SCP 042567876 9/15/2007 9/1512008 COMBINED SINGLE LIMIT $ 1,000.000 B (Eaac:ddent) I- Atff AUTO 1-------..- _..._--"-- ----- I- ALL O'MJED AUTOS BOOIL Y INJURY $ 0- SCHEDULED AUTOS (Per person) 0- HIRED AUTOS BODILY INJURY $ 0- NON..QWNED AUTOS (Paracddll'll) I- PROPERTY DAMAGE $ (Peracddent) ~__ UAmUTY AUTO ONLY - EA ACCIDENT $ ---.- ANY AUTO OTHER THAN EAACC e!-.-~-.-- AUTO ONLY: AGG $ :=JESS UABIUTY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE -- $ ...".-..---".--- --. RETENTION $ $ WORKI!RS COMPENSATION AND I T~~ LA~I'fs 1 _.11t -.---..-.. ._---~ EM~ UABIU1Y E.L. EACH ACCIDENT _.___ !.._._~._--~-- E.L. DISEASE - EA EMPLOYE~ $ E.L. DISEASE - POliCY LIMIT $ OTHER DESCRJPlION OF OPERAlIONS/I..OCAnoNMIEHtC~S ADDED BY ENOOASElENllIPECIAL PROVISIONS CITY OF ASHLAND OREGON, ITS OFFICERS. EMPLOYEES AND AGENTS ARE ADDITIONAL INSURED IF REQUIRED BY CONTRACT CERTIFICATE HOLDER II ADIlI110NAL IN....... "SURER InTER, CANCELLATION SHOULD ANYOF' lMEABOVE DESCRtBED POUCESBE CANCELJ.ED BEFORE TIE EXPlRA110N CITY OF ASHLAND OREGON DATE THEREOF, THE tsStINO INSURER WIJ. ENDEAVOR to MAIL ~ DAYS WRITTEN 20 E _MAIN STREET N011CI! 10 lME CERl1FJCAlE HOLDER NAMED 10 lItE LEFT, BUT FAILURE TO DO SO ~ ASHLAND. OR 97520 IMPOSE NO 0BUGA11ON OR UABIJ1Y OF ANY KIND UPON lIE INSURER, ITS AGENtS OR RePRERNTA nvES. . .l.1~ArtlJ"illAIT"nvE GERALDD. SIMMONS INS. ACORD 25-S (7/97) It ACORD CORPORATION 1988 739895P PERFORMANCE BOND Contractor and City have entered into a written contract dated , for the following project: 2007 Utilitv Construction. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: I. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification ofthe Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. POWER OF ATTORNEY n>R DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVIf\;!;:. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that ~XCCpl as CApr(;Ss]y lillliH:d. DEVELOPI::RS SURETY AND INDEMNITY COMPAI\Y and INDl::MNITY COMPANY OF CALIFORNIA, do each. hereby make, c,mslitu\(; and appoint: ***Blaine D. Williamson, Geri M. Burnett, Morag A. Corey, Lori D. Cunningham, Sean Flinn, Eric Englund, jointly or severally*** as their true and lawful Attornl:yls)-in-FacL,1O ll1<lkc, CXl;CUlc, ddiwr and ackn\Jwkdgc, f(H and Oil behalf of said corporations. as sureties. bonds, undertakings and contracts of suretyship giving and granting unto said Allorncy(s)-in-Facl full power und authority to do and to [lcrform every ael ncccSf':'I1Y. requisitc or propcl' to be done in c{lllnectioll therewith ih c::Jch {lfsaid corporations could do. but n;s('rving to each of said corporations full power of subs tit uti Oil and revocation, and al] of the acls of said AtlOrney(s)-in~Fac1. pursuant to these pres.:nts, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority (If the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, etlcclivc as ofNovembcr I, 2000: RESOLVED, thaI the Chainnan oflhe Board, the President and any Vice President of tile corporation he, and Ihat each of them hereby is, authorized to eXt'cute Powers ofAltomey, quulitying the allorney(s) named in the Powers of Allomey to execute. 011 behalf of the corporations. bonds, lltldcrtakillgs and COlllraCls of suretyship; and fhat the Secretary or any Assistant Secretary of the l.'orporatiolls be, and each of them hereby is, alllhorized 10 altestlhe execution of any such Power of Attorney; RESOLVED. FURTHER. thatlhe signalures of sllch officers may be aftixcd to any -"uch Power of Attorney or to any ccrtitkat(; relating thereto by tacsimik', and any such Power of Altorney or certitieate bearing such facsimile signaturc~ shall be valid and binding upon tile ..:orporation when so atlixed and in the future with rc&pect to any bond, undertaking or contract of sun.~tyship to which it is anached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPi\I'\Y and INDEMNITY COMPi\I'\Y OF CALlFORI'\IA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respel.'live S..:crclary this 1st day of Dcc(;mber. 2005 C------~ -- By___ ~) .::.~) David H. Rhodes, Executive Vice-President ......"'''"...,,. ....\'< A.ND I""..... ,"","- ............. ,,"'.... l~ .....;~P01?4>..~.\ :: ,"v <<"'.-~~ lrJf OCT. \~S ~~~ 10 io~ ;')\ 1936 /~j -:..\)lo.... .,' b $ \...,~ .....!OW ~......~~ .... ......Q ........ ~...... """""~""""" By: Walter A. Crowell. Secreta/)' ~~ STArE OF CALIFORNIA ] COUNTY OF ORANGE On December 1,2005 bdl.)]'c me, Gina L. Gamer, Notary Public (here insert name :!nd title of the otlicerj, person:!lly ;lppeared David H. Rhodes and Waltt,1' A. Crowell. personally known to me (or proved to me onlhe basis ofsalisfllctO/)' evidence) to he the person(s) whose name(s) is/are &ubscribed 10 the within instrument and aeknow]edged to me that he/she/they executed the same in hisl11er/lheir authorized capacily(ies), and thm hy his/herltheir signature(s) on lhe instrument the person(s), or the entity upon behalf of whieh the person(s) acted. executed the instmmenl. WITNESS my hand and official seal Signature ~.~~ (SEAL) j' . A & A . ~I~~ ~. ~~~~E~ A J ~Q COMM.#1569561 ~ 5i NOTARY PUBLIC CALIFORNIA :J ~ ORANGE COUNTY " ~ . .MycC?,"!"-e.xp_ire~~_,1_3..2~.) ..........i.iJ..'#". CER'f1FICATE The undersigned, as Assistallt Secretary, ofDEVEL()PERS SURETY Af'\D INDEMf'\ITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby eenify thai tht: ti.lrcgoing Power of Altomey remains in fullli.lfee and has 1101 been revoked, and furthermore, thar the provisions of the resolutions of the respectiw Boards of Directors of said corporations set forth in the Power of At{orncy, are in force as oflhe dat~ of this Certificate. This Certiticate is ext'cuted in lhe City of Irvine, Ca]ifc)mia. the 8 th day of October 2007 By. ~I-- ~ Albert Hil]ebrand, Assistant Secretary ID- I 3RO (Rev. ] 2/05) c -'" '~9 ~ COPY , , < .....~....;. ~ '~'~~::1~:: i "A:~ iN'."-' q.\TI. TORY 1'1 RUe WORKS Ilo'\n ','<i-.' 7':'6P;~::C I t h ,. ,,1' ;l:~pb::\b:<', '.1 P!~O" HOCK FX~:i~\"';\TrON. 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("l:.;':'! :'-' ~- ,Il,'I'lH;:' th... ,.1' ':~al'()ll 11"'.;\l;-:~'~ (,;II\' .tUh:llli\', ~t,~ !';J1n:~,'l1i.JII',\:\ ;~: (:;L: '\t..:..' :,lu,,:-n. '-': \11 '),\\d~ D:\ U);'k; fOTH \.~~;y ('.1 AUGUST ~o 01) '"I', '~r: De~'elO:lt?l:-: Sr.Jiely /H:~ i.-I(:eliinrty C::.rlf).=l',....y P il',.ip;;! :,... Pjior f'<,,':'::K r~XC3<J:;tio;. :n::: ~'cve:'op03;.::; Sure'j P-Il(f 1;;dl::tll,ri;y COf"p.cH'>' 'S':.Ili \-,,1:', ;,'." I,... ,.:',,,,;....,, \-1cl'nq :\, Corev .';';"'i,:I,: /.t,.,'nf'::,'~W'~;';C1 'FI:'. ,,;"-1', ".,.' sl...:nW),"O'l'(k Cuno;:ntctllJ' ('.1Il11 ~dl)l'. IIl1:1nl ~'() UO\ 1-.;J41) >;:111-111, Ol~ 97.lIlC).=,"=-1 r~.I"lllulII~'; (:'03, J-::~--I(.ll ;J", (,'1 .}1{j'i.. !.:r II CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ~ .J.h day of Q- k>,*--, 7607 between the City of Ashland, ("City") and Pilot Rock Excavation, Inc. ("Contractor"). City and Contractor agree: I. Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the 2007 Utility Construction. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract documents, which shall take precedence over the bid. 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 following exceptions, alterations, or modifications to the contract documents are incorporated into this contract: 3. Price & Pavment: City shall pay Contractor amounts earned under the contract. All payments will be made at the times and in the marmer provided in the contract documents. 4. Performance and Pavment 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 $826,416.00 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 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: G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\200S\OS-33 Contract Pilot Rock.doc 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 $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 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. Comoliance 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 anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 V.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 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 G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05-33 Contract Pilot Rock.doc 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.lIfthe 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 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2005\05-33 Contract Pilot Rock.doc ~~-- '-_._--'~---r 10.2 Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. 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 ofthe 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. 1004 For Default or Breach. a. Either City or Contractor may terminate this contract in the event of a breach ofthe 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 (1004) 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 lOA 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 oftermination (regardless whether such notice is given 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 G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05-33 Contract Pilot Rock.doc -~--~-.-1 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 Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) 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 $15,964 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. Before starting Work, the Contractor and subcontractor shall each file with the Construction Contractors Board, and maintain in full force and effect, a separate public works bond, in the amount of$30,000 unless otherwise exempt, as required by ORS 279C.836 and OAR 839-025-0015. The contractor shall verify subcontractors have filed a public works bond before the subcontractor begins Work. 15. 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. Contractor may not substitute any subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written consent of the City, or by following the procedures ofORS 279C.585 and OAR 137-049-0360. 16. Governing Law: Jurisdiction: Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1i2005\05-33 Contract Pilot Rock.doc ~-~-- ..-.-------,.---- 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. 17. 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. 18. Prior Approval Reauired: Approval of the City of Ashland Councilor Public Contracting Officer is required before any work may begin under this contract. CONT~ . //:' BY:~~ Signature ~b4~ Printed Name Its: ~ifi:S / LG"a CITY OF ASHLAND /~'~'7 'By: ~.,j.~ .t'~ ~_ Lee Tuneb Administrative Services Director REVI ORM: REVIEWED AS TO CONTENT: By: ~ ./' /-. Date: Department Head If>pcr 'N"7 Coding: (For City use only) G:\pub.wrks\eng\deptMadmin\ENGINEER\PROJECT\2005\05-33 Contract Pilot Rock.doc Project o. . I QTY. I UNIT UNIT PRICE AMOUNT NO DESCRIPTION (FIGURES) Mobilization and Traffic Control Mobilization $ $10,000.00 Dollars 1 for LS Temporary Work Zone & Traffic Control, Complete $ $2,300.00' 2 for Dollars LS Erosion & Sediment Control $ $1,500.00 for Dollars LS 3 Roadwork Removal of Structures and Obstructions $7,500 $7,500.00 4 for Dollars LS Earthwork $26 $6,292.00' 5 for Dollars 242 CY Subgrade Geotextile Dollars $1.50 $1,090.50 6 for 727 SY Utilities 6" HOPE Storm Drain Pipe $30 $150.00 7 for Dollars 5 LF 12" HOPE Storm Drain Pipe $60 $1,140.00 8 for Dollars 19 LF 18" PVC Storm Drain Pipe $80 $880.00 9 for Dollars 11 LF 18" HOPE Storm Drain Pipe $65 $1,820.00 10 for Dollars 28 LF ----""-"'-.. ______..._.____....."_m.__._________._.... ..--- 24" PVC Storm Drain Pipe $95 $7,885.00 11 for Dollars 83 LF 24" HOPE Storm Drain Pipe $88 $76,032.00' 12 for Dollars 864 LF 36" HOPE Storm Drain Pipe $200 $2,000.00 13 for Dollars 10 LF "__'._"._,_.__....m.. ...'....'-.-."......-......--,-,--" n_.m.__......."....._.__.. .......-.. 8" PVC SDR-35 (03034) Sanitary Sewer Pipe 601 $56 $33,656.00 14 for Dollars LF --'''''''-- --....--...-- -.............--"---"-................---....- .-.-....-------...-........... 48" Concrete Sanitary Sewer Manhole ! $3600 $3,600.00 15 for Dollars 1 EA ---.-- -------..- 48" Concrete Storm Sewer Manholes $3200 $12,800.00 16 for Dollars 4 EA 60" Concrete Storm Sewer Manholes $4000 1 $12,000.00 17 for Dollars 3 EA ..---------...,-......_- --------~.__.-..-,_..._---"._._---,-"._----- REVISED AS NEGOTIATED ON 9/07/2007 BID SCHEDULE A 2007 Utility Construction 8th Street/Blaine/E. Main Improvements N 2005 33 G:lpub-wrkslengldept-adminIENGINEERIPROJECTI2005105_33 Negociated Sch A & B 9 707.doc ----1' DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT NO (FIGURES) 72" Concrete Storm Sewer Manhole I $7200 $7,200.00 18 for Dollars 1 EA Area Drains $875 $1,750.00 19 for Dollars 2 EA Sanitary Sewer Lateral Relocate (21 X 10') $450 $9,450.00. 20 for Dollars 21 EA .-- t--. Bypass Pumping Sanitary Sewer Dollars $6500 $6,500.00 21 for LS Connect to Existing Sanitary Sewer Manhole $1200 $1,200.00 22 for Dollars 1 EA Bases I $8,470.00 3/4" -0 Aggregate Base Dollars $35 23 for 242 TON Wearing Surfaces Level 3, 1/2 Inch HMAC Mixture $112 $13,776.00 24 for Dollars 123 TON Concrete Drop Curb Dollars $25 $325.00 25 for 13 LF -- --~---------_. Concrete 16" Standard Curb $25 $325.00 26 for Dollars 13 LF Trench Patching $56 $13,496.00 27 for Dollars 241 SY I SCHEDULE A BID TOTAL $243,137.50 ORIGINAL BID TOTAL $280,735.50 DIFFERENCE - $37,598.00 * Price negotiated from original bid ENGINEER'S ESTIMATE $237,865.50 G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\05_33 Negociated Sch A & B 9 707.doc ------,-- -- Project No. . I OTY. I UNIT UNIT PRICE AMOUNT NO DESCRIPTION (FIGURES) Mobilization and Traffic Control Mobilization $20,000 $20,000.00 Dollars 1 for lS Temporary Work Zone & Traffic Control, Complete $35,000 $35,000.00' 2 for Dollars lS Erosion & Sediment Control $3,500 $3,500.00' for Dollars lS 3 Roadwork Removal of Structures & Obstructions Dollars $7,500 $7,500.00 4 for lS Earthwork $26.36 $70,000.00' 5 for Dollars 2655.5 CY Minor Adjustment of Manholes Dollars $750 $750.00 6 for 1 EA Adjusting Boxes Dollars $150 $1,200.00 7 for 8 EA Replace Survey Monument & Monument Box $250 $1,250.00 8 for Dollars 5 EA -.------ Subgrade Geotextile $1.50 $4,603.50 9 for Dollars 3069 SY Utilities 4" PVC SDR-35 (D3034) Storm Drain Pipe $28 $2,604.00 10 for Dollars 93 IF 6" HDPE Storm Drain Pipe $32 $2,560.00 for Dollars 80 IF 11 12" HDPE Storm Drain Pipe $42 $19,404.00 12 for Dollars 462 IF 8" PVC SDR-35 (D3034) Sanitary Sewer Pipe $58 $5,684.00 13 for Dollars 98 IF 15" PVC SDR-35 (D3034) Sanitary Sewer Pipe 746 $64 $47,744.00 14 for Dollars IF 18" PVC SDR-35 (D3034) Sanitary Sewer Pipe $52 $1,716.00 15 for Dollars 33 IF --.--- -.------. 48" Concrete Sanitary Sewer Manholes $3,500 $24,500.00 16 for Dollars 7 EA 60" Concrete Sanitary Sewer Manholes $5,600 $5,600.00 17 for Dollars 1 EA .~ --_.~-_._- BID SCHEDULE B 2007 Utility Construction A Street Improvements 2005 33 G:\pub-wrks\engldept-adminIENGINEER\PROJECT\2005\05_33 Negociated Soh A & B 9 707.doc OTY. UNIT UNIT PRICE AMOUNT NO DESCRIPTION (FIGURES) - -- 48" Concrete Storm Sewer Manholes $3,200 $19,200.00 18 for Dollars 6 EA 4" Storm Drain Clean Out $300 $1,200.00 19 for Dollars 4 EA -- Concrete 4A Curb Inlet $1,300 $2,600.00 20 for Dollars 2 EA ---.-.----.-- Concrete 2 1/2A Curb Inlet $1,100 $1,100.00 21 for Dollars 1 EA Lynch Type CB Dollars $950 $1,900.00 22 for 2 EA 5" Channel Drain $86 $4,730.00 23 for Dollars 55 LF 12" Channel Drain $170 $3,400.00 24 for Dollars 20 LF SS Lateral Relocate $90 $27,810.00 25 for Dollars 309 LF Bypass Pumping Sanitary Sewer Dollars $,5000 $5,000.00 25a for 1 LS ----- -----..--.-- Connect Roof Drain $500 $1,500.00 26 for Dollars 3 EA Trench Patching Dollars $56 $6,160.00 27 for 110 SY Bases 3/4"-0" Aggregate Base Dollars 1023 $30 $30,690.00 28 for TON . . ---- ----.--.-.....--- 4"-0" Aggregate Base Dollars 3973 $27 $10,7271.00 29 for TON Wearing Surfaces Level 3, Y, Inch HMAC Mixture Dollars $100 $84,400.00 30 for 844 TON Concrete Curb and Gutter $25 $6,725.00 31 for Dollars 269 LF ..--....-.--.--.. ----------- -- ------ Concrete Mountable Curb and Gutter $25 $1,325.00 32 for Dollars 53 LF Concrete 16" Standard Curb $25 $2,825.00 33 for Dollars 113 LF Concrete Valley Gutter Dollars $15 $4,995.00 34 for 333 SOFT -"-- ---------- Concrete Sidewalks $6.50 $8,216.00 35 for Dollars 1264 SOFT -'---. "---'-- Concrete Sidewalks With Thickened Edge $7.50 $750.00 36 for Dollars 100 SOFT Concrete Sidewalks Ramps Type B $675 $2,700.00 37 for Dollars 4 EA -------~-----_._.._-_._---- .'-.-- ---- G:lpub-wrkslengldept-adminIENGINEERIPROJECT\200SIOS_33 Negociated Sch A & B 9 lOl.doc . -------r..- NO DESCRIPTION ! OTY. UNIT UNIT PRICE AMOUNT (FIGURES) Commercial Driveway Apron $9.5 $3230.00 38 for Dollars 340 SOFT ._-_..,._.~._- -.'._..______.._...n____.___n___...___..___ Extra For AC Approaches $400 $400.00 39 for Dollars 1 EA Stri~ng Painted Permanent Pavement Striping, Complete Deleted $0. 39 for Dollars 1112 LF (by_~t.ti__ r--------------------- Painted Curb Deleted $0. 40 for Dollars 264 LF (by City) Thermoplastic, non-profile, 120 MIL, extruded Deleted $0. 41 for Dollars 101 LF (by City) Pavement Line Crosswalks Deleted $0. 42 for Dollars 432 SF (by City) Type .W11-2" Signs in Place $52 $650.00 43 for Dollars 12.5 SF Type .W16-2" Sign in Place $62 $186.00 44 for Dollars 3 SF Pipe Sign Posts $700 $700.00 45 for Dollars LS SCHEDULE B BID TOTAL $583,278.50 ORIGINAL BID TOTAL $638,216.50 DIFFERENCE . 54,938.00.00 * PrIce negotIated from original bid ENGINEER'S ESTIMATE $469,454.50 G:lpub-wrkslengldept-adminIENGINEERIPROJECT\200SIOS_33 Negociated Sch A & B 9 707.doc --~'--1' BID SUMMARY SCHEDULE A: 8TH /BLAINE/E. MAIN IMPROVEMENTS SUBTOTAL $ 243,137.50 SCHEDULE B: A STREET IMPROVEMENTS SUBTOTAL $ 583,278.50 REVISED PROJECT 2005-33 TOTAL BID: $ 826,416.00 ORIGINAL TOTAL BID: $ 918,952.00 DIFFERENCE: $92,536.00 Acknowledged by a~~ Pilot Rock Representative Accepted by City of Ashland by ~~ ~aula Brown Public Works Director lollV' '1h'J G:lpub-wr1<slengldepl-adminIENGINEERIPROJECT\2005105_33 Negocialed Sch A & B 9 7 07.doc Page 1/1 r~' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 !;lATE 11/9/2007 PQ:l\ll:JMBIlR 07930 VENDOR: 010462 PILOT ROCK EXCAVATION 650 E PINE STREET SUITE 102B CENTRAL POINT, OR 97502 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No Q~antitv Unit Destrleilon Unit Price Ext Price THIS IS A REVISED PURCHASE ORDER Provide construction services for the 243,137.50 2007 Utility Construction Project 05-33 E. Main Street & 8th Street Sanitary Sewer Replacement & Blaine Alley Sanitary Sewer & Storm Drain .... ------------ - - A Street Storm Drain & Sanitary Sewer 583,278.50 RFP Contract start date: October 22, 2007 Contract completion date: June 30, 2007 Insurance required/On fHe Approved by Council: 10/0212007 Project No. 200533.120 SUBTOTAL 826416.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 826,416.00 ASHLAND OR 97520 , A~~-Ql,lnt-'N,um}:)l!lr . Project Number Amoullt' / Ac~c;umrN.l,lrn~'r ProjectNjJm~F Am,Qunt E 260.08.17.00.70420 E 200533.120 338 830.58 E 260.08.34.00.70420 E 200533.120 82641.60 E 675.08.17.00.70420 E 200533.120 330 566.36 E 675.08.38.00.70420 E 200533.120 74377.46 . I /I~J .&>1 ~ ~7 Authorized Signature VENDOR COpy CITY OF ASHLAND PROJECT ACCOUNTING WORKSHEET PROJECT NUMBER (YEAR XX) PROJECT TITLE PROJECT DESCRIPTION Department Project Manager Department Head BUDGET INFORMATION Identify fiscal year I potential splits Identity Funding Code and Funding Code name DESIGN .100 Engineer Name PO COST Change Orders CONSTRUCTION .120 contractor name PO budget estimate bid I contract total changes total CONSTRUCTION MANAGEMENT .150 engineer name PO budget estimate bid I contract total changes total PERMIT COSTS (Building Dopt) .170 budget estimate final costs 2005331 12007 MISCELLANEOUS UTILITY CONSTRUCTION PROJECT The scope of this project will include the engineering and construction for several streets. A Street Sanitary Sewer Replacement; Blaine Alley Sanitary Sewer and Storm Drain; Granite Street Waterline Replacement Public Works - Water SUP:~ Jim Olson J J'Ct?". / Paula Brown h06 IFY07 IFY08 s 675.08.39.00.704200 -12% 675.08.17.00.704200 - 30% 675.08.34.00.704200 - 3% 260.08.17.00.704200 - 12% 670.08.38.00.704200 -15% 670.08.38.00.704100 - 28% s Wastewater, Street, Water Contracted Proiects Hardey Engineering $ 1 $ 2 4 6682 54,250.00 32,500.00 A Street Reconstruction! Blaine St Alley Storm Drain Extension $ 86,750.00 Pilot Rock Excavation Bid Schedule A - E Main, Blaine, 8th St Pending 260.08.34.00.704200 $ 24,313.75 10% SD SDC 675.08.38.00.704200 $ 21,882.38 9% SS SDC $ 826,416.00 260.08.17.00.704200 $ 99,686.38 41% STOPS 675.08.17.00.704200 $ 97.255.00 40% SS FEES $ 826,416.00 $ 243.137.50 100% Bid Schedule 8 - A Street Reconstruction 260.08.12.00.702400 $ 239.144.19 41% ST OPS 260.08.35.00.704200 $ 52,495.07 9% ST SDC 675.08.38.00.704200 $ 204.147.48 35% SS SDC 675.08.17.00.704200 $ 87.491.78 15% ST COl $ 583.278.50 100% $ 826,416.00 ~~, G:Pub-wrksJengldePt-adminJengineer/pro;ectlO5-33 Proj Acct Worksheet.xIs ---~ I Page 26 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer lD (or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract . documents, and has checked four or more of the following criteria: " --I<f.tL.. (I) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. 1Zl+t..- (2) Commercial advertising or business cards or a trade association membership are purchased for the business. ~ (3) Telephone listing is used for the business separate from the personal residence listing. ~ (4) Labor or services are performed only pursuant to written contracts. fZ#t...- (5) Labor or services are performed for two or more different persons within a period of one year. ~ (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. l1'LoT TaX./L ~4"Ti 0#-1 Contractor t5//0107 , , Date G:\pub-wrkslengldept-adminIENGINEERIPROJEC1\2005105-33 2007 Utility Canst Bid Document 7 07.doc