HomeMy WebLinkAbout2011-012 Contract - Devore Electric & Construction
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ASHLAND CITY OF ASHLAND
~.:;, PUBLIC IMPROVEMENT CONTRACT
t:AiJliEils'iiiEii'j}sljiEWAlI~iMPRO~
Project No. iii'~j~
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of
Oregon (hereinafter "City" ) and De V ore Electric and Construction (Hereinafter "Contractor").
The City's Project Manager for this Contract is iiiJt~wlNin"'7iifii:'&1iJ1f11it4'flilO'ifilififfiili'fJWb''i1ii
15eimVrl'dl
WHEREAS, City caused to be prepared' a certain bound Project Manual or Bid Package
(including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and
Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and
Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda
No. I through No. I, more particularly described in Standard Condition 5, (hereinafter'referred
to as "Contract Documents") for its project entitled "tSl~lr~~:[~Prn~i!m" and
WHEREAS, Contractor did on the 16th day of December 2010, file with City a bid to furnish
equipment, labor, material, and appurtenances for construction of said project as set forth in the
Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth
in the bid; and
WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms
and conditions upon which the Contractor proposes to furnish said equipment, labor, material and
appurtenances and perform said work, together with the manner and time of furnishing same; and
NOW THEREFORE, for good and valuable consideration the parties mutually covenant and
agree as follows:
1. Recitals.
This recitals set forth above are true and correct and are incorporated herein by this reference.
2. Effective Date and Duration
This contract is effective on P~~m:bi'l~li(U11. or on the date at which every party has signed
this contract, whichever is later. The work under this contract shall, unless otherwise terminated
or extended, be completed on or before 90 calendar days following Contractor's receipt of the
Notice to Proceed. .
3. Statement of Work
The work under this contract is for Laurel Street Sidewalk imorovements. includinf!. curb and
flUtter. sidewalks. crosswalks and storm drain as is more fully described in the Contract
Documents, incorporated herein and made a part hereof by this reference. The statement of work,
including the delivery schedule for the work, is contained in the Contract Documents. Contractor
City of Ashland
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acknowledges receipt of all Contract Documents in existence at the date the Contract is signed
and further acknowledges Contractor has read and fully understands the Contract Documents, and
understands that in signing this Agreement contractor waives aU rights to plead
misunderstandings regarding the same.
Contractor shall, at its own risk and expense, perform the work described in the Contract
Documents and furnish aU permits, labor, tools, machinery, materials, transportation, equipment
and services of all kinds required for, necessary for, or reasonable incidental to, performance of
the work, that is, the construction of this Laurel Street Sidewalk ImDrovement Project for the City
of Ashland, Oregon, as shown in the Contract Documents. Contractor shaU secUre all Municipal,
County, State, or Federal Permits or licenses including payment of permit fees, license fees and
royalties necessary or incident to performance of the work on this contract. The risk of loss for
such work shall not shift to the City until written acceptance of the work by the City.
4. Consideration
a. City agrees to pay Contractor, at the times and in the manner provided in the Contract
Documents, a sum of: :_1~T!-mhW~9l'fIilfur1f!1.QJl~""'a1~lm~'it~~.m
49DDI~];Q1!22!~9] for accomplishing the work required by this contract, including
allowable expenses. This sum cannot be modified except by Change Order approved in
writing by City. Any progress payments to Contractor shaU be made only in accordance with
the schedule and requirements in Section 21, Standard Terms and Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this
contract during the current fiscal year. 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.
CONTRACTOR 0
. Business Name ease print:
Contact Name:
Address: . tJ '; e
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy ofW-9 is to be
submitted with the signed contract to be kept onfile in the City of Ashland Finance Department.
Ashland Business License # 0 I 'lS'lf I Construction Contractors Board # /3'-1/ 1,h
Citizenship: Nonresident alien Yes L No
Business Designation (check one): Individual X Sole Proprietorship
_ Partnership _ Corporation _ Govemment/Nonprofit
The above information must be provided prior to contract approval. Payment information wiU be
reported to the Internal Revenue Service (IRS) under the name and taxpayer LD. number provided
City of Ashland
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above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information
not matching IRS records could subject you to 31 percent backup withholding.
I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement
Contracts (Exhibit A) together with Exhibits B through J together with all other Contract
Documents as described in Standard Terms and Conditions Section 5 below, and the separately
bound Oregon 2008 Standard Specifications for Construction, as amended by the City of
Ashland's most recent Addenda to the 2008 Standard Specifications are an integral part of this
contract and agree to perform the work described in the Contract Documents, including Exhibit
A, in accordance with the terms and conditions of this contract. I further understand the City is
prohibited from entering into a contract when the contractor has neglected or refused to file any
return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under
penalty ofpeIjury and false swearing, that limy business amJis not in violation of any Oregon tax
laws; I further certify that the certification and representations in Standard Term and Condition #
16 [CCB Registration Requirements] are true and correct, and further I certify that I am an
independent contractor as defined in ORS 670.600.
S~COh' ..
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Sign /Title ~ _ .
Printe\! Name: .p j ~ I P
(JI-tJf) fr
WN(J
I /1 '1 / 1/
'Date '
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it
has been executed by the Public Contracting Officer or designee as well as City Finance and
Lega/ Department representatives.
CITY OF ASHLAND SIGNATURE
Approyed:
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Mike Faught, Director of Public Works, City of AsWand
- Authorized by Ordinance 3013 and Delegation Order dated .20/0
Coding:
Reviewed:
ai, (doll
Date
Lee Tuneberg, Finance Director (funds appropriated current fiscal year) Date
Review d'
(approved as to legal form)
2_0\\
Date
A IT ACHMENTS: Certificate of Representation
Exhibit A-I, Bid Schedule
Exhibit C, Insurance requirements
City of Ashland 20
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CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ill (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
do/nts, and has checked four or more of the following criteria:
(1) 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.
/' (2) Commercial advertising or business cards or a trade association membership are
Pur~d 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.
:2: (5) Labor or services are perfo.:.ued for two or more different persons within a period of
one year.
,/' (6) I assume fmancial 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.
CM_-~.o ~ //;n:fl!
City of Ashland
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EXffiBIT C
PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS
To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the
term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be
without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall
maintain in force at its own expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656.017. All employers, including
Contractor and any subcontractors, that employ subject workers who work under this Contract in the State
of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage,
unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its
subcontractors complies with these requirements.
Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less
than · $1,000,000 or CI $3,000,000 for each occurrence of bodily injury, personal injury and property
damage. It shall include coverage for broad form contractual liability; broad form property damage;
personal and advertising injury; owners and contractor protective; premises/operations; and
products/completed operations. Coverage shall not exclude excavation, .collapse, underground, or
explosion hazards. Aggregate limits shall apply on a per-project basis.
· Required by City
CI Not required by City
Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less
than · $1,000,000 or CI $3,000,000 for each accident for Bodily Injury and Property Damage, including
coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated.
· Required by City CI Not required by City
o Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the
value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall
also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and
(5) supplies related to the work while at the site. .
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its
insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate
of insurance.
Additional Insured. For general liability insurance and automobile liability insurance the City, and its
agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services
to be provided under this contract. This coverage shall be by endorsement physically attached to the
certificate of insurance.
The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and
employees against any liability that may be imposed upon them by reason of the Contractor's or
subcontractor's failure to provide workers' compensation and employers liability coverage.
Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to
commencing work. The certificate will include the deductible or retention level and required
endorsements. Insuring companies or entities are subject to City approval. If requested, copies of
City of Ashland
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insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-
insured retention's, and/or self-insurance.
City of Ash/and
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EXHIBIT A-1
City of Ashland, Oregon
PROPOSAL AND BID SCHEDULE
TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION,.
EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS
PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE
COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,
PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITV OF ASHLAND,
CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520.
::::0~Y:' '5;(t~tJ (orofruchtJ~
ADDRESS dl/l/J/ A-venup A--
clTvwh;fe {;I:J;STATEfJe ZIP11?'t!3
TELEPHONE NO. ?[I.//- qLf'i- 13Y1J
FAX NO. .5''11- "111- iJ5h 3
EMAILADDRESSre(jdflvDre@(:J.t:ll.fel.ll]~ f--
To the Honorable Mayor and City Council
City Hall
City of Asbland
20 East Main Street
Asbland, Oregon 97520
In response 10 compelitive bidding, Ihill PROPOSAL is submltled as an offer by the undersigned to enter into
a contract wilb tbe City of Ashland for furnishing all permits, labor, tools, machinery, materials,
transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the
construetlon of the Laurel Street Sidewalk Improvements (berelnafter "Project") Cor the City of Ashland,
Oregon, 8J shown in tbe contract documents on file at City Community Development Building, which are a
condition of lbis Offer as though they were attacbed. This offer Is subject to the following declarations as to
the acts, intentions and uuderstandlngs of the undersigned and the agreement of Ibe City of Ashiand to Ihe
terms and prices herein submitted.
J. The underslgned has familiarized themselves wllb lbe nature and extent of the Contract Documents,
project work, site, locality, general nature of work tn be performed by City or others at the site that relates
to lbe project work required by the Contract Documents, local conditions, and federa~ state, and local
Laws and Regulations that In any manner may affect cost, progress, performance, or fnrnlshing of Ihe
project work.
2. The undersigned has oblllined and carefully stodled (or a.ssumes responsibility for obtaining and carefully
studying) examinations, investigation, exploration, tests, and studies wblch pertain to the conditions
(subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress,
performance, or furnillhing of tbe project work as Contractor deems necessary for the performance and
furnishing of the project work at the Contract Price, within tbe Contract Times, and in accordance with
tbe other terms and conditions of the Contract Documents; and no additional or supplementary
Ciry o( Ashland
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examinations, investigations, explorations, tests, reports, or similar information or data are or will be
required by Contractor for sucb purposes.
3. It is understood tbat lbe City sbaD investigate and detenoine the qoa1ifieations of lbe apparent low
responsive bidder prior to awarding lbe contract. The City shall reject any bid by a nonqoalir.... or
disqoalifled bidder. The City of Ashland reserves the right to rejcct for any good <'Duse any or all bids,
waive fonoalities, or to accept any bid whicb appears to serve the best interesB of tbe City. The City
reserves lbe right to reject any bid oot In compliance wilb all prescribed pnbtie bidding procedores nnd
reqoirements, and may reject aD bids for good cause npon a finding tbat It is in the poblic interest to do so.
Evalnation of bids will be based on minimom requiremenBestablisbed by tbe specifications and
compliance wilb conditions of tbe Notice to Contractors and Invitation to Did, and compliance witb City
public contracting rules. Additional evaluation criteria are as follows: None.
4. The deadline to file a written protest or request, pursoant to lostruction to Bidders to cbange contract
tenos, conditions or specifications Is not less than ten (10) calendar days plior to bid opening. Bid dosing
may be extended by tbe City to consider a protest or reqoest.
5. All ofthe contract documents, Ineluding all plans, specifications, and drawiogs bave been examioed and an
examination of the site of tbe proposed work, togetb,er with sucb investigations as are necessary to
detenoine the conditions to be encouotered bave been made by the uodersigned aod the terms and
conditions of tbe contract and solicitation docnments are bereby aeeepted, and that if this OtTer is
accepted, tbe undersigned will contract witb the City of Ashlaod, Oregon, in a form substaotially similar
to tbat attacbed Agreement and agree to be bound to the terms and conditions of said coatract and
solicitation documents.
6. It is understood that tbe contract drawings may be supplemented by additional drawingl and
speeificatlolU in explanation and elaboratloo tbereof aod, if they are not In conOlct with those refcrred to
in paragrapb 1 above, tbey shall have tbe same force and effect as tbough tbey were attacbed and they
shall be accepted os part of lbe contract when issued.
7. 'The undersigoed agrees'tbat upon written acceptance of this bid slbe will, within ten working days, of
receipt of sncb notice, execute a formal contract agreement with lbe City. The undersigned further agrees
that slbe will provide tbe followiog in order to execute tbe contract:
Performance Bond aod Corporate Surety Payment Bond, both in tbe amount eqoal to 100% of the
awarded coo tract;
Certificates of Insurance for Liability aod property damage coverage;
Certificates of Coverage for Workman Compensatloo aod unemployment Insnrance;
All otber bonds, permits, licenses, ete. 8J reqolred In the contract documeots.\
8. It is understood that aD the work will be performed nnder a lump sum or unit price basis and that for
the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete tbe
project in ac:eordance with the plans and 'specifications shaD be furnished for the sold lump som or onit priee
-named. It is understood that the qoaotltles stated locooneetlon with the price schedule for the contract are
approximate only and payment shall be made at the unit prices named for tbe actual quantities iocorporated
in the completed work. If there shan be an iocrease 10 tbe amoont of work covered by the lomp sum price, it
sball be compoted 00 a basis of "eltra work" for wblcb 00 Increase in paymeot will have beeo earned and if
tbere be a decrease In tbe lump sum payment, it shall be made only as a reso1t of negotiation betweeo the
undersigned and the Owner. Furthermore, il is understood that any estlmale with respect to time, materials,
equipment, or service which may appenr on the plans or In the speeificatlolU Is for the sole purpose of assisting
Ihe oodersigned in cbecklng tbe underslgoed's own independeot calculations and thaI at no time shall the
nodersigned attempt to hold tbe Owner, the Engineer, or aoy other persoo, firm or corporation responsible for
aoy errors or omissions that may appear io any estimate.
9. The nnderslgned sobmlts the uoit prices as those at which he will perform tbe work involved. The
extensIons of the colomn headed "ITEM TOTAL" are made for the sole purpose of, facilitating bid
City of Ashland
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comparisons and if tbere are any discrepancies between tbe unit prices and tbe total amount sbown, the unit
prices shall govern.
10. The nndersigned agrees to fnrnish labor, tools, machinery, materials, transportations, eqnipment and
services of aU kiDds reqnired for, necessary for, or reasonahly incidental to, construction of this Project with
all appurtenant work as required hy the plans and specifications of this Offer for tbe unit or lump snm prices
in the "BID SCHEDULE".
It. In staling prices, it Is nnderstood that tbe prices include aD materials and worlt reqnired to complete
the contract in aecordance with the plans and specitications. If any material, item or service required by Ibe
plans and specifications has not heen mentioned specifically in the "BID SCHEDULE", the same shaU be
furnished and placed with Ibe understanding that the full cost to the aty has heen merged wilb the several
prices stated in the "BID SCHEDULE."
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12. The City reserves the right to reject any and all hlds; waive formalities, or accept any hid which
appears to serve the best Interests of the City in accordance with ORS 2798.100. The Cdy reserves the righlto
reject any and all hlds, waive fonoalities, or accept any bid which appears to serve the bat interests of the City
in aecordanee with ORS 2798.100.
13. The foregoing priees shall include all lahor, materials, equipment, overhead, profit, insurance, and all
other Incidental expenses to cover the tinlshed work of tbe several kinds called for. Hnll prices are to be shown
in both words and figures. In case of dlserepancy, tbe amounts shown in words will govern.
14. Upon receipt of written notice of the acceptance of this bid, Bidder shaD execute the formal contract
attached within ten days, deliver surety bond or bonds as required, and deliver required proof of Insurance.
The bid security attached In the sum of live pereent of the total price for the bid or combination of bids is to
become the property of the Owner In the event the contract and bond are not executed within the time above
set forlb as liquidated damages for the delay and additional expense to the Owner caused thereby.
J 5. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that
provisions of OKS 279C.800 - 279C.S70 relating to workers on publle works to be paid not.... than prevailing
rate of wage shall be ineluded in the eontract, or In the alternative, If the project is to be funded with federal
funds and is suhject to the Davis-Bacon Ad (40 U.s.c. fi276a) bidder agrces to comply with the Davis-Bacon
Ad requirements. "Prevailing Wage Rates for Puhlie Works Contraets in Oregon," which are incorporated
herein hy reference, and enn be accessed at:
http://www.oregon.govIBOLUWHDIPWRlpwr_book.shtml
16. The undersillDed shaU furnish bonds required by the specifications and comply with the laws of the
Federal Government, State of Oregon and the CIIy of Ashland wbleb are pertinent to construction contraets of
this nature even though such laws may not have been quoted or referred to in the specifieations.
J? Aeeompa:r'ng this Offer is a certitied check. cashier's cheek or a bid bond, for the sum of
-#f I~. I () /) t: . payable to the City of Ashland, Oregon, this being an amount for teo pereent (10%)
o( th total bid based upon the estimate of quantities at the above prl.. according to the conditions of the
advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract
and bonds as stated In the Advertisement within ten (10) working days from the date of notlfleatlon, then the
aty may, at Its option, determine that the undersigned has abandoned lhe contract and there upon this Offer
shaD be considered nuD and void, and the bid security accompanying ibis Offer shall be forfeited to and
hecome the property of tbe City of Ashland. If lbe bid is not ac..pted, the hid secnrity accompanying this
Offer shall be returned to the undersigned.
IS. The undersigned agrees to comply with the provisions of OKS 279C.800 to 279C.870, the Oregon
Prevailing Wage law. Tbe undersillDed, as bidder, aeknowledges that provisions of ORS 279C.SOO _ 279C.870
relating to workers on public works to he paid not less tban prevailing rate 01 wage shaD be included in tbe
contract, or in tbe alternative, if the project Is to he funded with federal funds and is subject to tbe Davis-
Chy of Ashland
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Bacon Ad (40 U.s.e. g276a), bidder agrees to <limply with the Davis-Bacon' Ad reqniremenfs. The
undersigned Contractor agrees to be hound by and will <limply with the proVisJoOll of ORS 279C.838,
279C.840 or 40 U.S.e. 3141 to 3148. (OAR 137-04"-0200(1)(a)('/)1-
19. The nndersigned certifies that the undersigned Contrador is not ineligible to receive a contrad for a
puhlJe work pursuant to ORS 279C.860. Bidder further agrees, if awarded a coutrad, that every
sullcontrador will be eligible to receive a <IIntrad for a public work pursuant to ORS 279C.860.
20. .The undersigned eertifies that the undersigned 'Contractor bas not discriminated against minority,
women or emerging small businesses enterprIses in obtaining any required snllcontracts. Tbe bidder
uDderstands and acknowledges that It may be disqualified from bidding on this publie improvement project as
set forth In OAR 137-049-0370, iucluding but not limlled to City discovery a misrepreseutation or sham
regarding a snllcontrad or that tbe Bidder bas violated any requirement of ORS 279A.ltO or tbe
administrative rules implementing tbe Statute.
21. The undersigned agrees tbat the time of completion sball be defiDed in the specifications, and further,
tbe undersigned agrees to initiate and complete tbis Projeet by tbe date stated below.
. The work sball be commenced within 10 working days after receipt of the written Notice to
Proceed..
· The work shall be completed ID all respects within 90 calendar days.
. The undersigned agrees that the "Time of Completion" sball be as defined in the specifications
and that the bidder will complete tbe work within the number of consecutive calendar days stated
for each schedule after "Notice to Proceed" has heen issued by the Owner. Bidder fnrthermore
agrees to pay as liquidated damages, for eaeh ealendar day thereaftcr, the amouDts shown in
Standard CondllloDs , for each day the project remaiOlliDcomplete.
22. The nnderslgned bidder is registered with the Oregon Constraction Contractors Board (CCB), the
registration is current and valid, and the bidder's regisJratlon number is stated helow. (OAR 137-04"-
0230(1)1 Bidder understands tbat failnre to have a current CCB Iieense shall result In rejeetJon ohhl.s
bid. '
23. The undersigned bidder is licensed by the State Landscape Contraetors Board, If appllctlble, the
license is current and valid, and the bidder's registration number is stated below. (OAR 137-04"-
O2OO(I)(a)(K)1 Bidder understands that failure to bave a current LCB license shall result in rejection
oUhis bid.
24.
In determining the lowest responslhle' bidder, City shall, for the purpose of awarding the contract, add
a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference
given to that bidder in the stale In whlcb Ibe bidder resides. "Resident bidder" of Oregon means a
bidder that has paid unemployment taxes or Income taxes in this state dnring the 12 calendar months
immediately preceding submlssioD of the bid, bas a bDsiDess address in this state and has stated in the
bid that the bidder Is a "resident bidder" of the State of Oregon. The undersigned represents hlm/ber
self in tbis bid to be eitber a Resident or a Nonresident bidder by eompleting the appropriate blank
below.
The Bidder is ~ or is not a resident Bidder as defined in ORS 279A.120.
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25. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of
the City of Ashland is personally interested dlreetly or indirectly in tbis Contraet or the compensation
to be paid hereunder and that no representation, statement or statements, oral or iu writing, of lhe
City, its Councilors, Commissioners, omcers, agents or employees had induced bimlher to enter Into ,
this Contract, and tbe papers made a part of Its tenus;
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26. The undersigned has not directly or indirectly induced or solicited any person to submit a false or
sham bid or refrain from bidding. The undersigned certifies that this bid bas been arrived at
independently and submitted without connection with any person, rll'lD or corporation making a bid
for the same material and b, in all respects, fair and without collnsion or fraud
27. The undersigned confirms that this firm bas a Qualified Drug Testing Program for employees In place
and will demonstrate tbb prior to award of contract. (OAR 137-04~00(1)(c)(B)1
28. The undersigned confirms tbat if this contract involves asbestos ahatement or removal, the bidder Is
licensed under ORS 468A.710 for asbestos removaL Asbestos abatement is not implkated in this
contract
29. The City of Ashland may waive minor informalities, reject any bid not in compliance with all
prescribed public bidding procedures and requirements, and may reject for good cause any or all bids "
upon a finding that it Is in the public Interest to do so.
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The undersigned confirms that this offer b not contingent upon City's acceptance of any terms and
conditions other than those contained In the Solicitation and Contract documents.
31. The bidder understands that the City reserves the right to make changes to the Notlee to Contractors I
Invitatiou to Bid and the resulting contract by written addenda, prior to the closing time and date.
The City will not mail notice of addeuda but shall publish uotice of auy addenda on City's webslte and
post the notice of addenda at Community Development www.ashland.or.us The addenda may be
downloaded or picked up at Community Development, 51 Winburn Way, Asbland, Oregon. Tbe
bidder must check the website and Community Development bulletin board frequently until closing.
The bidder acknowledges that lhe Addendum(s) listed below have been reviewed online or a copy
obtained and eonsldered as pari of the submlt~1 '1 this OtTer and Bid Scbedule.
ADDENDUM NUMBER~ROUGH~HA VE BEEN REVIEWED
32. The bidder understands that tbe City will be awarding the contract to the Responsible Bidder with the
lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Wbether a bidder is responsible will be
determined by ORS Z79C.J75 and tbe City's completion oftbe allacbed Bidder Responsibility
Determination Form.
33. Instructions for First-Tier Subeontractors Disclosure.
Bidders are required to disclose information about certain first-tier subeontractors (tbose
subeuntractors contracting direetly with tbe bidder) wbeu tbe contract price exceeds $75,000 (see ORS
279C.J70). Specilkally, wben the contract amount of a rlJ'St-lier subcontractor Is greater tban or
equal to: (I) 50/. of tbe projeet bid, but at least 515,000, or (ii) $JSO,OOO regardless of the percentage,
you mnst disclose, the following Informallou about tbat subcontract witbln two working bours of bid
dosing:
. The subcontractor's name and address;
. Tbe subcontractor's Conslrncllon Contractor Board registrallon number, if one b
required, and;
. The subcontract dollar value.
If you will not be using any subcontractors tbat are subject to the above disclosure requirements, you
are required 10 Indicate "NONE" on tbe form. Failu..., to submit tbls form by the disclosure deadline
will resnll in a Don-responsive bid. A non-responsive bid will not be considered for award. THE
CITY MAY REJECT A BID IF THE BIDDER FAIL'l TO SUBMIT THE DISCLOSURE FORM
WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING.
THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBJUTY OF BIDDERS TO
SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE.
City of Ashland
II
"
BID SCHEDULE
LAUREL STREET SIDEWALK IMPROVEMENTS
Pro ect No, 2006-18
AMOUNT
NO
DESCRIPTION
Mobilization aDd Trame Coatnl
.-
--
3
Roadwork
Eartftwolk
for ~ 5"~ ~ ~30--
Doll 340 CY
Adiust Water Valves
for' .-
Doll
Adiust Water Meters
for ~ -
6 Doll 7
Adiust Manholes
for ~
Dol
Remove Concrete Curb and Gutter
for S
Doll
Remove Ell.istiDll Stann Drain Inlet
for 00--
9 II
Remove Ex.ist. Trees. Shrubs and StumDS
for S deJa:? -
Dollars
Dralnalle and Sewers
Connection to Ell.istiDlt Stonn Drain
for S 90. .-
-
II Dollars
Slonn Drain Curb Inlet 1co,.~
for S
Dollars E
Stann Drain TVDe 0-2 Inlet
for S 'i75.
13 Do ars E
Ciry of Ashland
13
J
, I UNIT
NO DESCRIPTION OTY. UNIT' PRICE AMOUNT
(FIGURES)
Storm Drain Catch Basin
for S~~./ S Jk'JO"-
14 Dollars 2 EA
8" PVC Storm Drain
for S /1. - t J.J.~ -
15 Dollars 12 LF
12" PVC Stonn Drain ISJIl-
for t /3()5:-
16 Dollars 45 LF '
Extend Existine: Weepholes i }1. - "
for S JIb, ~
17 Dollars 4 EA
Bases .
Sawcu! and Remove P.C. Concrete S . CJi-
for t 190. -
18 Dollars 200 SY 1.
Sawcut and Remove A.C. Pavement
for S 3. ~ZJ- S J/6 '$, 7.1-
19 Dollars 845 SY
1 Inch - 0 Ae:e:re2ltte Base
for S /'1. -- t 3C);1b,;-
20 Dollars 178 CY
Wearine:Snrfaces
4 Inch - Level 2. V, Inch Dense. MHMAC
Mixture ! i
for 1'70 --- 1650. .-
21 Dollars 45 TON
Concrete Curb and Gutter
for i jLl. JJ-. t /6 'J)g. ~
22 Dollars IIn LF
4" Concrete Sidewalks
for S J..'.9--' i ;)'1 0;;,?)9-
23 Dollars 7751 SF
6" Concrete Drivewav ADrons S 3 :tJ-- ! 11)/)L/. ~
for
24 Dollars 1760 SF
6" Reinforced Concrete Drivewav ADrons S'I.~
for 240 t J /76, ---
~ Dollars SF
9" Concrete Vallev Gutter i 1 gj.. 12
for ! JolI,
26 Dollars 263 SF .~
8" CDncrete Crosswalk '1b~3~
for S7, ~ S
II Dollars 1007 SF
City of A:hland
14
. .
NO I DESCRIPTION
4" Concrete Drivewav Connections
for
28 Dollars
Handicao Ramos
for
29 Dollars
1297
, UNIT
UNIT I PRICE AMOUNT
! (FIGURES)
I .._-.. -_. I
i I] 'Ii i 'f"117).1 !J-
SF l.~ 7 7.
----- ~"
:
EA I 15/C;;- i 6 '117. .:.-
OTY.
13
Permanent Trame Safety & Guidance D!:rices
StriDinl! and Markinl!
for
30 Dollars
I
~ I i/1'Jtt- 1 119tJ. ----'
Permanent Trame Control & Dlum/natlon Smems
Relocate Siens
for
31 Dollars
6
EA ~O- 16{'O,
.-
Rlaltt orWav DeveJoDment & Control
Landscaoine
for
32 Doll8l1l
TODSOil
for
33 Dollars
Remove &; Reconsttuct Mailboxes (sinele)
for
34 " Dollm .
Remove &; Reconstruct Mailboxes (multiple)
for
35 Dollars
2" PVC Sleeve Under Sidewalk
for
36 DolLars
37
Tree Protection(ff needed)
_1 ~ Iljlj5o. - 1 Lf'l50,'-
40 CY 130,'- 1 IdlY),___
2 EA Iq?, - 1 Jr1.-
1/9tJ -- I / !fJ-:-
9 M
It. -1.1- 1 j C{~/. -
28 J"f .
I')
L.:f'J'VL-.
-J~euJ) #.J"~ -/;, "---I1~tti1jl ,~~{f-/~.J2
L A- -t:~f -, 6tl
-nt/e. ~l - TVUV (~ :::Ji[i
5 EA $200.00 $1000.00
BASE BID TOTAI.J 1 " :50 X'.:b,I, hU
,
City of As/tland
IS
SEE INSTRUCTIONS TO BIDDERS. The disclosure should be sohmitted on Ihe First-Tier
Subcontractor Disclosure Form attached to this lovitatioo to Bid.
Bidder Information aad Signal,ore ,,~...' .:1
DeJ,&(f [;k,*,'-c.. /Jo'IcL C7n5frudiOi'\. ~?~~ > :':u.c/---
Finn Name of Bidder Si of Bidder
~ t:l q ~ e. ~ lit> r .Q......-
Printed N!ii1le of Bidder
34.
IV/A-
State of Incorporation
00 nfl r .
Official Title
OR. /3'lJQb
CCB Number
Dated this
/,6 it- dayof pl"f'pm.6er 2010.
~~:;; D:J::i Jh;/ ~~(f;,EJ:;~~~~'o"
.5/1/- 11/'1- .1:5 Rr)
Name of Bidder
Address
Telephone No.
City af Ashland
12
"
."
,.
PAYMENT BOND
The undersigned REGGIE DEVORE DBA: DEVORE ELECTRIC & CONSTRUCTION . . as
Drincioal. further referred to in this bond as Contractor. and WESTERN SURETY COMPANY
. as suretv. further referred to in this bond as Suretv. are jointlv and severallv bound unto
Citv of Ashland. as obligee. further referred to in this bond as Citv. in the sum of ONE HUNDRED THIRTY THOUSAND
EIGHT HUNDRED TWENTY TWO AND 60/100--------------
Dollars ($ 130.822.60 1.
Contractor and City have entered into a written contract dated January 4. 2011
. for the following oroiect: Laurel Street Sidewalk Imorovements. This contract is
further referred to in this bond as the Contract and is incoroorated into this bond bv this reference.
The conditions of this bond are:
I. If Contractor faithfullv oerforms the Contract within the time orescribed bv the Contract. and DromDtlv
makes navrnent to all claimants. as defined in ORS 279C.600 throul!h 279C.620. then this obligation is
null and void: otherwise it shall remain in full force and effect.
2. If Contractor is declared bv Citv to be in default under the Contract. the Suretv shall oromotlv remedv
the default. oerform all of Contractor's obligations under the contract in accordance with its terms and
conditions and oav to Citv all damages that are due under the Contract.
3. This bond is subiect to claims under ORS 279C.600 through 279C.620.
4. This obligation iointlv and severallv binds Contractor and Suretv and their resDective heirs. executors.
administrators. successors.
5. Suretv waives notice of modification of the Contract or extension of the Contract time.
6. Nonoavment of the bond oremium shall not invalidate this bond.
7. The bond number and the name. address. and teleohone number of the agent authorized to receive
notices concernine- this bond are as follows:
Bond Number:
71048750
Bond Agent:
INSURANCE MARKETPLACE INC
Address:
POBOX . MEDFORD, OR 9~501
Telephone:
541-779-0177
SIGNED this
14
day of
January
:m>o. 2011
City of Ashland
48
.. ..
PAYMENT BOND Pa.e 2
WITNESS:
CONTRACTOR:
By:
DEVORE ELECTRIC & CONSTRUCTION
~
(Corporate Seal)
Title:
OWNER
Legal Address: 2444 Avenue A
White City, OR 9Z503
Attest:
Corporate Secretary
WITNESS:
~U"'
/ .. ~;~:tI1: \
.~~~:Kj-,\:;' :~ t
,I, y."".,, 0,\
"\ . ; x':: ..~.~~~
.'~':;il\\\'('."
~ .r-, ~
SURETY: WESTERN SURETY COMPANY
By: :.lIti ,J _ /;(.-t~t.:'r"/ ",,1l.~f'"C,;J .
Title: SUE VIVIAN GEORGE, ATTORNEY IN FACT
Legal Address: POBOX 5077
'-'
SIOUX FALLS, SD 57417
Attest:
Corporate Secretary
City of Ashland
49
, .
Western Surety Company
POWER OF ATTORNEY ~ CERTIFIED COPY
Bond No.
71048750
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint SUE VIVIAN GEORGE
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principm: Reggie De Yore dba De Yore Electric and Construction
Obligee: Ci ty of Ashland
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)~in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7'. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of aDy bonds, policies, undertakings, Powers of Attorney or other obligations of the
corp6ration. The signature of any such officer and the corporate seal may be printed by facsimile.'"
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
2011 , but until such time shall be irrevocable and in full force and effect.
Auoust 1
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat,
anditscom~"t~~}obeaffixedthi.s 12th day of Januarv 2011
~io'\\.l~EfY""" (
.~~ CSt............... (\ '~
;;:i~... "'O~
1.$/' ~~OJ?..q .....~\
~ti{~ ~\;!
:!:!; :Z~
,,_..... . ';"("-
~"*\.~~Ay/*S
STVP"'~~~JfA
cO~~1!.'LJJ}~~;.~..T.
.~.gm~'l"1JU1.A
On this 12th day of JRnuarv ,in the year 2011 , before me. a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowlede-ed said instrument to be the voluntary act and deed of said corporation.
r"~'"~. K~~'-l. ~ /J J
~NOTARY PUDLJC~~ .
i~SOUTH DAKO"m~ otary Public - South Dakota
, .
+.............,........"-......................+
My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore. that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
SURE
COMPANY
Paul T. Brufla
enior Vice President
}ss
In testimony whereof, I have hereunto set my hand and. seal of Western Surety Company this
January 2011 -
12th
day of
COMPANY
Fonn F5306-9-2006
Paul T. Brufla enior Vice President
.
. .
STATE OF
COUNTY OF
Oregon
Jackson
} ACKNOWLEDGMENT OF SURETY
. (Attorney-in-Fact)
"
Bond No.
11048150
On this day of , before me, a notary public in
and for said County, personally appeared StiR VIVIAN (;F.ORC:;F.
to me persona!ly known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY,
a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
~esrod SUE VIVIAN GEORGE
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation. .
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my officia! sea! at
Medford Oreqon, the day and year last above written.
My commission expires
Notary Public
Fonn 106-4-2000
~
PERFORMANCE BOND
The undersigned REGGIE DEVORE DBA: DEVORE ELECTRIC & CONSTRUCTION . as
principal. further referred to in this bond as Contractor. and WESTERN SURETY COMPANY
. as suretv. further referred to in this bond as Suretv. are iointlv and severally bound unto
Citv of Ashland. as obligee. further referred to in this bond as Citv. in the sum of ONE HUNDRED THIRTY THOUSAND
EIGHT HUNDRED TWENTY TWO AND 60/100
Dollars ($ 130.822.60 ).
Co~tractor and Citv have entered into a written contract dated January 4, 2011
. for the following Droject: Laurel Street Sidewalk Imnrovements. This contract is
further referred to in this bond as the Contract and is incorporated into this bond bv this reference.
The conditions of this bond are:
I. If Contractor faithfullv Derforms the Contract in accordance with the plans. soecifications and
conditions of the contract within the time Prescribed bv the Contract. as required bv 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 bv Citv to be in default under the Contract. the Suretv shall promptly
remedv the default. perform all of Contractor's obligations under the contract in accordance with its
terms and conditions and pay to Citv all damages that are due under the Contract.
3. This bond is subiect to claims under ORS 279C.380 through 279C.390.
4. This obligation iointlv and severallv binds Contractor and Suretv and their respective heirs.
executors. administrators. successors.
5. Surety waives notice of modification ofthe Contract or extension of the Contract time.
6. NOnDayment of the bond Premium shall not invalidate this bond. .
7. The bond number and the name. address. and telephone number of the agent authorized to receive
notices concerning this bond are as follows. '
Bond Number: 71048750
Bond Agent: INSURANCE MARKETPLACE INC
Address:
P.O BOX 278 , Medford, OR 97501
Telephone:
541-779-0177
SIGNED this
14
day of
January
!WO. 2011
City of Ashland
46
-
WITNESS:
CONTRACTOR:
(Corporate Seal)
Title:
PERFORMANCE BOND Pa.e 2
Re
DeVore Electric & Construction
By:
Owner
Legal Address: 2444 Avenue A
Attest:
WITNESS:
SURETY:
White City, OR 97503
Corporate Secretary
By:
,
We~[n sure~ Company,
,JL~.l _ tI.IA).;</,lJ1} jJ)1 ~-
,
Title: Sue Vivian George, At torney in:" fac t
Legal Address: POBox 5077
Sioux Falls, SD 57417
Attest:
\,
~"
Corporate SeCretary
City of Ashland
47
.'
Western Surety Company
POWER OF ATTORNEY ~CERTIFIED COPY
Bond No.
71048750
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and exist~ under the laws
of the State of South Dakota, and having its principal office in Sioux. Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint SUE VIVIAN GEORGE
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal:' Reggie De Vore dba De Vore Electric and Construction
Obligee:
City of Ashland
Amount:
$500,.000.00
and to bind the Company thereby as, fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may'do within the above stated limitations. Said appointment is made under and by authority of the followini' bylaw of West em Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corpora~ion shall be executed in the
corporate name of the Company by the President, S~retary, any Assi.stant Secretary, Treasurer, 'or any Vice President or by such other
officers as the Board, of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shan have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of ally bo~ds, policies, nndertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer ~d ,the corporate seal may be printed by facsimile,"
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
2011 , but until such time shall be irrevocable and in full force and effect.
Auaust 1
In Witness Whereot: Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat,
andit,coro\li#ll~f."tobeaflixedthi, 12th. dayof Januarv 2011
'!4,r.,; y "fii~
." ....."r....."'"
<'!J.........z..'V'i'-- T ....1-
-;.."--'- ~ ........... .(\ (0.
Q.~...... . ......0'"
$:'Ji'/ ^~Olf... ....~~
5;::,0,...... ....,)':. .,'<1,.
""-'lj ....'~i
siJi .. iz~
~~\ ,f!I'r. eo /;<~
';!. >or ..... ~ Ii: A.....' 1< l
STi'4'lpll'-~~~~'~i#A
uN'i:' frl.;~
co ~'u,.
On this 12th day of Janua rv ,in the year ::>'011 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me dilly sworn, acknowledged that he signed the above Power of Attorney as the afores~d officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
......~............t. ~
': .D.KRELL : . '~/JJ
NOTARY PUBLIC ' " .
f~SOUTH DAI<OTA~ otary Public - South Dakota
. .
+............................................... + .
My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota. do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
COMPANY
raul T. Brufla Senior Vice President
}"
In testiniony whereof, I have hereunto set my hand and seal of Western Surety Company this
January 2011 -
12th
day of
Fonn F5306-9-2006
COMPANY
~nior Vice President
..
.(
STATE OF
COUNTY OF
Oregon
,Jackson
} ACKNOWLEDGMENT OF SURETY
. . (Attorney-in-Fact)
ss
Bond No.
71048750
On this day of , before me, a notary public in
and for said .County, personally appeared StIR VTVTAN GF'.ORGF.
to me personally known and being by me duly sworn, did say. that he is the Attorney-in-Fact of WESTERN SURETY COMPANY,
a corporation of .Sioux Falls, South Dakota. created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said SUF. VIVTAN GEORGE
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to ~ign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my official seal at
Medford Oreqon . . the day and year last abo~e written.
,My conunission expires
Notary Public
Form 10e-.4,.2000
e~b" CERTIFICATE OF LIABILITY INSURANCE OP ID DR I DATE (MMIDDIYYYY)
01/11/11
nllS CERTIFICATE IS iSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RiGHTS UPON THE CERTiFICATE HOLDER. THIS
, CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement{s).
PRODUCER NAME?" .
Insurance Marketplace, Inc. rNC',Nrio. ExU: IWC,NOI'
1998 Skypark Dr Suite 100 ADMD....R~ss:
Medford OR 97504 CUSTOMER to #: DEVOR-l
Phone:54l-779-0l77 Fax: FAX ?72 -8235 INSURER(S) AFFORDING COVERAGE NAlel
INSURED INSURER A : Libertv Northwest Ins
DeV9re Electric & Construction INSURER B :
Re41nald DeVore
24 4 Avenue A INSURER C :
White City OR 97503 INSURER 0 :
INSURER E :
INSURER F :
COVERAGES
CERTIFiCATE NUMBER:
REViSION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING Am REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
,I~~~ TYPE OF INSURANCE I;;'SR WVD POLICY NUMBER (MM/DoivVYv) (MM/DDlYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE S 1000000
l- I PREMISes Ea occurrence)
A X COMMERCIAL GENERAL LIABILITY "'"' (11) 53 41 93 54 02/17/10 02/17/11 S 100000
I CLAIMS-MADE ~ OCCUR MED EXP (Anyone person) S 10000
l- X \ PERSONAL & ADV INJURY S 1000000
I- GENERAL AGGREGATE S 1000000
~'~ AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP AGG S 1000000
tn',PRO- S
POLICY . JECT lOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 750000
- (Eaaccldent)
A - ANY AUTO BAK (11) 53 41 93 54 02/17/10 02/17/11 J BODilY INJURY (Per person) S
ALL OWNED AUTOS BODilY INJURY (Per accident) S
-
~ SCHEDULED AUTOS X PROPERTY DAMAGE
S
- HIRED AUTOS (Per accident)
NON-OWNED AUTOS S
l- S
UMBRELLA LIAB H OCCUR EACH OCCURRENCE S
I-
EXCESS L1AB CLAIMS-MADE AGGREGATE S
- DEDUCTIBLE S
RETENTION S S
WORKERS COMPENSATION I TORY LIMITS I IU~R-
AND EMPLOYERS' LIABILITY . Y/N
A~ PROPRIETORIPARTNERlEXECUTIVD IA E.L. EACH ACCIDENT S
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L DISEASE - EA EMPLOYEE S
If~s,descrtbeunder E.L DISEASE - POLICY LIMIT
D SCRIPTION OF OPERATIONS below S
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
9ity of Ashland, its officersS ~loyees and agents added as additional
1nsured as per attached CG857 05 05 -
Project #2006-18 Laurel Street Sidewalk Improvement
.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ASHLAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Ashland its Officers
and Employees AUTHOR~DREPRESENTATNE
20 E Main Ave
Ashland OR 97520 R. Scott Weaver, CIC
I
ACORD 25 (2009/09)
@1988-2009ACORD CORPORATiON. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
CG 85 78 05 05
, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY
MASTER PAK@
FOR ARTISAN CONTRACTORS
(OREGON)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
SUBJECT PAGE
'* BLANKET ADDITIONAL INSURED (OWNERS, LESSEES, CONTRACTORS OR LESSORS) 2
FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT 3
NON-OWNED WATERCRAFT 4
SUPPLEMENTARY PAYMENTS (BAIL BONDS) 4
PERSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION 5
AGGREGATE LIMITS (PER LOCATION) 5
AGGREGATE LIMITS (PER PROJECT) 5
VOLUNTARY PROPERTY DAMAGE COVERAGE 6
OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE 6
NEWLY FORMED OR ACQUIRED ORGANIZATIONS 7
DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
BODILY INJURY (MENTAL ANGUISH) 8
WAIVER OFTRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 8
MEDICAL PAYMENTS 8
CONTRACTORS AMENDMENT OF POLLUTION EXCLUSION (JOB SITE) 8
.
.. BLANKET ADDITIONAL INSURED (Owners, Lessees, Contractors or Lessors)
'* (Includes a Primary/Non'Contributory provi'sion)
Section II _ Who Is An Insured is amended to include as an insured any person or organization whom you
are required'to name as an additional insured on this policy in a written contract or written agreement. The
written contract or written agreement must be currently jn effect or becoming effective during the term of
this policy and executed prior to the ,"bodily jnjury," "property damage" or "personal and advertising
injury." '
,
A person's or organization's status as an additional jnsured under this endorsement ends when your
operations for that additional insured are completed.
The insurance provided the additional insured is limited as follows:
A. The person or organization is only an addjtional insured with respect to liability caused by your
negligence and:
1. Arising out of real property, as descrjbed jn a written contract or written agreement, that you own,
rent, lease or occupy; or
2. Caused by your ongoing 0 perations performed for the addjtjona I insured.
The insurance provided the additjonal insured in 1.A.2.above does not apply to:
a. Coverage A _ Bodily Injury and Property Damage Liabiljty, Coverage B - Personal and Ad-
vertising Injury Liability or defense coverage under the Supplementary Payments arising out
of an architect's, en9 ineer's or surveyor's rendering of or failure to render any professional
services jncluding:'
(1) The preparing, approvjng, or failing to prepare or approve maps, ShDP drawings, opin-
ions, reports, surveys, field orders, change orders or drawings and specificatjons; and
(2) Supervisory, inspect jon, architectural or engineering activitjes,
b. "Bodily injury" or "property damag,e" occurrjng after:
(.1) All work, including materials, parts or equjpment furnjshed in connectjon wjth such work,
on the project (other than servjce, maintenance or repairs) that was performed by or on
behalf of the additional jnsured(s) at the site where the covered Dperatjons have been
completed; or '
(2) That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontrac-
tor engaged in performing operations for a principal as part of the same project.
B. The limits of insurance applicable to the additional insured are those specified hi a written contract or
written agreement or the Iimjts of Insurance as stated in the Declarations of this policy and defined jn
Section 111_ limits Of Insurance of this policy, whichever are less, These limits are inclusive of and not
in addition to the Ijmits Df insurance available under this pDlicy,
C. The insurance provided the additional insured does nDt apply to the liability resulting from the neg-
iigence of the additional insured.
P~nQ , nf R
.
D. As respects the coverage provided to the additional insured under this endDrsement, Section IV.
Conditions is amended as follows:
1. The fDllowing is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit"
under this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all jnsurers whom also have
insurance available to the additional insured; and
c. Agree to' make available any other insurance which the additjonal insured has for a loss
we cover under this Coverage Part.
2. . The fDllowing is added to Condition 3. Legal Action Against Us:
We have no duty to defend or indemnify an additiDnal insured under this endorsement until we
receive written notice of a clajm or "suit" from the additional insured,
3. The following is added to Paragraph a., Primary Insurance Df Condition ( Other Insurance:
~
If the additional insured's policy has an Other Insurance provisiDn making its policy excess, and a
Named Insured has agreed in a written contract or written agreement to prDvjde the additional
insured coverage on a primary and noncontributory basis, this policy shall be prjmary and we will
not seek contribution from the additjonal insured's pDlicy for damages we cover.
4. The fDllowing is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance:'
Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided
hereunder shall be excess over any other valid and collectible i Iisurance available to the additional
insured whether primary, excess, contjngent or on any other basis. In the event an additional
insured has other coverage available for an "occurrence" by virtue of also being an additional
insured on other policies, this insurance is excess overthose other poljcies.
2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT
If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the
following applies:
A. The last paragraph of 2. Exclusions of Section I . Coverage A is replaced by the following:
If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through,n. do not
apply to damage by fire, lightning, "explosion" or sprinkler leakage tD premises while rented to
you or temporarily occupied by you with permission of the owner, A separate limit of insurance
applies to this coverage as 'described in Section 111- Limits Of Insurance.
.
· B. Paragraph 6. of Section 111- Limits Of Insurance is replaced by the following:
6. Subject to 5. above, the Damage To Premises Rented To You Limit shown in the Summary of
Limits and Charges section of this policy is the most we will pay under Coverage A for
damages because of "property damage" to premises rented to you or temporarily occupied by
you with the permission of the owner arising out of anyone fire, lightning, "explosion" or
sprinkler leakage incident.
C. Paragraph b.(l){b) Df Condition 4. Other Insurance (Section IV - Conditions) is replaced by the
following:
(1) That is Fire, Lightnjng, Explosion or Sprinkler Leakage insurance for premises rented to you or
temporarily Dccupieci by you with the permission of the owner;
D. Paragraph 9.a. of the definition of "insured contract" jn Sectjon V- Definitions is replaced by the
following:
9. "Insured contract" means:
a. A contract for the lease of premjses. However, that portiDn of the contract for a lease of
premjses that indemnifies any person or organization for damages by fjre, lightning,
"explosion" or sprinkler leakage to premises while rented to you or temporarily Dccupied
by you with th.e permjssion of the owner js not an "insured contract";
E. The followjng definitjon is added to Section V - DefinjtiDns:
"Explosion" means a sudden release of expanding pressure accompanied by a noise,.a bursting
forth of material and evidence of the scattering of debris tD locations further than would have
resulted by gravity alone.
"Explosion" does not include any of the following:
1. Artificially generated electrical current including electrical arcing that disturbs electrical
devjces, appliances or wires;
2. Rupture or bursting of water pipes;
3. Explosion Df steam boilers, steam PiPes, steam engines or steam turbines owned Dr
leased by you, or operated under your control; or
4. Rupture or bursting caused by centrifugal force..
3. NON-OWNED WATERCRAFT
Subparagraph g.(2) of Paragraph 2.. Exclusions of Section 1- Coverage A is replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge;
4. SUPPLEMENTARY PAYMENTS
In the Supplementary Payments - Coverages A. and B. provision:
The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000.
.... ...!..L. :.._ _....._l.....:.........
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5." PfRSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION
.
Paragraphs 14.b., d. and e. of Section V - Definitions are replaced by the following:
b. Malicious prosecution or abuse of process;
d. Oral, wiitten, televised, videotaped or electronic publication of material that slanders or libels a
person or organization or disparages a person's or organization's goods, products or services;
e. Oral, written, televised, videotaped or electronic publication of material that violates a person's
right of privacy;
The following is added to Paragra ph 14. "Personal and Advertising Injury',' of Section V - Definitions:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person,
but only if such discrimination or humiliation is:
(1) Notdone intentionally by or at the direction of:
(a) An insured; or
(b) Any "executive officer" director, stockholder, partner or member of the insured; and
(2). Not directly or indirectly related to the employment, prospective employment or termination
of empioyment of any person or persons by any insured.
Subparagraphs b. and c. of 2.. Exclusions of Section I - Coverage B - Personal And Advertising Injury
Liability are replaced by the following:
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic
publication of material, if done by or at'the direction of the insured with knowledge of its falsity;
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic
'publication of material whose first publication took place before the beginning of the policy pe-
riod;
6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION)
The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your
"locations" owned by or rented to you or temporarily occupied by you with the permission of the owner,
"Location" means premises invoiving the same or connecting lots, or premises whose connection is
interrupted only bya street, roadway, waterway or rig ht-of-way of a rail road.
7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT)
The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your
projects away from premises owned by or rented to you.
. .. . --- -..--~..I _~ 1C"f"'\ D..........CIortio~ Inr. with its oermission.
Page 5 of B
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'8. "VOLUNTARY PROPERTY DAMAGE COVERAGE
At your request, we will payfor "loss" to property of others caused by your business operations. The most
we will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy period.
The "occurrence" must take plac~ in the "coverage territory".
"Loss" means unintended damage or destruction. "Loss" does not mean disappearance, abstraction
or theft.
This coverage does not apply to:
1. Damage arising out of the use of any "auto";
2. Property you own, occupy, rent or lease from others; or
3. Property on your premises for sale, service, repair or storage.
None ofthe other policy exclusions apply to this coverage.
If the policy to which this endorsement is attached is written with a property damage liability deductible,
the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be
reduced by the amount of this deductible.
9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE
A. We will pay those sums that you become legally obligated to pay as damages because of "property
damage" to personal property of others while in your or your "employees" care, custody or control or
real property of others over which you or your "empioyees" are exercising physical control if the
"property damage" arises out of your business operations. This Coverage is subject to sections B., C.,
D. and E. below.
B. Exclusions
This insurance shall not apply to:
'1. "Property damage" of property at premises owned, rented, leased, operated or used by you;
2. "Property damage" of property while in transit;
3. The cost of repairing or replacing:
(a) Any of your work defectively or incorrectly done by you or by others on your behalf; or
(b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused
directly by you after delivery of the product or completion of the work and resulting from a
subsequent undertaking; or
4. "Property damage" of property caused by or arising out of the "products-completed operations
hazard" .
C. Limits of Jnsurance - The most we will pay for "property damage" under this Section 9'. is $25,000 for
each "occurrence". The most we will pay for the sum of all damages covered under this Section 9.
because of "property damage" is an annual aggregate limit of $25,000.
The Limits of Insurance provided under this Section 9. are inclusive of and not in addition to any other
limits provided in the policy or endorsements attached to it.
D. ..Deductible . We will not pay for "property damage" in anyone "occurrence" until the amount of
"property damage" exceeds $250. If the policy to which this endorsement is attached contains a
"property damage" deductible, that deductible shall apply if it is greater than $250.
E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace
the 'property or furnish the labor and materials necessary for repairs thereto at your actual cost,
, excluding profit or overhead charges.
.
. 16: NEWLY FORMED OR ACOUIRED ORGANIZATIONS
A. Paragraph 4. of Section 11- Who Is An Insured is deleted and replaced by the following:
4. Any business entity acquired by you or incorporated or organized by you under the laws of any
individual state of the United States of America over which you maintain majority ownership
interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a
Named Insured if there is no similar insurance available to that entity. However:
a. Coverage under this provision applies only until the expiration of the policy period in which
the entity was acquired or incorporated or organized by you.
b. Coverage A does not a pply to "bodily injury" or "property damage" that occurred before the
entity was acquired or incorporated or organized by you.
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before the entity was acquired or incorporated or organized by you.
d. Records and descriptions of operations must be maintained by the first Named Insured.
B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded
either by provisions of the Coverage Part or by other endorsement(s) attached to it.
11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR 'SUIT
F
A. The requirements in Section IV . Conditions Paragraph 2.a. that you must see to it that we are notified
of an "occurrence" applies only when the "occurrence" is known to:
1. You, if you are an individual;
'2. A partner, if you are a partnership;
3. A member or manager, if you are a limited liability company;
4. An executive officer or designee, if you are a corporation;
5. A trustee, if you are a trust; or
6. A designee, if you are any other type of organization.
B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive
written notice of a claim or "suit" will not be considered breached unless the breach occurs after such
claim or IIsuit" is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. A member or manager if you are a limited liability company;
4. An executive officer or designee, if you are a corporation.
5. A trustee, if you are a trust; or
6. A designee, if you are any other type of organization.
Knowledge of an "occurrence,'; claim or "suit" by the agent, servant or "employee" of any insLired shall
not in itself constitute knowledge of the insured unless an officer or designee shall have received notice
from its agent, servant or "employee".
'.
12> ~D1lY INJURY
Paragraph 3. of the definition of "bodily injury" in the Section V - Definitions is replaced by the following:
3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental
anguish or death resulting from any of these at any time.
13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against any person or organization for whom you perform work under a written
contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement.
14. MEDICAL PAYMENTS
If Coverage C Medical Payments is not otherwise excluded, the Medical Expense limit provided by this
policy shall be the greaterof:
A. $10,00D; or
B. The amount shown in the Declarations.
15. CONTRACTORS AMENDMENT OF POllUTION EXCLUSION (JOB SiTES)
The following is added to Subparagraph f.(1)(d) of Paragraph 2., Exclusion f. of Section I:
(iv) "Bodily injury" or "property damage" to tangible property sustained outside a building and
caused by'the release of "pollutants" brought to any premises, site or location in connection with
operations being performed by you or on your behalf by a contractor or subcontractor.
As usad inthis endorsement, the release of "pollutants":
(aa) Begins on a clearly identifiable specific day during the policy period and ends in its entirety
not later than seventy-two (72) hours thereafter;
(bb)ls discovered and reported to us within fifteen (15) days ofthe specific day it begins;
(cc) Is neither expected nor intended from the standpoint of any insured;
(dd)ls unrelated to any previous discharge, dispersal, seepage, migration, release or escape; and
(ee) Does not originate at or from a storage tank or other container, duct or piping which is below
the surface of the ground or water or which at any time has been buried under the surface of
the ground or water and then is subsequently exposed by erosion, excavation or any other
means.
As used in this endorsement, tangible property does not include water or land, which is beiow ground level
or not.
Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration, release or
escape that is merely threatened or alleged rather than shown to have actually occurred.
All other terms and conditions of your policy remain unchanged.
..
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dep\.:
Approval:
Approval of a Contract to Construct the Laurel Street
Sidewalk Improvement Project
January 4, 2011 Primary Staff Contact:
Public Works E-Mail:
Conununity Development Secondary Contact:
Martha Bennett Estimated Time:
James H. Olson
olsonj@ashland.or.us
Morgan Wayman
Consent
Question: .
Will the Council, acting as the Local Contract Review Board (LCRB), approve the award of a contract
to DeVore Electric and Construction, in the amount of $130,822.60 to construct the Laurel Street
Sidewalk Improvement Project No. 2006-18?
Staff Recommendation:
Staff reconunends that the LCRB approve the award of a contract to De V ore Electric and Construction
as apparent low bidder in the amount of$130,822.60 to construct the Laurel Street Sidewalk
Improvement Project No. 2006-18.
Background:
On December 16, 2010 at 2:00 pm, Public Works Staff opened and read nine bids received for the
Laurel Street Sidewalk Construction Project No. 2006-18. The low bid of $130,822.60 was submitted
by De Vore Electric and Construction, a White City Oregon company. All bids were submitted in
accordance with the advertised requirements and were complete with bid bonds and all other required
forms and documents. The low bid was $177 less than the engineers estimate and $13',656 below the
second place bid. The low bid appears to be reasonable and there is no legal reason for rejection of the
bid. The project is adequately funded and all approvals are in place to allow a quick construction start-
up.
Bid Results
The Laurel Street Sidewalk Improvement Project was first advertised for bids on November 23,2010
in local newspapers as well as in the Daily Joumal of Conunerce. Bid packages were distributed to 23
prospective bidders.
A pre-bid conference was held on December 2, 2010 with seven persons in attendance. A single
addendum was issued in response to questions posed at the conference.
On December 16, 2010 at2:00 pm nine bids were received, opened and read aloud by City Staff. All
bids were responsive and legally submitted, including the low bid of$130,822.60 submitted by
DeVore Electric and Construction.
Proiect Funding
This project is being funded through a fund exchange agreement with ODOT which was allocated
through the local Metropolitan Planning Organization (MPO). 'This agreement funds the Laurel Street
Page 10f2
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safe route to school project which includes both the Laurel Street Sidewalk Construction Project and
the Hersey/Laurel Railroad Crossing improvement project. The combined cost of both projects was
approved at $730,000 with the agreement providing 94% or $686,200 of the total. The Laurel Street
Sidewalk Project is estimated at $165,000 including engineering and administration costs. The balance
of$521,200 will fund the rail crossing project.
CITY OF
ASHLAND
Prior Council Actions
On May 4, 20 I 0 the council approved an engineering contract with Thornton Engineering to provide
design and construction services for the Laurel Street Sidewalk Improvement Project. At that same
meeting the council also approved the fund exchange agreement with ODOT to fund both the Laurel
Street Sidewalk Improvement Project as well as the Hersey/Laurel Rail Crossing Improvement project.
Related City Policies:
The Council acts as the Local Contract Review Board, under authority granted by ORS 279A, 279B
and 279C as well as AMC 2.50 and is required to approve contracts in excess $100,000.
Council Options:
o Council may authorize the award of a contract to the apparent low bidder for the Laurel Street
Sidewalk Improvement Project No. 2006- 18.
o Council may reject all bids and authorize staff to re-bid project.
Potential Motions:
o Move to approve an award of contract to the apparent low bidder for the Laurel Street Sidewalk
Construction Project No. 2006- I 8.
o Move to reject all bids and authorize staff to re-bid the project
Attachments:
o Bid summary
o Low bid proposal
Page 2 of2
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,
STATE OF OREGON
(CQ~}f
STATUTORY PUBLIC WORKS BOND
Surety bond #: 360B93C
CCB # (ifappJicable): 134196
W Reginald Lee DeVore
e,
Indemnltv Comoanv of California . a eorporation qualified and authorized to do
business in dIe State of Oregon, as surety, are held and finuJy bound uuto the State of Oregon for the use and benefit of dIe Oregon
Bureau of Labor and hldustries (BOLl) in the sum of thirty thousand dollars ($30,000) lawful money oflhe United States of America
to be paid as provided in ORS chapter 279C, as amended by Oregon Laws 2005, chapter360, for which payment well and truly to be
made. we bind ourselves, our lleirs, personal representatives, successors and assigns, jointly ~d severally, firmly by this agreement
DBA Devore EJecgtric & Construction
. as priucipaJ, aIid
WHEREAS, the above-named principaJ wishes to be eligible to work on publie works project(s): subject to the provisions ofORS chapter
279C, as amended by Oregon Laws 2005, ehapter 360, and is, therefore, required to ohtain and file a statutory puhlic works hond in
thc penal sum of$30,OOO with good and sufficient surety as required pursuant to the provisions of seetion 2, chapter 360, Oregon Laws
2005, conditiooed as herein set forth.
NOW, TIlEREFORE, the conditions of the foregoing obligations are that if said principaJ with regard to all work done by the principal
as a contractot or subcontractor on pnhlic works project(s), shall pay all claims ordered by BOLl against thc prineipaJ to workers
performing lahor upon public works projects for unpaid wages detcnuined to be duc, in accordance with ORS chapter 279C, as amended
by Oregon Laws 2005, chapter 360, and OAR Chapter 839, then this obligation shall be void; otherwise to renlain in full force and effect.
This bond is for lhe exclusive purpose of payment of wage claims ordered by BOLl to workers performing lahor upon public works
projects in accordance with ORS chapter 279C, as amended by Oregon Laws 2005, ehapter 360.
This bond shall be one continuing obligation, and the liahility of the surety for the aggregate of any and all elaims which may arise
hereunder shall in no event exeeed the amount of the penalty of this bond.
This hond shall become effective on the date it is executed by bod] the principaJ and surety and shall eontinuously remain in effect until
depleted by claims paid under ORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, unJess the surety sooner cancels the
bond. This bond may be caneelled by the surety and the surety be relieved of further liability for work performed on colllI1lcts entered
after cancellation by giving 30 days' written notice to the prineipal, the Construction Contractors Board, and BOLL Cancellation shall
not limit the responsibility of the surety for the payment of claims ordered by BOll relating to work preformed during the work period
of a contract entered into before cancellation of this hondo
IN WITNESS WHEREOF, the principal and surety execute this agreement. The surety fulJy a~thorizes its representatives in the State
of Oregon to enter into this ohligation.
SIGNED, SEALED AND DATED this 15TH
day of May
,2009
,SOI;"ty by:
j>riI)cipa,! py;.
, Indemnity Company of California
Compcmy Name
(Seal)
Reginald Lee DeVore
DBA Devore Elecwnc & Construction
Name
Signature
S;gnahtre
Attomev-In-Fact
Tille (e.g. Aflomey-il1-Focl)
Tille
;.:;:~SI;:N.QlB~~~1\€)~f'-i'~'\'$jJ~:,',:::; ,~Gonsrnueti(JnfGODtr.actoriimo~u:ai
J;.titY~\'!~;il'I~~,;;,~~~~~~t!-'f'il!~:~~F~}~~~f~~~tf(1
2444 Avenue A
Address
While City, OR 97503
CilY
Slate
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UMITED POWER OF ATTORNEY FOR
DEVElOPERS SURETY.AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE; CA 92623 (949) 263-3300
KNOW All MEN BY THESE PRESENTS, thet """'Ilt.is express~ limited, DEVELOPERS SURETY AND INDEMNITY COAI.PANY and INDEMNITY COMPANY OF CALIFORNIA, do
eachsevesally.llrtnoljoinUy,herebymake.C<lI1SIiUJteaMappojnt SUE GEORGE
AUTHORITY LIMITED TO: BOND NUMBER 360893C
BOND AMOUNT $30,000.00
as the true and lawful AJ.torney(s)-jn-Fact, 10 make, execute, deliver and acknowledge, for and on behalfof said coiporalions. as ~ureties. bonds, undertakings and contracts of suretyship
giving and granting unto said Attomey(sHn-Fact full power and authoTily to do and to peTfOlm every act necessary, reQuisire or proper to be done in coMection therewith as each of said
COrporatiollS cottd do, but reselVing to each of said corporations fun power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to lhese presents.
are
hereby..lifll>dand~
Th~ Pa.ver of Attorney is granted and ~ signed by lacsiaile under and by authority of the loIfowing resolutions adopted by the respective Board of Direcfols of DEVElOPERS SlIRETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as 01 January is, 2OOB.
RESOLVED, that the Chairman of the Boom, the President and any Vice President of the corporation be, and that eaCh of them hereby is, authorized 10 execute Powers of
Attorney. qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and oontracts of suretyship; and that the SecretaJy
or
any Assistanf SecretaJy of the corpORltions be, and each of them hereby is, authorized to attest the execution of any such Power ~ Attorney;
RESOLVED, FURTHER, lIla-t the sonatures of suctJ officern may be affixed to any such Power of Attorney or to any Certificate relating thereto by facsimile, and any such
Power of Attorney or cenificate bearing such facsirnle signatures shan be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
By:
Charles L. Day, Assistant Secretary
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Executive Vice President and attested by their respective Secretary this 1s1 day of January, 2008.
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By: ~ V ~ '",~~~ oANDj~"'"
- .~:..~ .............'c~;-f",'
Sf2phen T. Pate, Senior Vice Pres .f.~'-.,-;,'/.. O~>;,,"1!. '\
"'i '~fJ ~'."-~~
,=,:.f . OCT.. - ViE
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Stete of Caifomia
County of Orange
On
Jaooarv 1st. 2008
Date
before me,
ChristoPher J. Roach. NOtarv PubliC
Here Insert Name and Title of the Officer
personally appeared
Stephen T. Pate and Charles L. Day
Name(s) 01 Signer(s)
t -r . .~~;.;;~~~
.~. ' 'COMMAt:V.':,I5. 989 .;:<
, NOTAR\"PIlBOlD11IUIl!DRN1A~
: " ' .000000,COlIl\m' i.,
.~ . :MyaJll1ltt.lllljliresMay'19;l!D1l,ilt
r "... .. .W .. ... ... ... _ ..... '. "-.. .. . ....
who proved to me on the basis of satisfadoryevidence to be the ptmlOn(s) whose name(s) isla.. subsaibed to
the within instrument and acknowledged to me that baIsheIthey exeartad the same in hJs.I1erltheiT authorizad
capacity(ies), ~d that by hisiherltheir signature(s) on ~ instrument the pernon{s), orthe ~tity' upon behalf of
which the PelSOn(S) acred, executed the iastrument ........ ...,... , ,. .,..:..
Place Notary Seal Above
I certify under PENAL TV OF PERJURY under 1he laws of the State of Ca6fomia that 1he foregoing paragraph ~
lJUeandcorrect.
Witness niy band and~ s~ ,
Signalllre ~./ ~~-
Signature of No~c, Christopher J. Roach
CERTIFJCATE
The undersigned, as Assistent Sealltery, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hB'eby certify
Ihat the foregoing Power of Attorney remains in fuB force and has not been revoked, Bnd furthermore,that the plDVisions of the resoiutiJns of the respective Boards of Directors of said
corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. .
This Gertffica1e is executed in the City 01 Inrine, Caifomla, the 15TH day of
BY~~
,/"" Albert HHlebrand. Assistant ecretary .
May
2009
#
,....
1D-1381(Wet)(Rev.Ol107)
r~'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER
Page 1 /1
,~i!!iJ\!!DME~:1iitTh:
2/8/2011
~p.01NUMBERwm.
10004
VENDOR: 015852
DEVORE ELECTRIC & CONSTRUCTION
2444 AVENUE A
WHITE CITY, OR 97503
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date:
Specialinst:
Req. No.:
Dept.:
Contact: Jim Olson
Confinning? No
i!:l1'auanffilifil1 !lro11iiWJ ~~~J;~1J.fl1~i~~~oescrihiiorrJ:{[n?~:~~-{:i:7:~~gg:':;:?,~?~ff~;W4m~ !lllI!luiiifp.i1ce_I....Ext~P.rice.....
Construct the Laurel Street Sidewalk 130,822.60
Improvement Project No. 2006-18
Approved by Council on January 4, 2011
-
,
/ SUBTOTAL 130 822.60
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREiGHT 0.00
541-552-2028 TOTAL 130,822.60
ASHLAND, OR 97520
lIIlf,i.'Ccount!Nlii'iioer gP.i'OjOc'ifNumDerli_ ...._lIl11o"nt_ IlllI'lIcco"nt!N"moer. ~p.rojOctlNlii'iiDer_.
E 260.08.12.00.70420 E 200618.120 130822.60
~ ~ed:g~~
VENDOR COPY
.
.
CITY OF
ASHLAND
REQUISITION
No. PW_ - FY 2011
Department PW ENGINEERiNG
Vendor DeVore Electric & Construction
2444 Avenue A
White City, OR 97503
Account No. 260.08.12.00.704200
Date January 26, 20 II
Requested Delivery Date
Deliver To Jim Olson
Via
(. Narc: Please allow approximately two(2) weeks for deliveT)' on items not
generally caried in stored, and approximately two (2) months on printingjobs.)
, ,
Item No. Quantity Unit Description Use ofPurchasi~g Office Onlv
Unit Price Total Price PO No.
Construct the Laurel Street Sidewalk Improvement
Project No. 2006-18 contract award approved
by council on 1/4/2011 $ 130,822.60
for Kari:
BID IRFP / EXEMPT:
Contract Start Date: 14-Feb-11
Contract Completion Date: 6/30/20 II
Insurance on file: !YES INO
Project No: 2006-18
. ,
Job No.
Unit No.
I hereby certify that the above items are necessary for the operation
orlhis department and are budgeted
~~Q~
Depanmc:nt Head or Authorized Person
~~~L---
Issued By
Date
Received By
r.l1
G:lpub-wrksleng\06-18 Laurel St SidewalkslA_Admin\08-18 DeVore Requisition.xls