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HomeMy WebLinkAbout2013-155 Contract - Oleson Concrete Construction Contract for GOODS AND SERVICES C I T Y OF CONTRACTOR: Oleson Concrete Construction ASHLAND CONTACT: Jim Oleson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 175 Valley Lane Jacksonville, OR 97530 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 601-9209 DATE AGREEMENT PREPARED: FAX: BEGINNING DATE: May 15, 2013 COMPLETION DATE: September 30`h, 2013 COMPENSATION: $49,985.00 GOODS AND SERVICES TO BE PROVIDED: Historic Bridge Repair. ADDITIONAL TERMS: Not to exceed, but not less than $49,985.00 NOW THEREFORE, pursuant to AMC 2.50.090 and, after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 27913.225, 27913.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,494 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, count or other sources is not obtained and continued at levels Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 1 of 5 sufficient to allow for the purchase of the indicated quantity of services, ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination. Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. . Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liabilit 'nsur nce with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000; 1,000,000 $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall inclu a actual liability coverage for the indemnity provided under this contract. C. Automobile Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000 1 000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurers to Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 2 of 5 the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only .with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor. City of y Ashl B By n Signature Department Head % &les©4 Print Name Print Name /u/>n a?- q2r Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. AP '70 =ED FORM u Signature Date Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from . backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: Ac (1) 1 carry out the labor or services at a location separate from my residence or is in a D specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. < (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. i Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 4 of 5 4 O® oaTE lmwoDmyY1 CERTIFICATE OF LIABILITY INSURANCE 5/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAM CON CT Julie Asher E: Ashland Insurance Inc PHONE (541)482-0831 A/~C Ru• (541) 498-5051 585 A Street Suite 1 'ArOfiES$Ijasher@aohlandins=ance.com P. O. BOX 880 INSURERS AFFORDING COVERAGE NAICR Ashland OR 97520 INSURERA:Navi atare Insurance 42307 INSURED INSURER B : James Oleson 6 Tanya M Oleson INSURER C: DBA: Oleson Concrete Construction INSUREx o: PO BOX 342 INSURER E: Jacksonville OR 97530 INSURER F: COVERAGES CERTIFICATE NUMBER:CL12 8 90370 6 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRR TYPEOFINSURANCE ADDL SUER PPOLICY EFF POUDYEXP POLICY NUMBER moDIT( ms, OLICYVYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERC WL GENERAL LIABILITY QAISES Fa a~naa S 200,000 A CLAIMS-MADE Fx] OCCUR X 6-10148185 /29/2012 129/2013 MED EXP(Any o man) S 10,000 PERSONAL& ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS -COMPMP AGG 5 2,000,000 X POLICY PRO LOC S 5MALL MOOLE LIABILrrY COW ED SINGLE LIMIT Estlerd 5 Y AUTO BODILY INJURY(Per pmaon) $ ONMED SCHEDULED BODILY INJURY(Pu .cidW) S LITO6 6 AUTOS NON-0V/NED PROPERTY DAMAGE S HIRED AUTOS AUTOS era2d I PKG S UMBRELLALIAe OCCUR EACH OCCURRENCE $ EXCESS LUIB CLAIMS-MADE AGGREGATE S OED RUENT1014S 5 WORKERS COMPENSATION VJC STATU- OTH- ANDEMPLOYERS' LmBILLTY ylR ANY PROPRIETORMARTNERIFXECUTIVE❑ NIA EL EACH ACCIDENT S OFFICERIMEMBER EXCWOE07 (Mandatory In NH) E.L. DISEASE - EAEMPLOYE S Uae d.albeundw SGIRI"ON OF OPERATIONS babes EL DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddlUanal Rvnodn Schadula, If more -I-- Is -4uld) City of Ashland S Ashland Parks and Recreation are named as additional insureds. CERTIFICATE HOLDER CANCELLATION (541)4BB-5320 bruce.dickens@ashland.or.u SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. Ashland, OR 97520 auTxawzEO REPRESENTATIVE Julie Asher (V~~ .,,v ACORD 25 (2010105) ©19 900 ACORD CORPORATION. All rights reserved. INS025 (20100S).DI The ACORD name and logo are registered marks of ACORD Oleson Concrete Construction CCB#137298 olesonconcrete.com 175 Valley Lane Jacksonville, OR. 97530 (541)601.9209 April 29, 2013 Invoice #042013 Proposal submitted to: Proposal Site: Ashland Parks and Recreation Lithia Park City of Ashland Historic Bridge bruce.dickens(@,ashland.or.us 340 S Pioneer St. Ashland, OR 97520 541.488.5340 Historic Bridge repair: Prepare area as needed. To include chipping, chiseling. etc. Repair work will include retarding of old reinforcement steel against corrosion. All materials used will be of the highest possible grade. The repairs will match with true historic authenticity in color, finish and texture. Provisions will be made throughout duration of project for environmental and public safety. Total cost not to exceed, but not less than $ 49985.00 Billing will be made and payable at various phases of preparation & repair work during project. Final balance will be paid upon completion of.project. Respectfully submitted on April 29, 2013 by:. Accepted by: James T. Oleson - 0 0 r: o c regon Parks and Recreation Department State Historic Preservation Office John A. Kitzhaber, MD, Governor 725 Summer St NE, Ste C Salem, OR 97301-1266 March 13, 2013 (503) 986-0671 Fax(503)986-0793 www.oregonheritage.org Mr. Bruce Dickens Ashland Parks & Recreation Dept oaccoN xamx 340 Pioneer mi.M.. FWfU45 Otrcovery . Ashland, OR 97520 RE: SHPO Case No. 13-0284 Atkinson Bridge Repair Proj DOE/FOE/rehab concrete bridge Ashland Planning Dept 59 Winburn Wy, Ashland, Jackson County Dear Mr. Dickens: We have reviewed the materials submitted on the project referenced above, and we concur with the determination that the property is eligible for listing in the National Register of Historic Places. We also concur with the finding of no adverse effect for the proposed project. Unless there are changes to the project, this concludes the requirement for consultation with our office under Section 106 of the National Historic Preservation Act (per 36 CFR Part 800) for above-ground historic resources. Please feel free to contact me if you have any questions, comments or need additional assistance. Sincerely, J on Allen, M.A. Historic Preservation Specialist (503) 986-0579 jason.allen@state.or.us OREGON SHPO CLEARANCE FORM Do not use this form. for ODOT or Federal Highwayprojects or to record archaeological sites This,form is~for' federaticulturaliresourceireviews,(Section`106) state culturalhesource reviewsi(.0 RS 358+853)1 SECTlONfly °t?ROPERTcY INFORMATIONI (SHPO~CaselNumber . O a, a = k s-- - Resource Name: Atkinson Bridge Street Address: 59 Winburn Way City: Ashland County:Jackson Agency Project # Project Name: Atkinson Bridge Repair If there is not a street address, include the Township„ Range, and Section, cross streets, or other address description Owner: ❑ Private ® Local Gov ❑ State Gov ❑ Federal Gov ❑ Other: Are there one or more buildings or structures? ❑ YES ® NO - If no, skip to Section 2 and append photo(s) Is the property listed in the National Register of Historic Places? ®YES -Individually ®YES - In a district [I NO Original Construction date: 1912_ ❑ Check box if date is estimated Siding Type(s) and Material(s): Concrete Window Type(s) and Material(s):N/A Has the property been physically altered? ® No Alterations ❑ Few Alterations ❑ Major / Many Alterations SECTION 2 APPLICANT DETEERMINATIONrOF ELIGIBILITiY `.Check the.appropnate'tiox The purpose of this review is to avoid impacts to properties that are "eligible" (historic) or already listed in the National Register of Historic Places. Fully establishing historic significance can be very costly and time consuming. Therefore initial evaluations are based on age (50 years or greater) and integrity (historic appearance), which are the minimum qualifications for listing in the National Register. Additional documentation may be needed further in the process, but typically initial evaluations allow the review process to proceed expeditiously. ® The property is considered Eligible at this time because it is already listed in the National Register or • is at least 50 years old and retains its historic integrity (minimal alterations to key features) • has potential significance architectural or historical ❑ The property is considered Not Eligible at this time because it: • is less than 50 years old or is 50 years or older but there have been major alterations to key features • is known to have no significance, based on National Register-level documentation and evaluation SECTION 3. APPL+ICANTi DETERMINATION40F EFFECT ~Checktthe appropnate(box_ ❑ The project has NO EFFECT on a property that is eligible or already listed in the National Register, either because there is no eligible property involved or the eligible property will not be impacted physically or visually. ® The project will have a minor impact on a property that is eligible or already listed in the National Register, and therefore there is NO ADVERSE EFFECT. Minor impacts include replacement of some, but not all, siding, doors, or windows, etc. ❑ The project will have a major impact on a property that is eligible or already listed in the National Register, therefore there is an ADVERSE EFFECT. Major impacts include full or partial demolition, complete residing, full window replacement, etc. STATE HISTORIC PRESERVATION OFFICE COMMENTS Offc_ ialw_s_ e,only Eligibility: oncur with the eligibility determination above. ❑ Do not concur with the eligibility determination above. Effect: oncur with the effect determination above. FZZI_aEdVF-(y K A/❑ Duo not concur with the effect determination above. RLS Signed: Date: CUN T "ACT iNFORMATION 8 T ~ 51flP ltiP13; o-::; >Illl Comments: JASON ALLEN t, 503-986-0579 I~ r~ Jason.Al len@state. on us Oregon State Historic Preservation Office . Page 1 Revised 9/1/2012 CITY RECCi ER Page 1 / 1 Ashland Park Commission DATE PO NUMBER 20 E MAIN ST. 6/24/2013 00230 ASHLAND, OR 97520 . (541) 488-5300 VENDOR: 004271 SHIP TO: OLESON CONCRETE CONSTRUCTION 175 VALLEY LANE JACKSONVILLE, OR 97530 FOB Point: - Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? NO Quanti .,.Unit ..Descri tlon t Unit Price Ext. Price Historic Repairs to Atkinson Bridge in 49,985.00 Lithia Park - Special Procurement approved by City Council May 8, 2013 Contract for Goods and Services Beginning date: 05/15/2013 Completion date: 09/30/2013 SUBTOTAL 49 985.00 TAX 0.00 BILL TO: FREIGHT - 0.00 TOTAL 49,985.00 ;'Account Number Project Number . ' `Amount Account Number Project Number Amount. E 411.12.00.00.70420 E 000021.999 49 985.00 Authorized SignatureVENDOR COPY FORM#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: En- Vendor Required date for delivery: Name Address, City, State, Zip PeL-9 %1Y/U2, ~fflsoy l0/ lle° rO)z a~' S© Contact Name & Telephone Number Jim 0/ e513Y,7 C7 y 01 - Fax Number / SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Witten findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ Slate of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement $5.000 to $75.000 Form #9, Request for Approval El Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal a ache Date original contract approved by Council: ❑ (3) Written proposals written solicitation Dale approved by CouncTSS I (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost A-4-07 f'C (fp 10177- 7CJ CXscz' ~~tl ~sr $ 9gs. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelpropossall, ! $ Project Number Account Number T J Z-~-CO- 70! 2W Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By signing this requisitio fo m, I certify that the City's public contracting requirements have bee~,"/atisfed. Employee Signature e . Department Head tgnature: S4~ Cam" LEqual p or greater than $5,000) City Administrator: t (Equal to or greate thaqq$25,000) Funds appropriated for current fiscal year., YES / NO s~ a 13 Finance Director- (Equalto orgreaterthan $5,000) Date Comments: l Form #3 - Requisition Council Communication May 5, 2013, Business Meeting Authorization to proceed Direct Award for the rehabilitation of the Atkinson Bridge in Lithia Park FROM: Don Robertson, Parks and Recreation Director, don.robertson@ashland.or.us SUMMARY Request for Council approval to allow a direct award for a contract to restore the Atkinson concrete bridge in Lithia Park.' BACKGROUND AND POLICY IMPLICATIONS: The project has been approved by the Oregon State Historic Preservation Office. In that application, the contractor Oleson Concrete was given as work examples under the "Project Description". This project will repair/replace cracking and deteriorating concrete surfaces to match original aged concrete, control rust, and seal surface. Funds for this project are budgeted within the Parks and Recreation Deferred Capital Improvement Fund. FISCAL IMPLICATIONS: The overall cost of this project is $49,900.00 The money has been budgeted in FY 13 in the Parks Capital Improvement Fund and has been outlined in the deferred maintenance costs. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of a Direct Award to Oleson Concrete Company based on his knowledge and as a specialist of historic concrete replication and replacement. SUGGESTED MOTION: I move to approve the Direct Award of Oleson Concrete Company for the restoration of the Atkinson Bridge Project. ATTACHMENTS: Approval and application from SHPO CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Director Date: April 25, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Parks and Recreation 2. Department Contact Name: Bruce Dickens. Parks Superintendent 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 5-1-13 To: 9-1-13 5. Total Estimated Cost: $49,900 6. Short title of the Procurement: Atkinson Bridge Repair in Lithia Park Supplies and/or Services or class of Supplies and/or Services to be acquired: Historic concrete repair, replacement of bridge in Lithia Park. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: No historical restoration work has been done. Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 5/8/2013 Proposed procedure: 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The contractor utilizes techniques and materials specific to restoring wom and weathered bridges. 9. Findings to Satisfy the Required Standards: This proposed special procurement: x_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The purpose of this special procurement is to meet the standards of Oregon SHPO and to repair the bridge in a manner suitable to historic restoration practices This is specialized work (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and x (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The cost savings is that the work will prevent the bridge from further deterioration. n (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 27913.065, or 27913.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Spedal Procurement- Request for Approval, Page 2 of 3, 5/8/2013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's Website to allow for the seven- (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - May 13, 2013 [if approved by Council] PUBLIC NOTICE Approval of a Special Procurement First date of publication: May 13, 2013 [if approved by Council] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on May 8, 2013. This is a contract-specific procurement. i. yy n re may, r' It has been determined based on written findings, that the Special ProcuremeV/n✓ tw` will be unlikely to encourage favoritism in the awarding of public contracts or to substantially' diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Parks and Recreation, Attn: Bruce Dickens, 340 S. Pioneer Street, Ashland, OR 97520. The seven- (7) day protest period will begin on May 13, 2013, and expire at 5:00pm on May 20, 2013. This public notice is being published on the City's Internet Website at least seven days prior to the award of a pubic contract resulting from this request for approval of a Special Procurement. Form #g - Special Procurement- Request for Approval, Page 3 of 3, 5/8/2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: June 5, 2013 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on May 8, 2013. This "Contract-specific Special Procurement" was processed to seek an exemption from the competitive bid process to directly award a contract to Oleson Concrete Construction for historic bridge repair in Lithia Park. The specialized restoration work will include chipping, chiseling and retarding of old reinforcement steel against corrosion. All materials used will be matched with true historic authenticity in color finish and texture. It has been determined, based on written findings, that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Parks and Recreation, Attn: Bruce Dickens, 340 S. Pioneer Street, Ashland, OR 97520. The seven- (7) day protest period will expire at 5:00pm on June 13, 2013. This public notice is being published on the City's Internet Website at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. SA R J QVL, 61 ~r,~~l3