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HomeMy WebLinkAbout2017-053 Contract - Ashland Construction Contract for GOODS AND SERVICES Small Procurement Less than $5,000 C I T Y Of INDEPENDENT CONTRACTOR: Ashland Construction Inc. CCB # 28420 -ASHLANQ CONTACT: Ron Hobson 20 East Main Street ADDRESS: 102 Pleasant View Talent, Oregon 97540 Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-944-2728 FAX: 541-512-0809 BEGINNING DATE: 3/8/2017 COMPLETION DATE: 6/30/2017 COMPENSATION: $2,800 GOODS AND SERVICES TO BE PROVIDED: Pour 42 ft of curb and gutter on Wimer St. and two sidewalk panels in front of 423 N. Main St In the event of conflicts or discrepancies among Contract Documents, this standard form of the City of Ashland Contract will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with this standard form City of Ashland Contract. 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. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City. 4. Statutory Requirements: ORS 27913.220, 279B.225, 279B.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from those losses, expenses, or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract by Contractor its employees, or agents. Contractor shall not be held responsible for any losses, expenses, or other damages, directly, solely, and proximately caused by the negligence of City. 6. Termination: City's Convenience. This contract may be terminated at any time by the City. 7. 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. 8. 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. 9. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 10. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work. 11. 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. 12. 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. 13. Insurance. Contractor shall at its own expense provide the following insurance: a. 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. Worker's compensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: b. General Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon 15. 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. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. 111'2 Co City of Ashland: B~. By trio gna ure Department Head r Print Name Print Name ZS 3 ! 3 /7 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Revised 10-28-14 Page 1 of 2 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 (1) 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: ' (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 purchased for t, 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) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ~ F Contractor (Date) Revised 10-28-14 Page 2 of 2 ASHLAND CONSTRUCTION 1C. I i 102 Pleasant View PROPOSAL Talent, Oregon 97540 C CB #2842 i ' rt. ~ Fax (541) 512-0809 Cell (541) 944-2728 To: V-F +S,"N~o 5, t r -Q a , j` ~Lc f~z~.~-.,t>'v :~ut:ri it': w(~r.'c•Eiit• ~E:isa71~. ;_i`:3G1 c.:.;t:.lt`a_t.~-.: i~1;-: 4 t _ s 1 0 f y"""'Ar Way i _ f I t-Z c-1 cod E f „ _----c~• PROPOSE hic'r rl'v to ft.rnish _lna: eZial L_x.:t:,1`... t 7. )t. ii(. . %I' tile St! III,,'o-f, . s zC lam, t,l i E _ i i DATE (MMIDC}NWY) ACCOR, CERTIFICATE F LIABILITY INSURANCE 316/2017 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 policy(tes) must have ADDITIONAL INSURED previsions or 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 Brawn & Brown Northwest NAME: ACT Susan Wilson 3266 Hillcrest Park Drive PHONE 'FAX Medford, OR 97504 CA, NQ FX3).. 541 494 2E58 _..__I..(!ys~ ~?I 541-494-2758 ADDRESS- swi.Ism,@@ bbnw.corn INSURER(S) AFFORDING COVERAGE NAIL # . ww_bbnw.com INSURER A Ohio Security Insurance rompanY__ _ 24082 m. _ _ INSURED INSURERS; Developers Surety & Indem it Com ,art Ashland Construction Inc Southern Oregon Concrete Pumping jnlsuRErx All 102 Pleasant View INSURER D Talent OR 97540 INSURER E - . INSURER F . COVERAGES CERTIFICATE NUMBER: 34544118 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURES} NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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.. _ fNSR i At OL SIiI3R POLICY EFF I POLICY EXP LTR I TYPE OF INSURANCE POLICY NUMBER ~MMiDi7tYYYY MMtD[?f YYYY LIMITS A (CtTMMERGt/LL GENERAL LIABILITY wr YI BKS11356059356 13/21/2017 3121/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED I QLA€MS-MADE r OCCUR 1,000,000 ✓ . PRFMtSFS(Ea.oertlrcarc j... ' _ I EU E:ti' (Any one person) 15,000 h1 _ t 1 - - - PERSONAL & ADD INJURY $ 1,000,000 GF=N`L AGGREGATE I IMkl APPLIES PER: ~ G ENF-RAS_ AGGREGA If ~ $ 2,000,000 PRO t I 1 i - 2,000,00fl f POt'ICY L1 JECT LC?C, PRODUCTS COMPIOPAGG $ ! fS i OTHER, A AUTOMOBILE LIABILITY BAS1856059356 13121/2017 ' 3/21 /21)1$ Cf}MpINFC15(NGLE LIMIT € ~F..:_a rc cident) 1,000,000 ANY AUTO SOD€LY INJURY (PA-r parson) ~ j OWNED r SCHEDULED € ; I BODILY INJURY (Per accident) $ _ . • AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE ........._t AUTOS ONLY AUTO y ONLY I_._...,._ i UMBRELLA LIAR OCCUR EACH ©CCURRENCc_,._ S ~ EXCESS LIAB C'LAIh4S MADI; AGGREGATE $ . DED RETFNTION$ $ C woRICERS CfsMPEN^~ATICyN 1469079 10/112016 101112017 AND EMPLOYERS' LIABILITY ✓ .STATIITF I OERI € YIN ANYPROPRIETOWPARTNERTEXECUT€VE j € 1 L EACtr! ACCIDENT 500,000 I OFFIt IMEMBEREX.CLUDED? N J A I it t j E DISEASE - EA EMPLOYEE $ 500.000 (Mandatory In NFI) de.w.be under If yes, DESCRIPTION OF OPERATIONS 0elow 3 E.L. DISEASE - POLICY UMIT $ 5010;000 B CCB Commercial License Bond 274336E 71112016 71112018 Limit: $50,0010 CG8 Residential License Bond 274337E 7111015 E 7/112017 Limit: 20,0110 DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (ACOPD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability includes Additional Insured coverage including Primary & Non-contributory and Waiver of Subrogation when required by written contract per attached endorsement CG8810041 S. Subject to policy terms, limits, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2C l~tsl~la st ai 97ree ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Susan Wilson 01988-2015 ACORD CORPORATION, All rights reserved. Purchase Order Fiscal Year 2017 Page: 1 of: 1 - MAP_PRN-AL==L- _ - - _ _ _ ' ~ N1E1ak B City of Ashland L ATTN- Accounts Payable Purchase L 20 E. Main 610 Ashland, OR 97520 Order # T Phone: 541/552-2010 0 Email: payable@ashland.or.us V ASHLAND CONSTRUCTION H C/O Street Division E 102 PLEASANT VIEW I 90 North Mountain Ave N D TALENT, OR 97540 P Ashland, OR 97520 0 Phone: 541/488-5313 R TO Fax- 541/552-2304 Vendor Phdn~Num~er- VendoFa lftmt 60r 1 Ilm prank - Avram Biondo Date Ordered _llendo~ fmb-Qaw n- 03/14/2017 1508 FOB ASHLAND OR/NET30 City Accounts Pa able :11 esFPric - Construction Services 1 Form and pour 42 ft of curb and gutter on Wimer St @ Thornton 1 $2,800.0000 $2,800.00 Way and replace two 5 ft sections of sidewalk in front of 423 N. Main St. Contract for Goods and Services Small Procurement Less than $5,000 Beginning date: 03/08/2017 Completion date: 06/30/2017 Project Account: GL SUMMARY L 081200 - 602400 $2,800.00 13 ,y~~- ``Date: Authorized S lature $2,800.00, FORM #3 CITY OF ASHLAND REQUISITION Date of request: 3/8/2017 Required date for delivery: 6/30/2017 Vendor Name Ashland ('nnstnirtinn Inr. CGR 08490 Address, City, State, Zip 102PIeasant View, Talent, nrennn 97540 Contact Name & Telephone Number Fax Number Ron Hobson 541-944-2728 541-512-0809 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(Attach co of council communication _ If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ® Direct Award Date approved by Council: Contract # ❑ VerbalMritten quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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 ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Form and pour 42 ft of Curb and gutter on Wimer St @ Thorton Way and replace two 5 ft $2po sections of sidewalk in front of 423 N. Main St. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost N/A TOTAL COST ® Per attached quote/proposal $2,800 Project Number - - _ - - _ - - - - Account Number - - _081200-602400 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: IT Director Date Support -Yes /No By signing this requisition form, l certify that the City's public contracting requirements have been satisfied. _ma Employee: Department Head:_ (Equal to or er than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to or greater than $5, 000) Date Comments: Form #3 - Requisition