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HomeMy WebLinkAbout2022-129 PO 20220304- Carlson Construction -Purchase Order. .� RECORDER ,MS Fiscal Year 2022 Page: 1 of: 1 L# 9 c E gif 'i.'+,.a 4 tp' .g alzt1J 1 t R 31 1f 1L B Ci of Ashland I ATT.: Accounts Payable L 20 E. Main Purchase 20220304 � Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V H CIO Electric Department E CARLSON CONSTRUCTION I 90 North Mountain Ave N PO BOX 1503 Ashland, OR 97520 MEDFORD, OR 97501 Phone: 541/488-5357 R T Fax: 541/552-2436 416-7-- eI�I.Yant— _. _ — Mary McClary 117 "'� s:T ,ej� us.:.. 03/30/2022 1669 FOB ASHLAND OR/NET30 City Accounts Payable Directional Drill 759 Willow 1 Directional drill from transformer, across 759 Willow lot to north 1.0 $4,800.00 $4,800.00 side of property, install secondary ground box as per attached proposal dated 02/15/2022. Goods and Services Agreement Carlson Construction Completion date: 04/16/2022 Project Account: ***************GL SUMMARY*************** . 111800-602400 $4,800.00 • ___,-/ //617- By: Date' . Authorized Signature 4 800.00 FORM #3 . CITY OF if " "4, ASHLAND 0,0i 4e---. A.request for a Purchase .,7- • REQUISITION Date of request: • 02/15/2022 Required date for delivery: • Vendor Name CARLSON CONSTRUCTION Address,City,State,Zip 1234 CORONA AVE., MEDFORD,OR 97504 _ 4 ( �Ge� Contact Name&Telephone Number BRENT CARLSON;LAURIE STEVENS,apslauriestevens@gmail. o G j Email address �/ Y . bcarlsonconstrution@hotmail.com 541.601.3849 44. SOURCING METHOD V-9 / ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency J, - ❑ Reason for exemption: Date approved by Council: • ❑ Form#13,Written findings an' ' thorizati.y 17• ❑ AMC 2.50 ' _(Attach copy of council communication) ❑ Written quote or propos. : ached / / 40 O Written quote or proposal attached _(If council approval r-: red,att h ./of C L O Small Procurement 0 Request for Proposal Cooperative Procurement •/ Not exceeding$5,000 Date approved by Council: ❑ State of Oregon © Direct Award _(Attach copy of council communication) Contract# O'Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington / Date approved by Council: Contract# pfi _(Attach copy of council communication 0 Other government agency contra "✓. a Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement . O (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: Date Agreement approved by Legal and approved/signed by O Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) O (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council O Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) Description of SERVICES • Total Cost Directional drill from transformer,across 759 Willow's lot to north side of property.Instil secondary ground box as per quote dated 02/15/22.COA to provide all parts and material for job. $ 4.800.00 Item# Quantity Unit- Description of MATERIALS Unit Price Total Cost O Per attached quotelproposal - 'TOTAL COST _ Project Number _ _ _ Account Number 1 1 1 8 0 0.6 0 2 4 0 0 $4 800.0 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. Employee: Department Head: ice;-2 • . (Equal to or greater than$5,000) Department Manager/Supervisor: City Manager: (Equal to or greater than$35,000) Funds appropriated for current fiscal year: YES / NO Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition • Goods and Services Agreement Carlson Construction PROVIDER: Carlson Construction CITY OF PROVIDER'S CONTACT: Brent Carlson ASHLAND 20 East Main Street ADDRESS: 1234 Corona Ave.,Medford, OR 97504 Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE: 541.773.3035, (cell) 541.601.3849. Fax: 541/488-6006 bcarlsonconstruction@hotmail.com This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Carlson Construction, (a domestic/foreign business corporation) ("hereinafter"Provider"), for Directional Drill from transformer across 759's lot to north side of property, as outlined in quote dated 02/15/2022t. • PROVIDER'S OBLIGATIONS 1.1 Provide per quote dated 02/15/2022 for property located at 759 Willow St. Scope of Work includes: directional drill from transformer, across 759's lot to north side of property; install secondary ground box on north side of property; drill from new ground box heading west, stub conduit up just behind customer's fence at new service location;backfill all excavated areas;including all albor included. City of Ashland will provide all parts and material for job,as set forth in the"SUPPORTING DOCUMENTS" attached hereto and,by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability; and • Workers' Compensation. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not'a"claims made".form,and shall: e Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this • Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; Page 1 of 5: Goods and Services Agreement between the City of Ashland and Carlson Construction f • • a Apply as primary coverage for each additional named insured except to the extent that two' or more such policies are intended to "layer" coverage and,-taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage e Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. - 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations,. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by.Provider for'work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage'Requirements: If the amount of this Agreement is $22,310.46 -or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and'to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as `Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of alkpersons employed by them,and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 1. CITY'S OBLIGATIONS 1.1 City shall pay Provider the sum of$4,800.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. - 1.2 Iii no event shall Provider's total of all compensation and reimbursement under this Agreement exceed , (. the sum of$4,800.00 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which h would cause this maximum sum to be exceeded and that any authorization.from the responsible official must be.in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. Page 2 of 5: Goods and Services Agreement between the City of Ashland and Carlson Construction • • • 2. GENERAL PROVISIONS 2.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 2.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 2.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 2.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. 2.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 0 2.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,27913.230 and 279B.235. • 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. , 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extenecessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Page 3 of 5: Goods and Services Agreement between the City of Ashland and Carlson Construction Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72(UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from,— defects in labor,material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS • 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" The Provider's complete written quote dated 02/15/22 for address 759 Willow St. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 0 • 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately,or defectively; 5.1.3 Initiation of an action or proceeding for damages,-specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (.the"Effective Date"),and shall continue in full force and effect until 04/16/22,unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty (30) days' prior written notice, terminate this Agreement - for any reason deemed appropriate in its sole discretion. 6.2.3 Either,party may terminate this Agreement, with cause,by not less than fourteen(14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu'of any other remedy at law or equity. 7. NOTICE Page 4 of 5: Goods and Services Agreement between the City of Ashland and Carlson Constriction Whenever notice is required or permitted to be given under this Agreement, such notice shall begiven in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Electric Department Attn: Rick Barton 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5357 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Carlson Construction Attn: Brent Carlson 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,tern,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the'City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. • 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. • 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any . political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of Page 5 of 5: Goods and Services Agreement between the City of.Ashland and Carlson Construction • A this Agreement. Any material breach of this Agreement shall entitle the City to, terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: CARLSON :' S. RU TI e N (P'OVIDER): By. By: A Signature Signature Thomas McBartlett _ �Y-e\(\c" C,0.\A_SV\ Printed Name Printed Name • _Director of Electric Utility 0\KIX eir �ri2 1 kQitit Title Title 2-15-2022 \ VaUr4e- Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. • Page 6 of 5: Goods and Services Agreement between the City of Ashland and Carlson Construction � I Carlson Construction Mailing: PO Box 1503 Medford OR 97501 Office: 1234 Corona Avenue Medford, OR 97504 • • 541-773-3035 Cell:541-601-3849 CCB#173889 Email: bcarlsonconstruction@hotmail.com BID PROPOSAL DATE SUBMITTED:2/15/2022 • .CONTRACT AMOUNT:$4,800.00 • Required Deposit: $ • PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: Owner:City of Ashland Address:759 Willow St Address: City:Ashland City: Phone: Phone:Rick Email: Thank you for allowing Carlson Construction the opportunity to bid this project for you.Our estimate is based on your _ plans and specifications.Please feel freeto call and discuss this quote at any time. . I Scope of work includes: • - Directional drill from transformer,across 759's lot to north side of property - Install secondary ground.box on north side of property - Drill from new ground box heading west,stub conduit up just behind customer's fence at new service location - Backfill all excavated areas - All labor included,City of Ashland will provide all parts and material for job ACCEPTANCE OF PROPOSAL The above prices,specifications,and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment will be made as outlined.above. �F \ • Signature y crF Date ofAcceptance 2 /� � 2 .✓ • • • • Page 1 of 1