HomeMy WebLinkAbout2024-037 PO 20240360 - J&A Concrete Construction LLCI
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City of Ashland
ATTN: Accounts Payable
20 E. Main
Ashland, OR 97520
Phone: 541 /552-2010
Email: payable(a ashland.or.us
J&A CONCRETE CONSTRUCTION LLC
7600 TRUAX RD.
CENTRAL POINT, OR 97502
Purchase Order
Fiscal Year 2024 Page: 1 of: 1
THIS PO NUMBER MUST APPEAR ON ALL
INVOICES, AND SHIPPING DOCUMENTS.
Purchas
Order # e 20240360
H C/O Public Works - Operations
1 90 North Mountain Ave.
P Ashland, OR 97520
Phone: 541 /488-5353
T Fax: 541 /552-2329
O
Vendor Phone Number
Vendor Fax Number
Requisition Number
Delivery Reference
20240178
Date Ordered
Vendor Number
Date Required
Freight Method/Terms
Department/Location
05/14/2024
8061
FOB ASHLAND OR/NET30
Public Works De artment
Item#
Descri tion/PartNo
QTY
UOM
Unit Price
Extended Price
misc. curb and gutter replacements for Streets dep
1
Misc gutter and curb replacements
1.0
EACH
$17,284.00
$17,284.00
Project Account:
,........... ' GL SUMMARY
081200 - 602400 $17,284.00
M
Authorized Signature
Date:
f Rey. .( �:..
t
OTotal .`�� $17,284.00
GOODS AND SERVICES AGREEMENT (LESS THAN $35,000)
CONTRACTOR: J&A Concrete Construction LLC
CITY OF
CONTACT: Abel Castaneda
-ASHLAND
20 East Main Street
ADDRESS: 7600 Truax Rd.
Ashland, Oregon 97520
Central Point, OR 97502
Telephone: 541/488-5587
PHONE: 541-951-4009
Fax: 541/488-6006
EMAIL: jna.cast2003@gi-nail.com
gmail.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 J&A Concrete (a domestic business
corporation) (hereinafter "Contractor"), for miscellaneous curb and gutter replacements.
1. CONTRACTOR'S OBLIGATIONS
1.1 Provide miscellaneous curb and gutter replacements as set forth in the "SUPPORTING DOCUMENTS"
attached hereto and, by this reference, incorporated herein. Contractor 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 goods and services defined and described in
the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work."
1.2 Contractor 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/cornpleted 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:
• 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;
• 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;
• Contractor shall immediately notify the City of any change in insurance coverage.
• Contractor shall supply an endorsement naming the City, its officers, employees and agents
as additional insureds by the Effective Date of this Agreement; and
Page 1 of 7: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC
a Be evidenced by a certificate or certificates of such insurance approved by the City.
1.3 Contractor shalt, 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. As evidence of the insurance required by this Agreement, the Contractor shall
furnish an acceptable insurance certificate prior to commencing any Work.
1.4 Contractor 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 Contractor. Contractor agrees to comply with all applicable requirements
of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Contractor
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 Contractor 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 Contractors of the Contractor'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 $25,335.05 or more, Contractor 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. Contractor is also required to post the notice
attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees.
2. CITY'S OBLIGATIONS
2.1 City shall pay Contractor the sum of $17,284.00 (seventeen thousand two hundred eighty-four dollars)
as provided herein as frill compensation for the Work as specified in the SUPPORTING DOCUMENTS.
A�,e� 5 ,
2.2 In no event shall Contractors total of al compensation and reimbursement under this Agreement exceed
the sum of $17,284.00 without express, written approval from the City official whose signature appears
below, or such official's successor in office. Contractor expressly acknowledges that no other person
has authority to order or authorize additional Work which would cause this maximum sutra to be
exceeded and that any authorization from the responsible official must be in writing. Contractor further
acknowledges that any Work delivered or expenses incurred without authorization as provided herein is
done at Contractor's own risk and as a volunteer without expectation of compensation or reimbursement.
3. GENERAL PROVISIONS
3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from
Contractor and is free to procure similar types of goods and services from other Contractors in its sole
discretion.
3.2 Contractor is an independent contractor and not an employee or agent of the City for any purpose.
3.3 Contractor is not entitled to, and expressly waives all claims to City benefits such as health and disability
insurance, paid leave, and retirement.
Page 2 of 7: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC
3.4 Contractor 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. 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
the City of any assignment or subcontract shall not create any contractual relation between the assignee
or subcontractor and the City.
3.5 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.
3.6 This Agreement maybe amended only by written instrument executed with the same formalities as this
Agreement.
3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement:
ORS 279B.220, 279B.230 and 27913.235.
3.8 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.
3.9 Contractor 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 Contractor or its officers,
employees, contractors, or agents under this Agreement.
3.10 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
otter's officers, employees or agents.
3.11 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 extent necessary to render it enforceable, preserving to the fullest extent permitted the
intent of Contractor and the City set forth in this Agreement.
3.12 Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges for
the Goods. Contractor is responsible and liable for loss or damage until final inspection and acceptance
of the Goods by the City. Contractor remains liable for latent defects, fraud, and warranties.
3.13 The City may inspect and test the Goods. The City may reject non -conforming Goods and require
Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor
does not cure any defects within a reasonable time, the City may reject the Goods and cancel this
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).
Page 3 of 7: Coods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC
3.14 Contractor 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 fi-om
defects in labor, material and manufacture. Contractor 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:"
a The Contractor's complete written Bid dated 5n12024.
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
5.1 In the event Contractor 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 Contractor has failed to deliver within any scheduled
completion dates or any Work that have been delivered inadequately or defectively;
5.1.3Initiation 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 Contractor for any expenses related to termination of this Agreement
or for anticipated profits. If previous amounts paid to Contractor exceed the amount due, Contractor
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 June 30, 2025, unless sooner
terminated as provided in Subsection 6.2.
6.2 Termination
6.2.1 The City and Contractor 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 7: Goods And Services Agreement between the City of Ashland and J&A Concrete Construction LLC
Whenever notice is required or permitted to be given tinder this Agreement, such notice shall be given 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 — Public Works Department
Attn: Chuck Schweizer
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5587
With a copy to:
City of Ashland — Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
If to Contractor:
J&A Concrete Construction LLC
Attn: Abel Castaneda
7600 Truax Rd.
Central Point, Oregon
8. WAIVER OF BREACH
One or more waivers or failures to object by either party to the other's breach of any provision, term, 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. CONTRACTOR'S COMPLIANCE WITH TAX LAWS
9.1 Contractor represents and warrants to the City that:
9.1.1 Contractor 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
Contractor; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.1.2 Contractor, 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
Contractor; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.2 Contractor'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.
Page 5 of7: Goods and Services Agreement behveen the City of Ashland and J&A Concrete Construction LLC
Further, any violation of Contractor's warranty, as set forth in this Article 9, shall constitute a material
breach of 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:
MA CONCRETE CONSTRUCTION LLC
(CONTRACTOR):
By: By: Q-L-.,eI Cc 54 4e-J ,
n Signature
L5CCAT
Printed Name
✓. CA. 29
Date
Purchase Order No.
ABELCASTANEDA
Printed Name
OWNER
Title
05/07/24
Date
(W-9 is to be submitted with this signed Agreement)
Page 6 of 7: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC
EXHIBIT A
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
WAGE
per hour, effective June 30, 2023.
�r, The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
i For all howl worked under a
service contract between their
employer and the City of
Ashland 9 the contract
exceeds $25,335.05 or more.
i For all hours worked in a
month, if the employee
spends 50% or more of the
employee's time in that month
working on a project or
For additional information:
portion of the business of
their employer, if the
employer has ten or more
employees, and has received
financial assistance for the
project or business from the
City of Ashland over
$25,335.05;
i If their employer is the City of
Ashland, including the Parks
and Recreation Department.
i In calculating the living wage,
employers may add the value
of health care, retirement,
401K, and IRS eligible
cafeteria plans (including
childcare) benefits to the
employee's amount of wages.
i Note: For temporary and
part-time employees, the
Living Wage does not apply
to the first 1040 hours worked
in any calendar year. For
more details, please see
Ashland Municipal Code
Section 3.12.020.
Call the Ashland City Manager's office at 541-488.6002 or write to the City Manager,
City Hall, 20 East Main Sheet, Ashland, OR 97620, or visit the City's website at www.ashland.orms.
Notice to Employers: This notice must be posted in areas where it can be seen by all employees.
C I T Y O F
-AS H LA N D
Page 7 of 7: Goods and Services Agreement between the City of Ashland and J&A Concrete Construction LLC
CONCRETE
C a 14 ST R 11 C T1 a tl
J&A Concrete Construction LLC.
CCB#237481, 7600 Truax Rd.
Central Point, OR 97502
Phone: (541) 951-4009
Email: jna.cast2003@gmail.com
Description
Prepared For
Chuck Schweizer City of Ashland
90 N. Mountain Ave.
Ashland, Or
(541) 951-0345
(541) 488-5313
Estimate # 314
Date 05/07/2024
Total
Crestview Dr. Curb/Gutter $9,454.00
163'
Includes:
-Mobilization
-Concrete
-Labor
-Erosion Control
Linda Ave. Curb/Gutter $3,364.00
28'
30'
Sherwood Curb/Gutter $4,466.00
32'
45'
Subtotal $17,284.00
Total $17,284.00
Page 1 of 2
By signing this document, the customer agrees to the services and conditions outlined in this
document.
Chuck Schweizer City of Ashland
Page 2 of 2