HomeMy WebLinkAbout2008-220 Contract - Bills Backhoe Service
Contract for GOODS AND SERVICES Less than $25,000
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONTRACTOR: Bill's Backhoe Service
CONTACT: Bill Regan
ADDRESS: 1568 Pacific Lane
Phoenix OR 97535
TELEPHONE: (541) 773-3995
FAX: (541) 608-7619
DATE AGREEMENT PREPARED: 07/01/08
BEGINNING DATE: 07/01/08 COMPLETION DATE: 12/01/08
COMPENSATION: not to exceed $4900.00
GOODS AND SERVICES TO BE PROVIDED: Time and Materials per attached rate schedule
ADDITIONAL TERMS: to construct underground conduit at the Water Treatment Plant as directed by Engineer
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. Goods shall be paid for within 30 days of an invoice after delivery of goods
conforming to the standards and specifications. Once work commences, invoices shall be prepared and submitted by
the tenth of the month for work completed in the prior month. 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 2798.220, 2798.225, 2798.230, 2798.235, 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 $16,936 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 8 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. Citv'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, county or other sources is not obtained and continued at levels
Contract for Goods and Services Less than $25,000, Revised by Legal 03/2612007, Page 27 of 32
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. Obliaation/Liabilitv 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, cor 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-discrimlnation 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.11 0 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 ORF status pursuant to
the ORF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a
ORF if Contractor has qualified as a ORF 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 Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. General Liability insurance 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 include contractual liability coverage for the indemnity provided under this contract.
c. Automobile Liability 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 chanae. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to
the City.
Contract for Goods and Services Less than $25,000, Revised by Legal 03/26/2007, Page 28 of 32
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 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. Nonapproprlatlons 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.
~:~.a_ .
nA~
Bill ~ ~ I
Print Name
CITY OF ASHLAND:
BY
TITLE
-Prp~i lien1-
DATE
DATE
1 \... b-"D~
CONTRACT AWARD AND FINDI S DETERMINED BY:
By: ,
Date:
*Completed W9 form must be submitted with contract
PURCHASE ORDER #
~~ P-O
(For City purposes only)
ctJ~6rgq
FederallD#
-9~' 1~l>4'l~2.,
ACCOUNT #
Contract for Goods and Services Less than $25.000, Revised by Legal 03/26/2007. Page 29 of 32
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 10 (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:
v (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.
v (2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
V (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.
~~~
Ii ~L::,-D'7>
(Date)
Contract for Goods and Services Less than $25,000, Revised by Legal 0312612fXJ1, Page 30 of 32
Fmn W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
er Identification Number IN
Enter your TIN in the appropriate box. For individuals. this is yotX social searty runber (SSN). I ~ ~ ~ . I
However. for a resident alien, sole proprietor. or disregarded entity. see the P.-t I instructions on L.l..J....:LJ..-
page 3. For other entities. it is YOtX employer identification mmber (EIN). If you do not have a number.
see How to get a nN on page 3.
Note: If the account is in more than one name. see the chart on page 4 for guidelines on whose number
to enter.
Certification
Under penalties of perjury. I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or te) the IRS has
notified me that I am no longer subject to backup withhOlding. and
3. I am a U.S. person (Including a U.S. resident alien).
c.tiftcation instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently suqect to backup
withholding because you have failed to report all interest and dividends on yoor tax return. For real estate transactions. item 2 does not apply.
For mortgage interest paid. acquisition or abandonment of secured property. cancellation of debt. contributions to an individual retirement
arrangement (IRA). and generaRy. payments other than interest and dividends, you are not required to sign the Certification. but you must
provide yaw correct TIN. (See the instructions on 4.)
Sign 5ignature cI
Here U.s. ~ ~ Date ~ II-b{)~
(Rev. J8l'll8'Y 2003)
~ of the Treeuy
Iram8I RIMnIe ServIce
N Name
8.
<<l
CL.
a
8.1
iI
.H
1
(I)
~
~tu.
Individual!
Check appropriate box: 0 Sole proprietor ~ CorporatiOn
8pth~~~
535
Ust accCU1t number(s) here (optiona~
Purpose of Form
A person who is required to file an information return with
the IRS. must obtain your correct taxpayer identifICation
number (IlN) to report. for example. income paid to you. real
estate transactions. mortgage interest you paid. acquisition
or abandonment of secured property. cancellation of debt. or
contributions you made to an IRA.
U.S. person. Use Form W-9 only if you are a U.S. person
Oncluding a resident alien). to provide your correct TIN to the
person requesting it (the requester) and. when appHcable. to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued).
2. Certify that you are not subject to backup withholding.
or
3. Claim exemption from backup withholding if yoo are a
U.S. exempt payee.
Note: If a requester gives you a form other than Form W-9
to request your TIN. you must use the requester's form if it is
substantially similar to this Form W-9.
Foreign person. If you are a foreign person, use the
appropriate Form W-8 (see Pub. 515. Withholding of Tax on
Nonresident Aliens and Foreign Entities).
o Partnership 0 Other. uu_uuuu_u__ 0 :.:.:: backup
Requester's name and address (0ptlonai)
Nonresident alien who becomes a resident alien.
Generally. only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However. most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income.
you must attach a statement that specifies the following five
items:
1. The treaty country. Generally. this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. SuffICient facts to justify the exemption from tax under
the terms of the treaty article.
Cat. No. 10231X
Fmn W-9 (Rev. 1-2003)
Contract for Goods and Services Less than $25,000, Revised by Legal 03/26/2007, Page 31 of 32
Nov 05 08 02:01 p
608-7619
p.1
\ -
'"
Bill's Backhoe Service, Inc.
1568 Pacific Lane, Phoenix, OR 97535
Phone 773-3995 CCB 21657
Invoice 4# 1358
Bill To: City of Ashland
Attn: Peter Schmeenk
Fax 488-6006 ~ ...;LfI.3
?&U
Date: July 8, 2008
Job: Water Treatment Plant
Page: 1
Item # Item Description Quantity Unit Price Total Price
175' Utility Trench 85 Conduit, Slurry
& Pave $4,000.00
Vac out trench across access road,
instal12 1/2" conduit 85 sweep,slurry $900.00
Total Due *4,900.00
,
.1 -y--~
r.,
Page 1 / 1
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
rr~
08669
VENDOR: 003475
BILLS BACKHOE SERVICE INC.
1568 PACIFIC LANE
PHOENIX, OR 97535
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Pieter Smeenk
Confirming? No
Contractor to construct underQround
conduit at the Water Treatement Plant
as directed by EnQineer.
4,900.00
Contract for Services
Date of aQreement: 07/01/2008
BeQinninQ date: 07/01/2008
Completion date: 12/01/2008
Insurance reQuired/On file
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
4 900.00
0.00
0.00
4,900.00
E 670.08.15.00.70420
E 670.08.37.00.70420
Kh< ~~Sign~r~
VENDOR COPY
THIS REQUEST IS A:
o Change Order( existing PO #
V CITY OF
cdJv 1/ (p tb ASHLAND
r; { ( ~ Date of Request:
~red Date of Delivery/Service:
A request for a Purchase Order
REQUISITION FORM
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
Bill's Backhoe Ser\ice
1568 Pacific Lane
Phoenix OR 97535
(541) 773-3995
(541) 608-7619
Bill Regan
SOUCITATION PROCESS
Sma" Procurement
181 Less than $5,000
D Quotes (Optional)
Intermediate Procurement
D (3) Written Quotes
(Copies attached)
D Sole Source
D Written findings attached
D Quote or Pro sal attached
Coooerative Procurement
D State of OR/WA contract
D Other government agency contract
D Invitation to Bid
(Copies on file)
D Copy of contract attached
D Contract #
Reauest for ProDOsal
(Copies on file)
D SDecial1 ExemDt
D Written findings attached
D Quote or Pro al attached
D Emeraencv
D Written findings attached
D Quote or Pro al attached
Description of SERVICES
Per the attached Quote
[gI
Item # Quantity Unit
Description of MATERIALS
Unit Price
Total Cost
[gI PerattachedQUOTEp~~~~ A-~ ~.. t/'~.:t.,
~/ ~
Project Number' 2005-26
Account Number. . .15.00.704200(75%) 0.08.36.00.704200(25%)
* Items and services must be charged to the appropriate account numbers
. rmation provided above meets the City of Ashland public contracting requirements,
sf. \
supervisor/D~pt. Head Signature: ~~ ~
Employee Signature:
Contract for Goods and Services Less than $25,000, Revised by Legal 03/2612007, Page 26 of 32