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HomeMy WebLinkAbout2007-115 Contract - Copeland Construction 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 Contract for PERSONAL SERVICES Less than $25,000 C I T Y 0 f CONSULTANT: GopGtCA.~~ (,C,.lI\J~.\- ~/...f.-- . ASHLAND CONTACT: ~ IMM.."€C-F~Ic....AJb ADDRESS: {t' IFtfs/r; U.,,~ .,)J1,.... G ~ (.)/L- 7') 'S'2.i TELEPHONE: B u.:. - "Z.- ~ I'" ($40 -")ls>::> Cf DATE AGREEMENT PREPARED: BEGINNING DATE: &1/0 (1 COMPENSATION: S~~ c.:s- FAX: 8'UP -/0/"/ COMPLETION DATE: 7/2,('/07 SERVICES TO BE PROVIDED: ADDITIONAL TERMS: ~.~ FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Contracting Officer finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; and (3) the statement of work represents the department's plan for utilization of such personal services; and (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service 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. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. 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. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: . N/A If the amount of this contract is $15,964 or more, Consultant 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 service work under this contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant 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 dama es resultin from in'ur to an erson includin in'u resultin in death, or dama e includin loss or G:lpub-wrkslengldept-adminIENGINEERIPROJECT\2007107_04 Sanitary Line Support Repair RFQ 3 07.doc Page 11 of 83 destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any los.ses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fail substantially to perform its obligations through no fault of Consultant. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant 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. Consultant 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. 13. Incorporation of Standard Contract Provisions. Standard contract provisions required by AMC 2.52.040, set forth in Exhibit A attached hereto and made a part hereof by this reference, are specifically incorporated into this contract. Any more restrictive provisions of this contract, or the scope of work control over standard conditions. CONSULTANT/CONTRACTOR ~~nature ~~ /' MAM..~lJ CoptAxAJb Print Name CITY OF ASHLAND: BY ~~ FINANCE DIRECTOR "\ TITLE ~J.jt3L DATE ;;/;(- /~7 I Cs:,-7-b? CONT~VIEW: By: City .De artment Head Date: /2- J UN 07 ACCOUNT # ~ &7>.08./7. cJO . 7rl-~CJ 1) (For City p~oses only) V 'lp 67 DATE FederallD# 37-/0ooC{2.. *Completed W9 form must be submitted with contract PURCHASE ORDER # Revised 1-9-07 G'\pub-wrks\eng\dept-admin\ENGINEER\PROJECTl2007\07-04 Sanitary Line Support Repair RFQ 3 07.doc Page 12 of 83 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this 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, and (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 busi,ness 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) 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. co#?,~f ~-)-07 Date G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07_04 Sanitary Line Support Repair RFQ 3 07.doc Page 13 of 83 Form W-9 Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Enter your TIN in the appropriate box. For individuals. this is your social security number (SSN). However. for a resident alien. sole proprietor. or disregarded entity. see the Part I instructions on page 3. For other entities. it is your employer identification number (EIN). If you do not have a number. see How to get a TIN on page 3. Note: " 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 (c) 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). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your 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 generally. payments other than interest and diVidends. you are not required to sign the Certification. but you must provide your correct TIN. (See the instructions on page 4.) Sign Here (Rev. January 2003) Depanment 01 the Treasury Inlemal Reverue Service N '" Ol co c. c: o !.~ ~'il 155 .~ .5 A.u ~ 1 VI '" ~ Name \ V t'MM.e- l{ Business name. if different from above L. Co) P cto.../UIJ CCN ~<J.t'Lut.. {~~~ O IndiVIdual! Check appropriate box: Sole proprietor Address (number. street. and apt. or suite no.) II t?A-4/fF o Corporation City, state. and ZIP code w (FI'AA- List account number{s) here (optionaO Purpose of For A person who is required to file an information return with the IRS. must obtain your correct taxpayer identification number (TIN) 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 (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and. when applicable, 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 you 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 requesters 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). L.L". L. o Partnership ,I8'Other ~ __.'-:-:!::.~.._____ 0 ~1~~~I~:~m backup Requester's name and address (optional) I Social security number ~ 'I Ie( 1'1 D I l.t5l2.I" I or Date ~ 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 Form W-9 (Rev. 1-2(03) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-04 Sanitary Line Support Repair RFQ 3 07.doc Page 14 of 83 JUL/UL/LUU//MU~ UL:J/ ~M 1 NSUR. MKT PLACE FAX No. 541 772 8235 P. 002/003 A CORD_ CERTIFICA TE OF LIABILITY INSURANCE OP 10 D~ DATE (MMIDDIYYYY) COPJ:[-l 07/02/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketp1ace, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1998 Skypark Dr Suite 100 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 Phone: 541-779-0177 Fax: FAX 772-8235 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Ohio Casua1ty 24074 INSURER B Cope1and Construction, LLC IflSURER C Jimmie Cope1and 119 Eaj1e View Dr INSURER D Eag1e oint OR 97524 Ir~SURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER PD~E iMMIOD~1: DATET (~M'iDD~)"" LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500,000 I--- A ~ COMMERCIAL GENERAL LIABILITY BHO 53366906 06/03/07 06/03/08 PREMISES (Ea occurance) $ 100,000 - ~ CLAIMS MADE ~ OC':UR MED EXP (Anyone person) $ 10,000 PERSONAL & ADV IN~IURY $ 500 ,000 GENERAL AGGREGATE $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/CiP AGC_ $ 1,000,000 II n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea aCCident) - ALL OWNED AUTOS 80DIL Y INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODIL Y INJURY - (Per aCCident) $ NON-OWNED AUTOS - - PROPERTY OAMAGE $ (Per aCCIdent) GARAGE LIABILITY AUT') ONL Y - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MAOE AGGREC,ATE $ $ R DEOUCTI8LE $ RETENTIOr~ $ $ WORKERS COMPENSATION AND ITO~\L:~"TS I IUER EMPLOYERS' LIABILITY E L EA<~H ACC IOENT $ Ar~Y PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPL')YEE $ If yes, descnbe under E L OISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Ash1and Pub1ic Works Engineering 488-6006 20 E Main Ash1and OR 97520 ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) Insurance Marketp1ace Inc. @ ACORD CORPORATION 1 r~' C I T Y 0 F CITY RECORDER'S COpy ASHLAND ~ 20 E MAIN ST. ~ ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 ~ VENDOR: 012365 COPELAND CONSTRUCTION 119 EAGLE VIEW DRIVE EAGLE POINT, OR 97524 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: 6/20/2007 Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No BLANKET PURCHASE ORDER Sanitary sewer support repair on Ashland Creek 8,875.00 Contract for Services Date of aQreement: 06/12/2007 BeQinninQ date: 06/20/2007 Completion date: 07/20/2007 Insurance required/Certificate for Gen Liab BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 tJ ~ 4:w- ",..J ~ SUBTOTAL TAX FREIGHT TOTAL 87 .00 0.00 0.00 8,875.00 AM ~ ~/r:7 Au orlzed Signature VENDOR COPY CITY OF ASHLAND REQUISITION No. PW - FY 2007 Department Public Wodes Vendor COPELAND CONSTRUCTION LLC 119 EAGLE VIEW DRIVE EAGLE POINT OR 97524 Account No. 675.08.17.00.704200 Date June 27,2007 Requested Delivery Date Deliver To Via DAWN LAMB (' Note: Please allow opproximalely two(2) wedcs fur delivery on items not genenJly caried in storod, and opproximalely two (2) monlhs on printing jobs.) ASAP PAULA BROWN Item No. Quantity Unit Description Use ofPun:hasin Office On Unit Price Total Price PO No. SanitaJy sewer support repair on Ashland Creek S 8,875.00 TOTAL $ $ 8,875.00 Job No. r ~~ l..-~~ ~"":L'-~7 7-~ ~7 V l'1.~y(A.. t! tl I corlitY that tile iIems ..., IlOOOSSaly fur tile operation ~.._--- ~ / Head or Authorized Person , Issued By Date Received By r~' G:Pubwrks\engldeptadminlengiooerlprojectI07.{)4 Copeland Requislion 6 07.xls