HomeMy WebLinkAbout2007-149 Contract - Asphalt Maintenance
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Ctmtractmade this ze"rl- day of ~ ~& , 2007. between the City of
Ashland, ("City") and Asphalt Maintenance Associates. Inc. "(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued
by City for the 2007 Street Slurry Seal Project. Contractor was awarded the bid as the lowest
responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract
documents defined in the Advertisement for Bid and Contractor's bid, this contract shall. take
precedence over the contract documents, which shall take precedence over the bid. This contract and
attached exhibits constitute the entire agreement between the parties. No waiver, consent, or
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, ifmade, 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.
2. Scope: Contractor shall begin and complete the project described in the contract documents
within the time prescribed in the contract documents. The following exceptions, alterations, or
modifications to the contract documents are incorpOrated into this contract:
3. Price & Pavrnent: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the cOntract documents.
4. Performance and Pavrnent Bonds: Contractor shall, within five days after execution of the
contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a form
and with a surety satisfactory to City in the penal sum of $56.911.20 conditioned upon the faithful
payment and performance of this contract upon the part of the Contractor as required by ORS
279C.380: .
5. 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 .
mcident 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 attendantto this
contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and approximately caused by the
negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
6.1 General Liability. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability, products
and completed operations, owner's and contractor's protective insurance and comprehensive
automobile liability including owned and non-ownedautomobiles. The liability under each policy shall
be a minimum of $500,000 per occurrence (combined single limit for bodily injury.and property
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damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property
damage. Liability coverage shall be provided on an "occurrence" not "claims" basis.
6.2 Worker's Compensation. 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.
6.3 Automobile Liability. Automobile liability insuran a combined single limit, or
the equivalent, of not less than Enter one: $200,000, $500,00 $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.
The City of Ashland, its officers, employees and agents shall be named as additional insureds on each
required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with
the signed contract prior to the commencement of any work under this agreement. These certificates
shall contain provision that cOverage afforded under the policies can not be canceled and restrictive
modifications cannot be made until atleast 30 days prior written notice has been given to City.
Insuring companies or entities are subject to the City's acceptance. Ifrequested, 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.
.7. Compliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
.regulations, rules and ordinances of federal, state, City and city governments with respect to the
services including, but not limited to, provisions of ORS. 279C.505, 279C.515, 279C.520 and
279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work
under this contract shall be paid at least time ~d a half pay for all overtime in excess of 40 hours in
anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010
to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS
656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers'
compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer,
Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer,
Contractor shall provide City with a certification from the Oregon Department of Insurance and
Finance as evidence of Contractor's status.
7.4. 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 Iackson County, Oregon. Contractor, by 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.
8. Default: A default shall occur under any of the following circumstances:
.8. lIf the Contractor fails to begin the work under contract within the time specified, or fails
to perform the work with sufficient workers or equipment or with sufficient materials to insure the
prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such
work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work.
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8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of
bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a
period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.
8.3 From any other cause whatsoever, shall not carry on the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license,
certificate or certification that it required to perform the Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by law
for the enforcement of its rights under this contract, City shall have full power and authority, without
violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any
or all of the materials and equipment on the ground that may be suitable and acceptable and may cause .
a contract for the completion of this contract according to its terms and provisions, or use such
methods as required for the completion of the contrac~ in any acceptable manner. All costs and
charges incurred by the City together with the costs of completing the work under the contract, shall be
,deducted from any money due or which shall become due the Contractor. In case the expense so
. incurred by the City shall be less than the sum which would have been payable under the contract if it
had been completed by the Contractor, then the Contractor shall be entitled to received the difference
less any damages for delay to which the City may be entitled. In case such expense shall exceed the
sum which would have been payable under the contract, the ContractOr and the surety shall be liable
,and agree to and shall pay the City the amount of the excess with damages for delay of performance, if
any.
10. TenmWnation:
10.1 Mutual consent. This contract may be terminated at any time by mutual consent of
both parties.
10.2 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.
10.3 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:
a. If City funding from federal, state, county, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of services;
b. 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
c. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract for any reason denied, revoked, suspended,
or not renewed.
lOA For Default or Breach.
a. 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 notice may authorize or require, then
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the contract may be terminated at any time thereafter by a written notice of termination by
the party giving notice.
b. 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.
c. The rights and remedies of City provided in this subsection (10.4) are not
exclusive and are in addition to any other rights and remedies provided by law or under this
contract.
. 10.5 ObligationlLiabilitv of Parties: Termination or modification of this contract
pursuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any obligations or
liabilities or ei.ther 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 10.1,
10.2, 10.3 and 10.4 of this section, Contractor shall immediately ceased all activities under this
contract, unless expressly directed otherwise by City in 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.
ll. 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.
12. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1
percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60
days from the date work first begins on the Contract, whichever comes first. The fee is payable to the
Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following
address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining
. to prevailing wage rates.
.13. Living Wage Rates: If the amount of this contract is $15,964 or more, and Contractor is not
paying prevailing wage for the work, Contractor must 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 must post the attached Living Wage *- notice predominantly in areas where it
will be seen by all employees.
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14. Assignment and Subcontracts: Contractor shall not assign this contract without the written
consent of City. Any attempted assignment 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. Contractor may not substitute any
subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written
consent of the City, or by following the procedures of ORS 279C.585 and OAR 137-049-0360.
15. 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, th~ claim must be brought in a federal fonim., 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
Amen4ment to the United States Constitution, or otherwise, from 'any claim or from the jurisdiction.
1'6. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WANER, 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 EFFECfIVE 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 HFlSHE HAS
READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS
AND CONDITIONS.
16. Prior Approval Reauired: Approval of the City of Ashland Councilor Public Contracting
Officer is required before any work may begin under this contract.
CONTRACTOR
By: ?5 4J-:z- h/ ~
Si~ature
BRi1~~~!d!~
Its: '1RPMlJ&Jf'
CITY OF ASHLAND
---
By:
~~.~~'
Lee Tuneberg ,
Finance Director f' /2-f ~ 7
REVIEWED AS TO CONTENT:
By: ~
L Date: :l '1JI(A( fl7
Department Head
Coding:
By:
Leg
(For City use only)
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CITY OF
ASHLAND
REQUISITION
No. PW - FY 2007
Department Street Department
Vendor. ASPHALT MAINTENANCE ASSOCIATES INC.
2080 PRAIRIE ROAD
EUGENE OR 97402
Account No. 260.08.12.00.602400
260.08.12.00.704100
Date June 27, 2007
Requested Delivery Date ASAP
Deliver To JOHN PErERSON
Via
75% (' N_ P..... allow ~ximoIdy two(2) weeb /ix cIcIiYcry OIl items not
25% ..-.nr- in -.d, ond ~ximltelytwo (2) _ 011 prinlioc jobs.)
Item No. Quantity
Unit
Description
Use ofPun:lwin Office On
Unit Price Total Price PO No.
Contract with Asphalt Maintenance Associates Inc.
for the sluny sealing of various streets within Ashland.
$ 56,911.20
TOTAL
S ~,91l.20
Job No.
Unit No.
I benby cortify tballbe aboYe items -IIOCOSSIIY file lbe openIion
~~---- ~
/ Head or Aulborized_
.
Issued By
Date
Received By
"..
r_~
G:Ptilwrks~\deptadm~~ect\2007 Street Skny Seal AMA Requistion 6 07 Jds
I CITYOf I
ASHLAND
Public Works - Engineering Division
Payment Memorandum
Date: July 6, 2007
To: Marty Sustaire t
From: Paula Brown/Mike Morrison Sr. ~
Re: PROGRESS PAYMENT TO A . HALT MAINTENANCE ASSOCIATES INC.
Asphalt Maintenance Associates Inc. is requesting payment for services rendered in the slurry sealing
of various streets within Ashland.
Please make payment as follows:
Contractor: ASPHALT MAINTENANCE ASSOCIATES INC.
2080 PRAIRIE ROAD
EUGENT OR 97402
Project Title:
Project No.:
Purchase Order No.:
Account No.:
2007 STREET SLURRY SEAL PROJECT
N/A
7636
260.08.12.00.602400
260.08.12.00.704100
$ 56,911.20
$ 990.60
$ 57,901.80
Contract Amount:
Change Orders:
REVISED CONTRACT:
COST ALLOCATION
TOTAL PAYMENTS CURRENT
DESCRIPTION COST TO DATE TO DATE AMOUNT DUE
COSTS $57,901.80 $57,901.80
RETAINAGE $0.00 $ - $0.00
$57,901.80 $ - $57,901.80
AMOUNT
REMAINING
$ 57,901.80
$57,901.80
$
Percent
Complete
100.0%
Please Pay:
$43,426.35 260.08.12.00.602400
$14,475.45 260.08.12.00.704100
$57,901.80
cc: r ..
John Peterson
G:PubWorks\Eng\OeptAdmin\Engineer\Project\2007 Slurry S.eal AMA Payment 1.x1s
IrA' I
Jul. ~. LUUI L:U4PM
Asphalt Maintenance Assoc. Inc
No. 1699 P. 1
Asphalt Maintenance Associates, Inc.
2080 Prairie Rd
Eugene, OR 97402
541/461-2220 FAX: 541/461-2330
CCB#62952
BILL TO:
City of Ashland
Public Works/John Peterson
20 E. Main St.
Ashland, OR 97520
Invoice
DATE INVOICE #/.
ATTN:
7/5/2007
2007-17
FAX: S41-488-6006
PHONE: 541-488-5587
PRO.JECT/.JOB: 2007 Street Slurry Seal P.Q.No.
DESCRIPTION Q1Y RATE AMOUNT
,
ITEM #1: MOBTLIZA nON 1 1,500.00 ,1,500.00
IttM #2: TEMPORARY WORK ZONE & TRAFFIC CONTROL 1 4,603.30 4,603.30
ITEMS #3 thru #14, and #18: CLASS 3 SLURRY LOCATIONS 39,845 1.30 51,798',50
WORK COMPLETED, FRIDAY, JUNE 29, 2007
PUNCH LIST COMPLETED, TUESDA V, JULY 2, 2007
Thank you for doing business with us. It's been a pleasure! TOTAL $57,901.80
A request for a Purchase Order
REQUISTION FORM
CITY OF
ASHLAND
Date of Request:
THIS IS A REQUEST FOR A:
[Xl Change Order (existing PO# 7636 )
Required Date of DeliveryIService:_
Vendor Name:
Address:
City, State, Zip
Phone:
Project Title:
Project Number:
ASPHALT MAINTENANCE ASSOCIATES INC.
2080 PRAIRIE ROAD
EUGENE OR 97402
541/461-2220
2007 STREET SLURRY SEAL PROJECT
NA
Services Only
Description
Total Cost
Original Contract Cost for the Street Slurry Seal Project
Additional Costs for Items 3 thru 14 and 18
Account Number 260.08.12.00.602400 = 75% ($43,426.35)
'PIe8se IIItBch /he 0rlg/nBI signed COIIIT8ct end Insurance CertTlCBtes.
Employee Signature: Supervlsorl Dept. Head Signature:
NOIE:-By signing this requlstilon form. I certify tha the above request meets with Ctiy of Ashland SoIiclIation Process require
G:Pubwrl<slEng\2007 Sl1eeI Slurry ANA co No 1.x1s
Updated on: 7/15102
CiTY RECORDER'S COpy
Page 1 / 1
rA'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
~
7/4/2007
~ 0~636 ~
VENDOR: 004331
ASPHALT MAINTENANCE ASSOCIATES
2080 PRAIRIE ROAD
EUGENE, OR 97402
SHIP TO: City of Ashland-Warehouse
(541) 488-5354
90 N MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
THIS IS A REVISED PURCHASE ORDER
2007 Street Slurry Project - Slurry
sealinQ of various streets within
Ashland
56,911.20
Contract for Public Works Construction
Date of aQreement: June 28, 2007
Insurance required/On file
Processed chanQe order 07/12, 2007
Additional costs for Itesm 3 throuQh 14
and 18
990.60
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
E 260.08.12.00.60240
E 260.08.12.00.70410
~7
~ //07
Aut ed SignaCure
VENDOR COpy
A request for a Purchase Order
REQUISTION FORM
CITY OF
ASHLAND
Date of ReqUest:_
THIS IS A REQUEST FOR A:
[Xl Change Order (existing PO# 7636 )
Required Date of Delivery/Service:_
Vendor Name:
Address:
City, State, Zip
Phone:
Project Title:
Project Number:
ASPHALT MAINTENANCE ASSOCIATES INC.
2080 PRAIRIE ROAD
EUGENE OR 97402
541/461.2220
2007 STREET SLURRY SEAL PROJECT
NA
. Services Only
Description
Total Cost
Original Contract Cost for the Street Slurry Seal Project
Additional Costs for Items 3 thru 14 and 18
Account Number 260.08.12.00.602400 = 75% ($43,426.35)
"Please attach the 0rIgin81 signsd conIT8ct and Insurance Certifies/as.
Account Number
Employee Signature: Supervisor' Dept. Head Signature:
NOTE: By signing /his requlstiion form, I certify /ha /he above request meets with Ctiy of Ash/and SoIicltiation Process requi'e ents end can
G:Pubwr1<slEngI2OO7 Street Slurry MAA CO No 1.m
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