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Home My WebLink About2007-253 Contract - Versatile Concrete tkvsoJi\< Cbnc~ p.o. ~DX 56'"7 Ta(~",,-r OR. q-,s'tO CONTRACTORS INVOrCE WORK PERFORMED AT: l 4 ~ C-ef\.\.c.. loV"~.[ 3:z..Q ':2. 2. L.{ S / ~ ( All Materlalla guarantaed to be as apeclfled, and the abova work waa performad In accordance with the drawlnga and apeclflcatlons provided for the abova work, and waa completed In a substantial workmanlike manner for the agreed sum of DoIlara ($ I ~ 1'1' S!!!. ). n, Yea, This Is a 0 Partial 0 Full Invoice due and payable by: 10 Month 15 Day n accordance with our 0 Agreement 0 Propoaal No. Dated Month Day Yea, _. TC8122 ~ MADE IN MEXICO CONTRACTORS INVOICE CITY OF ASHLAND Today's Date: 10-08-2007 Requested Check Issue Date: ASAP Please note Vendors are paid Net 30 (30days) from today's date if not otherwise specified. Request(s) must be in Accounts Payable Inbox by 5:00pm Friday to be issued the following Friday. I Request for Check I To be used for the following: . Rebates, Refunds or Reimbursements (not employees) . Advanced payments for Books/Schools/Registration/Hotels (attach documentation) . State/County Assessments . Grants and Debt Services . Membership Dues Payee: Address: City, State, Zip: Versatile Concrete P.O. Box 507 Talent OR 97540 Concrete work for City of Ashland Bus Shelter Project at Ashland High School along with driveway replacement at 611 Siskiyou Boulevard. See attached invoice and signed contract. 260.08.12.00.704200 512, 176.50 Requested by: Karl J. JOhnS~ r~ Return check to: Approved by: Paula C. Brown/~pn-- Send chec~ ~y attachmenA H:\PROJECTS\05-27 (High School Bus Shelters)\Payment #01 - 1O~8-2()()7 - Check Request.doc Updated on : 10/08/07 CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this day of Seotember. 2007, between the City of Ashland, ("City") and Versatile Concrete Inc. "(Contractor''). City and Contractor agree: 1. Contract Docwnents: This contract is made as a result of an Advertisement for Bid issued by City for the Bus Shelter Installation Project. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the tenns of this contract, the contract docwnents defined in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract docwnents, 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 tenns 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 helshe has read this contract, understands it, and agrees to be bound by its tenns and conditions. 2. Scone: Contractor shall begin and complete the project described in the contract docwnents within the time prescribed in the contract docwnents. The following exceptions, alterations, or modifications to the contract docwnents 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 docwnents. 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 swn of Not Applicable for This Contract conditioned upon the faithful payment and performance of this contract upon the part of the Contractor as required by ORS 279C.380. . 5. Indenrnification: Contractor agrees to defend, indenrnify 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 incidentto 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 approximately caused by the negligence of City. 6. Insurance: Contractor shall, at its own expense, at all times during the tenn of this agreement, maintain in force: 6.1 General Liability. A comprehensive general liability policy including coverage for contractua1liability for obligations asswned 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-owned automobiles. The liability under each policy shall be a minirnwn of $500,000 per occurrence (combined single limit for bodily injury and property G:lpub-wrksleng\depl-admlnIENGINEERIPROJECn2005\05-27 Bus Shelter Versatile Contract 9 07.doc 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 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. 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 at least 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. ComDliance 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 and 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 Jackson 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.Hf 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. G:\pub-wr1cs\engldept....dmlnIENGINEERIPROJEcn2005lO5-27 Bus Shelter Versatile Contract 9 07.doc 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 offorty-eight (48) hours, or shall make an assignment for the benefit of creditors. manner. 8.3 From any other cause whatsoever, shall not carry on the work in an acceptable 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 contract, 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 diff~ce 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. Termination: 10.1 Mutual consent. This contract may be terminated at any time by mutual consent of both parties. 10.2 City'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. 10.4 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 G:\pub-wrks\engldept...dmlnIENGINEERIPROJECT\2005\05-27 Bus Shelter Versatile Contract 9 07.doc 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 odn 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 Oblil!:ationlLiabilitv 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 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 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. 11. 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. Prevailinl!: Wal!:e 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.8OO through 279C.870 pertaining to prevailing wage rates. 13. Livinl!: Wal!:eRates: If the amount of this contract is $17,342 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. G:\pub-wr1<s\engldepl-admlnIENGINEER'PROJECl\2005\05-27 Bus She~er Versatile Contract 9 07.doc 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 ofORS 279C.585 and OAR 137-049-0360. 15. Governinl! 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 t\1e 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. 16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHffiITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTffiS. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTffiS. 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. 16. Prior A>>>>roval Reauired: Approval of the City of Ashland Council or Public Contracting Officer is required before any work may begin under this contract. CONTRACTOR ~ By: J~_ Signatur fcJt\~",~ Printed Name Its: ,j.n. ~t1..IA.iI'.A ~. CITY OF ASHLAND By: J.I. s- .~ Lee Tuneberg c:f-- Finance Director ~~hJ REVIEWED AS TO FORM: REVIE~1[> CONTENT: By: ~ / Date: Department Head /:z. SOt<? (} '7 Coding: ~a ad' i?- co 7c~{) (For City use only) G:\pub-wrks\engldept-admlnIENGINEERIPROJECT\2005\05-27 Bus Shelter Versatile Contract 9 07.doc By: Legal Department Date: r~' C IT Y 0 f 61r'1 RECORDER ASHLAND ~ - .L ~ 20 E MAIN ST. 10/18/2007 ASHLAND, OR 97520 (541) 466-5300 Page 1/ 1 VENDOR: 001079 VERSATILE CONCRETE, INC POBOX 507 TALENT, OR 97540 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terma: Net Req. Del. Date: Speclallnat: Req. No.: Dept.: PUBLIC WORKS Contee!: Paula Brown Confirming? No 1.00 Each Payment for the Bus Shelter Concrete Work for installation of the bus shelter at 611 Siskivou Blvd. Request for Quotes were advertised. 12,176.50 12,176.50 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL ~.,t -6' /0 ;?f ? Auth8f.;;d Signature VENOOR COPY " ,,',~'ffiB' i~m \'D \] ~~' lli' ~Qc,\!;, LI 'WI '-- !' g(;l 1 ,I) 2.001 , CITY OF ASHLAND REQUISITION No. PW _ - FY 2008 Department Public Wodes Vendor Versatile Concrete PO Box 507 Talent OR 97540 Account No. 260.08.12.00.704200 Date 8-Oct-07 Requested Delivery Date ASAP Deliver To Paula Brown Via Karl Johnson (. Note: Paae.now approximately two(2) weeks for delivery DB items DOt ....,.u, ooried;" _ mI """",""'""-1, two (2) m<>DlIa on priDdngjobs.) Item No. Quantity Unit Description Usearp otIke Only Umt Price TollIl Price PONa. Payment for the Bus Shelter Concrete work for insta1lation of tile bus shelter at 611 Siskiyou $ 12,176.50 Boulevard. Request for Quotes were advertised Job No. UmtNo. I hereby c:c:rtify 1ba11be move items an: DCCCISU)' for the opemtion oftbU"",-m1""budgeud ,~ I _ ""-I '" Authoriz.d Persoo Issued By Date Received By r.l' G:\pub-wr1<slengldept-admlnlA Blank Forms\requlsltlon general form.xIs