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HomeMy WebLinkAbout2008-217 Contract - Copeland Construction 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: Copeland Construction, LLC CONTACT: Jimmie H. Copeland ADDRESS: 321 Pruett Rd. Eagle Point. OR 97524 TELEPHONE: (541) 826-1014 FAX: (541) 826-1014 COMPLETION DATE: 10/28/08 DATE AGREEMENT PREPARED: 10/28/08 BEGINNING DATE: 10/28/08 COMPENSATION: $8.842.53 GOODS AND SERVICES TO BE PROVIDED: Construct "2007 Misc. Concrete Construction Phase II. Project No. 2006-34. ADDITIONAL TERMS: Phase II. Project No. 2006-34 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, 279B.23O, 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 $18,088 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 B 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. 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. 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 Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 1 of 9 -"--I-~-- conditions: i. 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; 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. ObliaationlLiabilitv 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, c or 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-c:llscrlmlnatlon 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 QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF 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 Liabilitv 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 Liabilitv 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. Contract for Goods and Services Less than $25,000, Revised 06/3012008, Page 2 of 9 II 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. e. Additionallnsured/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 Additionallnsured~. 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. CONTRACTOR CITY OF ASHLAND: BY 4 BY TITLE Owner Copeland Construction, LLC DATE CONTRACT AWARD AND FINDINGS DETERMINED BY: By: (I b 08 Date: DATE /0 .--27- 08 I Federal I [)I 3V-15!j0t:}~2... ACCOUNT , ~.t!l tfJ 8 /' P dl t!J 7 b7 ~~ (For City purposes only) -Completed W9 form must be submitted with contract PURCHASE ORDER' ~~60B Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 3 of 9 -,,--,--- r~' C I T Y 0 F CITY RECORDER ASHLAND I 20 E MAIN ST. . ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 10/29/2008 I I 08633 ~ VENDOR: 012365 COPELAND CONSTRUCTION 321 PRUETT ROAD EAGLE POINT, OR 97524 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Tenns: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Mike Fauaht Confinnlng? No Additional concrete work to match existina adjacent improvements and to match colored concrete where needed. Per attached written findinas and contract. 8,842.53 Date of aareement 10/28/2008 Beainnina date: 10/28/2008 Completion date: 10/28/2008 Insurance reQuired/On file Project No. 200634-120 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL A<.".t&...~ d1.'3Z,,/ Authorized Signature VENDOR COpy -----rr-T CITY OF ASHLAND REQUISITION No. PW_-. Department PUBLIC WORKS Vendor COPELAND CONSTRUCTION LLC 321 PRUETI ROAD EAGLE POINT OR 97524 Account No. 260.08.12.00.704200 Date December 3, 2007 Requested Delivery Date Deliver To Jim Olson Via Karl Johnson ASAP (* Note: Please allow approximately two(2) wcebfor delivery on items not generally caried in stomi, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use ofPurchasin Office C Unit Price Total Price Extra work for matching existing adjacent improvements, and matching colored concrete where needed.. $ 8,842.53 Job No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted ~~IIL~~ -- Department H;;lor Al Issued By Date Received By ~.l' G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-34 Copeland Req final 1 0 08 ------------11I----- ~~ar!. ~IS~~_:r~_~'!!'y".;!~:.ACtlI)Ja.!,UDUC VY. arKS UlreClor ~~._____. ---"a_'OJ _ ,___~.,_____..~-~--.--"'. .._~.J~9~_1,JI From: To: Date: Subject: Cindy Hanks Kari Olson; Marty Sustaire; Sarah Oakley 9/18/2008 1 :00:12 PM Fwd: Terry Ellis - Acting Public Works Director FY' >>> Mike Faught 09/18/2008 12:58 PM >>> Hi Cindy... Terry Ellis wlll be the acting PW Director from September ,18, 2008 through September 29. 2008... During that period please grant Terry Ellis authorization to sign purchase orders up to $50,000. Michael R. Faught, Public Works Director City of Ashland 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5587 Fax: (541) 488-6006 Email fauahtm@ashland.or.us www.ashland;or.us This emaills official business of the City of Ashland, and it is subj.ect to Oregon public records law for disclosure and retention. If you have received this message in error. please notify me. IrT Memo . CITY OF ASHLAND Date: From: , To: Re: 10/27/08 ~ James H. Olson Mike Faught, Lee uneberg, Kari Olson, Betsy Harshman PAYMENT ON PROJECT NO 2006-34 On August 5, 2008, the Ashland City Council approved a contract change order with Copeland Construction, LLC to increase the amount of the contract for the 2007 Miscellaneous Concrete Construction Project to $93,634.00. This project is now complete and payment request no. 11 is submitted as a release of retain age in the amount of$4,681.73. During the course of the project close-out it had become apparent that some additional work would be needed to match existing adjacent improvements, to add colored concrete where needed, to replace crumbling adjacent concrete infrastructure and to add drainage structures. This work was over and above that work as outlined on the council approved change order. This ex~ work was deemed necessary by the project manager to protect bo1f.1 public and private interest. The contractor was given verbal authorization to proceed with the work, as a delay would have created an unsafe and inaccessible jobsite. The work was completed in a timely manner and all public and private accesses promptly restored. The work has been inspected and approved by the project manager and the project has been deciared compiete. It was in the best interest of the City to use Copeland Construction, LLC to complete this work as they were willing to use the applicable unit prices established by bid on October 10, 2007. Justification for this contract is derived under ORS chapter 279C section 279C.335, competitive bidding; exceptions; exemptions. Paragraph 2-b states ,that "all public improvement contracts shall be based upon competitive bids except: The awarding of public improvement contracts under the exemption will likely result in substantial cost savings to the contracting agency." Cost savings were available in the following instances: 1. The contractor was on-site and additional mobilization costs were saved. 2. All applicable unit prices established on October 10, 2007 were utilized without adjustment for inflation or material cost increases. 3. There were no additional costs for the contractor overhead or profit margin. ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 www.ashland.or.us Tel: 541/488-5347 Fax: 541/488-6006 TTY: aoon35-2900 rj.' -----------.-.----- .- --IT l' This extra work amounts to $8,842~53 and is documented on contractors invoice numbers: 1923, 1924, 1924, 1926, 1933, 1934, 1935 and 1938. Since the work has been completed and approved, no retainage is necessary. The following items are provided in support of this action: 1. Contract for "2007 Miscellaneous Concrete Construction; Phase II" 2. Requisition for purchase order 3. Payment memo no. 1 (final) for $8,842.53 4. Contractor invoices (8) 5. Payment memo no. 11 (final) is also attached which releases the retainage withheld on the previous contract. ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 www.ashlancl.or.us Tel: 541/488-5347 Fax: 541/488-6006 TTY: 8001735-2900 ~.t. 1 ---------~---..--.._-