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
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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
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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
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~~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.'
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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
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