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Home My WebLink About2009-200 Contract - Oleson Concrete ,; CITY OF CONTRACTOR: Oleson Concrete Construction ASHLAND CONTACT: Jim Oleson 20 East Main Street Ashland, Oregon 97520 ADDRESS: P.O. Box 342, Jacksonville OR 97530 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 601-9209 DATE AGREEMENT PREPARED: FAX: Auaust 20, 2009 BEGINNING DATE: August 31,2009 COMPLETION DATE: September 31,2009 COMPENSATION: $7,966.00 GOODS AND SERVICES TO BE PROVIDED: Replacement of driveway at 465 Taylor Street and 819 Siskiyou Boulevard ADDITIONAL TERMS: , 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. 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, 2798,230, 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 8 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, 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. 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 conditions: Contract for GOODS AND SERVICES Less than $25,000 Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 1 of 5 '. inten) not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. AdditionallnsureClCertificates 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 contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. 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 ATIACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BE1WEEN 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 WRITIEN, 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. Nonappropriations 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 Councilor 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, CONTRACTO CITY OF ASHLAND: 8'1 y-- FINANCE DIR CTOR TITLE DATE DATE 11 - ?-- s-: Dr CONTRACT AWARD AND F DINGS DETERMINED BY: By: City Department Head Date: W-9 One copy of a W-9 is to be submitted with the signed contract and it will be kept on file in the Finance Department. ACCOUNT # ,;zw-C? ~f3 /,,:L 0 & 7 t/ . (For City purposes only) PURCHASE ORDER # 6JY1 ( 9~ Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 3 of 5 JAN-19-2000 10:03 FROM:ASHLAND INSURANCE 541 488 5851 TO: 4886006 p: 1/2 ~ ACORY CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDPIVYVY) ~ 8/25/2009 PRODUem. (541)482-0831 F~: (541)488-5851 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION Ashlancl Insurance Inc ONLY AND CONFERS NO RIGHTS UPON lHE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 585 A Street Su~te 1 AlTI'lR lHE COVERAGE AFFORPI'lP liY lHE POLICIES BELOW. P. O. Box 880 Ashlancl OR 97520 INSURERS AFFORPING COVERAGE MAICtI -.... ... ..- -. -- l~aURER A: NavigR tors __~~~~anC!e ...., INSUR~ 42307 -- -- -.- JaJnQS Ol.eson & Tanya M Oleson, PBA: Oleson INSURER D: AmQr~c~ Su t.es PrefeX't'ed 372:J.4 J?O Box 342 .. -.. rNSUR[!R c; --.. .. ... ... !!!l;~ftf1!\D: .. --.. Jaclc:son,,:l.lle OR 97530 tNSUAEFI. E: COVERAGES THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED ro THE INSURED NAMED ABOVE FOR THE POLICy PERIOD INDICATED, NO'TWITHSTANOING 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 8Y THE POliCIES DsSCRIBED HEREIN IS SUBJsCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ~!SS:.AGGREGATE LIM..ITS_SHOI"M MAY HAVE lIE!':N REDUCED BY PAI~.CI.A:~i~,_,-.ciiVO _... . ... ___ ~it ~DA.t.lt'!C: POWCYNUMBER j.!'ft~ PO~BXP'RATlgN U.,ITS ~NEiRAL UAPIUTY EACH OCCURR@iC_~_ .. . ~ue. TO RENTeD .1t C.OMMEAOIAL GENERAl.}.IMUI.ITY ....t..BaMlScS.u;a ~!!"'J!CtCl~ . A X I-- J CLAIM5MflO~ c;..l OCCUR 6-:1,0093450 7/29/2009 7/29/2010 !~~.of.xPJAnylX1flD9rJ.on\ $ - - ... ... eEMONAl&AOVINJURV '-... QEiNERALAGGReGl\~ , PRODUCTS . c~~p('Or ~9.o ~ ~'L^GI3RF;~:'l:,E UMIT AP~S Pr:;R: I X I POI.ICV I I PAO. I I LOC ~TOMOIIJL.EUABfIJTY Al(t(AUTO 1,J_0_0_0-,_0_0_0_ 2_0_0....._0J.l9. ;!"Q."QRQ., 1,..( ~tO_O _LO_O_O_ ___ ._2J_0_Q9_L!LO_0 2J.9_0_0J_0_0_0. B 1.- ~ 1-l5 ~ "- ALL OWNIm AlJToe SCtimvt.F.O AUTOe HIR~D AUTOS NON.o~p AlJTOB ~lcn51"'10 COMlllNEP SINGLE LIMIT . 500,000 (F.I'I~d9l1l.1 -..-.. '.-.. 2/11/2009 2/11/2010 . BODILY IN"JUf{Y . (Per"""",) ...:........:... - ..- -.. .. ~ ..~ eODtlV INJURY . (r8l'scck1ef1t} .. ..- PROPI;RTY DAMA.13e . (~~ll:lmlJ ~~io.........elU1Y -1 A.m AUTO .AtJ"r!? ONLY. EA ACCICElNT $ EA A,OC $' ---;O~ ~- . $ OTHER THAN AUTO ONl..V: ~6SS I UJIIPPJ;lJA lJA81UlY W OCOUA D CLAMS MAPE R DBDUCTlDUl RETF.lN1lCN :it 'WORrtERS CONPI;NGATlON AND l:iNPLOYERS' LIABILITY J ANY PROPRISTORJPARTNeRfEXECUTIW. ~ O~CER1rJIEMagR E)tCU)OE07 U IM.ndatmy In "") kli~ dnp~ LnI8r G C!lA.t. PROVISIONS bl!I~ """ER GACH OCCURRf.N.CF-... ~~fJB.e.~TF~. --- '- ~_.- ..... , . I."'" ST^])i;, I IOJi;" .11l>l'.Y.'1M e.!.. EAett ACCIDtNT I 6.L D13EA5E! ~ ~ ~PJ.OY!'l~ .~ EL PISEJASg. pOUCV LIMIT .s W.BCRlPTlDN OF OPEMnoN8/lOCATIONS/VEHICLEB I EiXCLUSZONB ADDEQ ~ ENDOFtSallU!NT I SJI~ PROVISIONS :.i'ty of' Ash.1.anc1 18 listed 8.tJ 1M. ad4.i.ticma.1 ~ :ERTlFlCATE HOLPER 541)488-5320 City of Ashland. At-tn, Nancy 20 lil. Main St. Ashland., OR 97520 .CORP 25 (2009/01) ~S026 (2OllOO1) CANCELLATION SHOUJ.lI ANYOFTHEi NJOV8 DESCRII:U~~ POueTF.Et J1eCMlC6LLEO Bg:'QR~ Ttt~ flXPfRAnON DATA THEREOP, THe ISSUING INSUAM WII...1. ENDPAVDR TO MAIL !Q..-. DAve WRITTCN NOT1Ca TO THB CEIRTlPJCA~ "Ol..D~R. "AME;p 10 THIS LEFT, BlIT FAlWRE TO PO GO 8H"L.L IMPOGF. NO OBUCII\TION OR UABfUTY op Af.f't KINP urON THElINSUREfl, rra "G1~NTB OR. REPR~ENT^TIVES. AUTHOmzgp F1:~R~ENt Jul.i. Ash." @ 1 -2009 ACORD CORPORATION. Alll'ightB ,.....eIVell. The ACORD name anll logo ara reglstarad marka Df ACPRD Memo CITY OF ASHLAND Date: August 26, 2009 From: Karl Johnsen~ To: Kariann Olson cc: Mike Faught, Jim Olson PURCHASE ORDER FOR DRIVEWAY REPLACEMENT AT 465 TAYLOR Re: STREET & 819 SISKIYOU BOULEVARD REQUEST This request is for a Purchase Order Number to be used for the replacement of the driveway at 465iayIOfStreet-&-ST9'"SiSRiyou I:fOtilevara. BACKGROUND During a storm drain project in 2006, the City of Ashland had a large portion of the driveway replaced at 465 Taylor Street after the construction necessitated its removal. Since then the homeowner has called and asked that the replacement be redone as the surface of the concrete has began to deteriorate and flake off. Pieter Smeenk agreed with the homeowner, Larry Korn, to have the driveway replaced. Mike Faught has also agreed to replace a driveway at 819 Siskiyou Boulevard that has had some issues with storm water entering and sheet flowing across the property, The City requested three new quotes for the project but only received two responses. ENGINEERING DIVISION 20 E. Main Street Ashland OR 97520 www.ashland.or.us Tel: 541/488-5347 Fax: 5411488-Q006 TTY: 800/735-2900 r.l' H:\PROJECTS\465 Taylor 8t & 819 Siskiyou Blvd. Driveway Replacement\Requisition Memo - 08-26-09 - Oleson.doc CiTY- R""'C":."~1:R ... '." - . L.. _ __,,_ Page 1/1 r~' CITY OF ASHLAND. 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 fL.'~:~f;"jDATE:~~}-~"},~~J; 9/2/2009 c;WP.Olr'JUMBER' ,:J 09194 VENDOR: 005042 OLESON CONCRETE CONSTRUCTION POBOX 342 JACKSONVillE, OR 97530 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req, No.: Dept.: Contact: Mike Faught Confirming? No ~'::tQUa71ti~;'~&~ ~On"[~~ ~:',:;''TE.~:~ _:.~':;~..I~'-0~1-"{~;~i;:i\=;~~~~iDescriPtiOn~\: . _i~;7 ;::..~~'~_:_2;.'7.~/.fV~:-!~(TI~7.11l.I:l(fnrt7P.1T'ct;l~~1t ~~tEitjP-ric-e-G~ Replacement of driveway at 465 Taylor Street and 819 Siskiyou Blvd. Per .attached.contract.for.Goods.and Services, Beginning date: August 31, 2009, Completion date: September 31, 2009, Insurance required/On File 7,966.00 . BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 ~ SUBTOTAL TAX FREIGHT TOTAL 7 966.00 0.00 0.00 7,966.00 E?JAccourlt\NUmberi;fj;:;l t'~~Ap.rolectTNumber![;i}'!B ~-;':~.)}\mou'l1f2:fR;j ~8I\Ccou"lt7Number}f~ ~ciR70Ject~Numt)ert(stK; ~~\'} !Amdunt~:?d E 260.08.12.00.70420 7 966.00 ./ ~/<~ ~~. Auth ed Signatur~ VENDOR COPY FORM #10 I CONTRACT APPROVAL REQUEST FORM CITY OF ASHLAND Total Amount Contractor{C~s~ant: 6LI' CVrP0- cg/Per attached contract PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process D Exempt from Competitive Biddino D Invitation to Bid (Copies on file) D Emeroencv Reason for exemption: D Wrilten findings attached D Quote or Proposal attached CooDerative Procurement D State of Oregon Contract # D State of Washington Contract # D Other government agency contract Aqency Contract # D Interagency Contract Agency Contract # ~~(!.fuYq, 0~udc>'~ - - --- - ',c;' -- -- :, -I ($' '7 ~~'~.:-~.:^,,\ ) __ /.",1',,-~~,,\.~~:;~,~;:c~~ ~ ~,~j ';,'~, D Small Procurement & Personal Services Less than $5,000 Note: Tolal contract amount, including any amendments may not exceed $6,000 Intermediate Procurement _ ._ / h--.. GOODS & SERVICES tft--A'~.'} __ 50 .to.7.5000 -;;>-., 3 Written Quotes PERSONAL SERVICES $5,000 to $50,000 D (3) Written Proposals D Reouest for Proposal (Copies on file) Please check one: D Goods & Services D Personal Services D Sole Source D Written findings allached _1d_Quote,or.9roposaLallaGhed 50ecial Procurement Written findings attached Quote or Proposal attached Have all public contracting requirements been satisfied? YES If "NO", City Council approval is required. City Council approval was received on Have funds been budgeted for the purpose of this contract? YES '- / NO (Date) ~ NO (Date) If "NO", City Council approval is required. City Council approval was received on Please provide AccountNumbe~~,q- ~~ / ~ tJl:O.. - 7 .P..~~ Is the amount of the contract less than $25,000? YES ~ NO (Date) If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on Is the amount of the contract less than $75,000 for Goods & Services or $50,000 for Personal Services? YES If "NO", City Council approval is required. City Council approval was received on Is the contract for a period of 24-months or less? YES If "NO', City Council approval is required. City Council approval was received on Please provide terms: Start date: tf/ G -:2 ( - tll Can the contract be terminated for convenience thirty (30) or fewer days following delivery of written notice to the contractor? ~ NO (Date) / NO (Date) Completion date: & '1 - 'f;U - &/ Pleasecir~ ~I . ~ ..:J, /:? c::r- Lee Tuneberg ~11o;/ YES Date: If "NO", City Council approval is required, City Council approval was received on &~.~ ,v LA ~r ~tP3~c!) Prepared by: Date: Department: Form #10 - Contract Approval Request Form, Page 1 of 1, / NO (Date) Not Approved Page 11 11]9/2/2009) Kari Olson - Concrete contract From: To: Date: Subject: Betsy Harshman Kari Olson 9/2/2009 3: 11 PM Concrete contract Hi Kari, Karl requested 3 quotes on the concrete project, (PO 09194), The initial request delivered no responses so he contacted' the three contractors and two of them did supply the City with quotes. Jim Oleson came in with a quote of $7966.00 and Ashland Construction came in with a quote for $t4,800.00. Let me know if you have any questions. Thanks, Betsy A request for a Purchase Order REQUISITION FORM CITY OF ASHLAND . ,to....,'.". f.:., Date of Request'. . 08-26'O~,.' ',,;l: 'c"',:- ,;,.<.',l,..h"', THIS REQUEST IS A: D Change Order(existing PO # Required Date of DeliVerylservice~iAP}~;it.':;;:rl / Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name Oleson Concrete Construction P,O, Box 342 Jacksonville, OR 97530 (541) 601.9209 Jim Oleson SOLICITATION PROCESS Small Procurement D Sole Source D Invitation to Bid !od Less than $5,000 D Written findings attached (Copies on file) D Quotes (Option at) D Quote or Proposal attached CooDerative Procurement D Reauest for ProDosal D State of ORN/A contract (Copies on file) Intermediate Procurement D Other government agency contract D Special I Exempt [ZJ (3) Written Quotes D Copy of contract attached D Written findings attached (Copies attached) D Quote or ProDosal attached D Contract # D Emeraencv D Written findings attached D Quote or ProDosal attached Description of SERVICES Total Cost -"',' ,: "'-'-~\{.i;~ .... '" ":"'i' I;g] Per attached PROPOSAL ~ ~: .~;': '~:''';:~i- ~'~j~-;""'-':_:')? ~.'" ~,.' ,'l~ ,$, 7,,966.0Q. ,... , ..' .. -'7 ,.'. ~::~:~2.;5-_':,-~.'-'- <'r ~_,,",.: _ " ~ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number uu__ u_ (jiOTA'L.COST.;i" ~' ,:.-~ --:.;:\~~tJ:I~~ , "<Ii':~n. i$:", >,:,~:~~ D Per attached QUOTE Account Number 260.08.12.00,704200 "Items and services must be charged tp the appropriate account numbers for the financiais to reflect the actua/expenditures accurately, By signing this requisition form, Ie rtify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be 0' ed request, . upervisor/Dept. Head Signature: ~".Q D-\.- Employee Signature: - G: Finance\Procedure\AP\Fonns\Requisition. 08-25-09 - Oleson.doc Updated on: 8/25/2009