HomeMy WebLinkAbout1999-052 Contract - Burl BrimCITY OF
ASHLAND
CITY HALL
ASHLAND, OREGON 97520
NO TICE OF TRANSMITTAL
TO:
Burl Brim Excavation
534 Crowson Rd.
Ashland, OR 97520
DATE:
PROJECT:
JOB NO.:
SUBJECT:
May 17, 1999
WWTP Berm Wall
final signed contract
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
ENCLOSED
REMARKS:
X
UNDER SEPARATE COVER
COPIES TO:
Barbara Christiansen, City Recorder
Department of Public Works
Engineering Department
By: Pieter Smeenk, PE
Title: Engineering Assistant
(541) 552-2413
G:\pieter\transmittal .wpd
ITY OF ASHLAND PERSONAL SERVICES CONTRACT FOR SERVICES LESS THAN $15,000
Ciry OF ASHLAND, (CITY)
20 E Main St.
Ashland, Oregon 97520
(541) 488-5587 FAX: (541) 488-6006
CONSULTANT: BURL BRIM EXCAVATION
Address: 534 CROWSON ROAD
ASHLAND OR 97520
Telephone: 541/488-1095 Fax: 5411488-8353
AGREEMENT DATE: APRIL 21, 1999
1i'3. BEGINNING DATE:
APRIL 22, 1999
¶4 COMPENSATION: $6,480.00 11'3. COMPLETION DATE: MAY 12, 1999
11! SERVICES TO BE PROVIDED: CONSTRUCTION OF BERM WALL LOCATED NEAR ASHLAND WASTE
WATER TREATMENT PLANT. SEE ATTACHMENTS FOR FURTHER DETAIL.
ADDITIONAL TERMS: Errors and ommissions insurances NOT required.
CITY AND CONSULTANT AGREE:
1. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise
specified, furnish all labor, equipment and materials required for the proper performance of such service.
2. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required
under this contract are fully qualified to perform the service to which they will be assigned in a skilled and workerlike manner and, if required to be
registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Consultant shall also procure and maintain a current
City of Ashland business license.
3. Completion Date: Consultant shall start performing the service under this contract by the date indicated above and complete the service by the
completion date indicated above.
4. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum of specified above. 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.
5. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City.
6. Statutory ReQuirements: ORS 279.312, 279.314,279.316 and 279.320 are made part of this contract.
7. Indemnification: Consultant 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
Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant
to th~s contract.) Consultant 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.
8. Termination: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant
should City fail substantially to perform its obligations through no fault of Consultant.
9. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete
responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all
persons employed to perform work pursuant to this contract and prior to commencing any work, Consultant shall provide City with adequate proof of
workers' compensation coverage. Consultant is a subject employer that will comply with ORS 656.017.
10. Insurance: Consultant shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general
liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, professional errors
and omissions, products and completed operations and comprehensive automobile liability including owned and non-owned automobiles. The
liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property 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. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of
insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Consultant under this
agreement. These certificates shall contain provision that coverages 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. A certificate which states merely that the issuing company '"will
endeavor to mail" written notice is unacceptable.
11. Assiqnment and Subcontracts: Consultant 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. Consultant 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 a~signment or subcontract shall
not create any contractual relation between the assignee or subcontractor and City.
CON ULTA
Its
CITY OF ASHLAND:
BY
Fi
c
FORM REVIEHZ'
Coding:
(City Dept Head)
(City Attorney) Date.'
(for City purposes only)
CITY OF ASHLAND PERSONAL SERWCES CONTRACT <$15.000 (p.'forms~a-shrtps. fk)(rev'd 7/~:J3)
BURL BRIM EXCAVATION, INC., 534 CROWSON RD, AS~ OR 97520
PHONE 1-541-488-1095, FAX 1-541-488-8353
FAX COVER SHEET
DATE: 04105/99
ATTN: PETER SMEENK
RE: FLOOD BERM BID
FAX #: 488-6006
# OF PAGES 2 INCLUDING THIS COVER
COMMENTS:
PETER,
CALL IF YOU HAVE ANY QUESTIONS.
THANKS,
TAMMY
EXCAVATION INC.
GENERAI~ 'C,OI~'RACTOR
CCB #6~0687g
April05, 1999
Peter
City of Ashland Engineering
RE: Flood Berm Constructio~
Per your r~luest I would like to submit the following Lump Sum for the cortstruction of a Flood Berm and other
associated grading and clean up work located near the Sewer Treatment Plant Per the Plan that you provided.
Lump Sum: $ 6480.00
Don't hesitate to call with questions. Thanks for the opportunity.
Bttrl Brim
pres~ BBEI
534 Crowson Road · Ashland, OR 97520 · 541-488-1095 · FAX 541-488-8353
CITY OF AS
Public Works/Engineering Division
TEL: (541) 488-5347
FAX: (541) 488-6006
HLAN
D
WWTP Berm Wall
PROJ NO: 99-03
BY: PNS
TO:
FROM:
SUBJECT:
CC:
BURL BRIM CONST.
PIETER SMEENK, P.E.
WWTP BERM WALL
RECIPIENT'S FAX NO.: 541-488-8353
SENDER'S TEL NO.: 541-552-2413
DATE 4-12-99
This is a copy of the DSL permit for the project. How does this effect your
estimate ? (the city will do the turbidity measurement)
Thanks.
\',,t~ 1 \sys\user\eng\wwtp berm wallNbbrimfax2.doc 4-12-1999 Page I of 5
L)~)y~o~ ,I ~aLe l,ands, Eastern [~eglon
~.'930f, Empxre Ave., Suite 1
Bend OR !)7701
Fax (54 1) 388-6480 ~'~ L~
Permit No.: 13231
Permit Type: SP
Waterway: Ashland Cr.
County: Jackson
Expiration Date: June 22, 2001
ASHLAND PARKS & RECREATION COMMISSION
IS AUTItORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE
OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO
THE SPECIAL CONDITIONS LISTED IN ATTACHMENT A AND TO THE FOLLOWING
GENERAL CONDITIONS:
1. This permit does not authorize trespass on the lands of others. The permit holder shah obtain all
necessary access permits or rights-of-way before entering lands owned by another.
2. This permit does not authorize any work that is not in compliance with local zoning or other local, state,
or federal regulations pertaining to the operations authorized by this permit. The permit holder is
responsible for obtaining the necessary approvals and permits before proceeding under this permit.
3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340;
Standards of Quality for Public Waters of Oreg0.n...Specific water quality provisions for this project are
set forth on Attachment A.
4. Violations of the terms and conditions of this permit are subject to administrative and]or legal action
which may result in revocation of the permit or damages. The permit holder is responsible for the
activities of all contractors or other operators involved in work done at the site or under this permit.
5. A copy of the permit shall be available at the ~/ork site whenever operations authorized by the permit
are being conducted.
6. Employees of the Division of State Lands and all duly authorized representatives of the Director shah be
permitted access to the project area at all reasonable times for the purpose of inspecting work
performed under this permit. ' '
7. Any permit holder who objects to the conditions 0f this permit may request a hearing from the Director,
in writing, within 10 days of the date this permit was issued.
8. In issuing this permit, the Division of State L~nds makes no representation regarding the quality or
adequacy of the permitted project design, mate~i~s, construction, or maintenance, except to approve the
project's design and materials, as set forth: in the permit application, as satisfying the resource
protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196.390 and
related administrative rules.
9. Permittee shah defend and hold harmless the State of Oregon, and its officers, agents, and employees
from any claim, suit, or action for property damage or personal injury or death arising out of the design,
material, construction, or maintenance of the permitted improvements.
NOTICE: If removal is from state-owned submerged and 'submersible land, the applicant must comply with leasing
and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state-owned submerged and
submersible lands, you must comply with ORS 274.905 - 274.940. This permit does not relieve permittee of an obligation to secure
appropriate leases from the Division of State Lands, to conduct aC.tivities on state-owned submerged and submersible lands. Failure
to comply with these requirements may result in civil or criminal liability. For more information about these requirements, please
contact Division of State Lands, (541) 388-6112.
Paul R. Cleary, Director
Oregon Division of State Lands
June 22, 1998
Date Issued
~ed
~po
ATTACHMENT A
Special Conditions for Permit No. P-JF - 13231
This permit authorizes this project as outlined in the attached permit application, map and
drawings.
1)
Turbidity shall be monitored hourly and shall not exceed 10% above natural stream
turbidities as a result of the project. The turbidity standard may be exceeded for a limited
duration, period not to exceed 2 hours (per OAR 340-41), provided all practicable erosion
control measures have been implemented, as applicable, including, but not limited to:
-use of filter bags, sediment fences, silt curtains, leave strips or berms, or other
measures sufficient to prevent offsite movement of soil;
-use of an impervious material to cover stockpiles when unattended or during a rain
event;
-graveled construction accesses to prevent movement of material offsite via construction
vehicles;
-sediment traps or catch basins to settle out solids prior to water entedng ditches or
waterways; and ,
Erosion control measures shall be maintained as necessary to ensure their continued
effectiveness, until soils become stabilized.
2) Petroleum products, chemicals, or other d~!..e, terious materials shall not be allowed to enter
the water. No fresh concrete shall come in contact with the active flowing stream.
3) All equipment shall be operated from the top of the bank and shall not enter the waterway.
4) Waste materials and spoils and other rubble shall be placed above the bankline and not in
any wetland areas.
5) In-water work shall be conducted between ,June 15 and September 15,
6)
Repair of the waterline shall include provisions for providing upstream fish passage in
conformance with state and federal fish passage standards. The City of Ashland and the
Ashland Parks and Recreation Commission shall work with ODFW and federal agencies to
develop a plan to identify and correct all fish passage problems in Lithia Park involving
artificial obstructions. The plan shall be completed within one year of the issuance of this
permit. -
7) Riprap shall be placed under these conditions:
a. Only clean, erosion resistant rock from an upland source shall be used as riprap. No
broken concrete or asphalt shall be used.
b. Riprap shall be placed and not dumped.
8) Areas of streambank disturbance shall be'n~inimized and seeded or planted with grass
and/or legumes, and native shrubs and trees. There shall be no loss of vegetation at the site.
All exposed soils shall be stabilized immediately after project's completion, to prevent erosion
and sedimentation.
9) Heavy equipment shall be operated in a manner that minimizes unnecessary disturbance to
stream, riparian vegetation and wetland areas adjacent to the project work site.
10) If any archaeological resources and/or adifacts are uncovered during excavation, all
construction activity shall' immediately cease and the State Historic Preservation Office shall be
contacted (Le Gilsen, phone: 378-6508).
This authorization permits only the work described in the application. Please notify this office when the
work is complete. If additional work needs to be done in the future, a new application must be
submitted.
11 ) This authorization permits only the work described in the application. Please notify this office
when the work is complete. If additional work needs to be done in the future, a new application must
be submitted.
12) In issuing this permit, the Division of State. Lands makes no representation regarding the
quality or adequacy of the permitted project,deSign, materials, construction, or maintenance,
except to approve the project's design and materials, as set forth in the permit application, as
satisfying the resource protection, scenic, safety, recreation, and public access requirements of
ORS Chapter 541,390 and related regulations.
13) Permittee ·shall defend and hold harmless:~.be State of Oregon, and its officers, agents, and
employees from any claim, suit, or action for property damage or personal injury or death
adsing out of the design, materials, construction, or maintenance of the permitted
improvements.
14) The Division of State Lands retains the authority to temporarily halt or modify the project in
case of excessive turbidity or damage to natural resources.
This authorization permits only the .work described in the application. Please notify
this office when the work is complete. If additional work needs to be done in the future, a new
application must be submitted
P/ease be aware that you must also receive authorization, when required, from the local planning
department and the U.S. Army Corps of Engineers before beginning construction. If you have any
questions regarding this authorization or its conditions, please contact me.
NOTE
DEQ requires that storm water runoff from impervious surface(s) must be treated before
entering waters of the State.
ASHLAND CREEK CHANNEL IMPROVEMENT PROJECT
WASTE 'WATER TREATMENT SITE
~Y""cc" ~ HLAND C
TYPICAL SECTION
CITY OF ASHLAND
DEPT. OF pUBLIC WORKS
NOT TO SCALE
EXCAVATION INC.
GENERAL CONTRACTOR
!3 #(~BG6879
04/22/99
City of Ashland
Engineering
20EmainSt.
Ashland, OR 97520
Addendum # 1
Project #: 99-03
WWTP Berm Wall
This paragraph iS hereby added to contract for the above-mentioned job.
ff extra work is required and performed beyond that which is stated in original bid, such work will be
performed on a time and material cost, plus 15% basis and will be subject tO paragraph 4 CompenSatiOn as
stated in the City of Ashland Personal Services Contract attacheel
PreSident
City of Ashland Finance Director
534 Crowson Road · Ashland, OR 97520 · 541-488-1095 · FAX 541-488-8353
/ /
PUBLIC WORKS · ENGINEERING
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