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HomeMy WebLinkAbout1999-125 Contract - SO UndergroundCITY OF ASHLAND CITY HALL ASHLAND. OREGON 97520 NOTICE OF TRANSMITTAL DATE : !(~/,~/ ~ ~ PROJECT: ~D'D¢~ ~/~. ~-~,~,- JOB NO.: ~' ~Z SUBJECT: E,~r:~4 L')n~t~r,t~,r/~ THE FOLLOWING ITEMS ARE BEING SENT TO YOU: I ENCLOSED UNDER SEPARATE COVER REMARKS: COPIES TO: ~'~L/./~ ~ ' (c: kengineer\noc;rans. blk) Department of Public Works Engineering Division By: James H. Olson Title: Assistant City Engineer CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ';2~DJ-zt day of September, 1999, between the City of Ashland, ("City") and Southern Oregon Underground, Inc. "(Contractor"). City and Contractor agree: 1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Ashland Airport Sanitary Sewer Line Construction Project No. 98-22. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract documents which shall take precedence over the bid. 2. Scope: Contractor shall begin and complete the project described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations, or modifications to the contract documents are incorporated into this contract: NONE 3. Price & Payment: 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 documents. 4. Bond: Contractor shall, within five days after execution of the contract and prior to doing any work under the contract, furnish bond to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of $105,780.00 conditioned upon the faithful performance of this contract upon the part of the Contractor. 5. Default: A default shall occur under any of the following circumstances: 5.1 If 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. 5.2 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 of forty-eight (48) hours, or shall make an assignment for the benefit of creditors. 5.3 From any other cause whatsoever, shall not carry on the work in an acceptable manner. G:Dawn\Engineer\Project\98-22 Notice of Award & Contract Docs Ltr.doc 6. 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 difference 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. Prevailing Wage 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 279.348 through 279.365 pertaining to prevailing wage rates. CONTRACTOR By: Its: By: Its: REVIEWED AS TO FORM: By: Ci~ A~orney Date:/O/r~y CITY OF ASHLAND By: 21//~r'/''' Mike Freeman City Administrator REVIE D A CONTENT: By' C (For City use only) G: Dawn\Engineer\Projec698-22 Notice of Award & Contract Docs Ltr.doc PROPOSAL Mayor & City Council Ashland, Oregon The undersigned bidder declares that the bidder has examined the plans and specifications, has visited the site, and made such investigation as is necessary to determine the character of the materials and conditions to be encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of Ashland, Oregon for the construction of the proposed improvement in a form of contract contained in the bid documents, will provide the necessary equipment, materials. tools, apparatus, and labor, in accordance with the plans and specifications on file at the City Engineering Office, Ashland, Oregon, under the following conditions: 1. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services. materials. labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. 2. The undersigned will furnish the bonds required by the specifications and comply with all the laws of the Federal Government, State of Oregon, and the City of Ashland which are pertinent to construction contracts of this nature even though such laws or municipal ordinances may not have been quoted or referred to in these specifications. 3. All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of a lump sum price or prices for each and every item and by the showing of other information indicated by the proposal form. The undersigned submits the unit prices set forth as those at which the bidder will perform the work involved. The extensions in the column headed "Total" are made up for the sole purpose of facilitating comparison of bids and if there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern. 4. The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will complete the work within the number of G Oawn\Engineer\Prolect\98-22 Ashland Airport Sanitary Sewer Line Construction Project.doc 10 consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the sum of one hundred dollars for each day the project remains incomplete. 5. The undersigned, as bidder, acknowledges that addenda(s) numbered ~ through I have been received by the bidder and have been examined as part of the contract documents. 6. The undersigned, as bidder, acknowledges that provisions of Oregon Revised Statute (O.R.S.) 279.350 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract. G:Dawn\Engineer%Project\98-22 Ashland Airport Sanitary Sewer Line Construdion Project.doc 11 ASHLAND AIRPORT SANITARY SEWER CONSTRUCTION PROJECT REVISED BID SCHEDULE r'~.M 1 2 4 7 9 10 11 13 rTEM (UNIT PRJCE DOLL.A~} Agg~e for Trenches wl slu~ c: C~ A 8" ~C Pipe (CI~ B BaSIl) Far 8'~ Pipe (~ d SIu~ I kl~f Bac~ll) Far Oalla~ la~' '' A Bac~ll) Far 15" ~S Pi~ (Sand Slu~ Bac~ll) ~0f Pave~:~mav~ For ~clla~ C ~ G~ing ~re or uNrrs Lump Sum CY EA LF LF LF LF LF LF SF SF LF Luml~ Sum BID TOTAL i $ E~T ~ UNIT PP,,'CE QU~,N 1 z'rY (FIGURe. S) All IS a~,O00 ~--~ 550 $ 17 3600 200 217 J 123 [ S ~j(~ %~-,. 315 ' t $ 'Z-.'~:'~ 315 38 [ $ JD '~:" AMaUNT DEPARTMENT OF PUBLIC WORKS ..... ENGINEERING DIVISION G. D~twn,Engineer~r~j'ect,..qS.-2.2. A..~hland Almar~ Send=lnf .~ew,~ Une Carts~,rcZjon Protf~:~.doc 12 The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days and deliver surety bond or bonds as required. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. The Bidder is//~ or is not __ a resident Bidder as defined in O.R.S. 279.029. ,.~TH~Tt O~EGON UNDERGROUND, INC. Firm Name of Bidder Signature of Bidder Printed Name of Bidder Official Title CCB Number St~at:~n°c2rporation Dated this ~_'7 ~'' day of Name of Bidder OREGON UNDERGROUND. TNi~. Telephone G:Dawn~Engineer~Project\98-22 Ashland Airport Sanitary Sewer Line Construction Project.doc 13 Bond No. 2350 07 064050 PERFORMANCE & PAYM N ~i OND ETB - The undersigned Southern Oreaon Underground, I~n~'-, as principal, further referred to in this bond as Contractor, and Employers InsUrance of*as surety, further referred to in this bond as Surety, are jointly and severat~ bound unto City of Ashland, as ol~ligee, further referred to in this bond as City, in 'he sum of one hundred five thousand seven hundred e~htv Dollars ($105.780.00)-*Wausau, A Mu~:ual Company the following project: Ashland Airport Sanitary Sewer on Project, No. 98- 2_.22. This contract is further referred to in this bond as the ~ntract and is incorporated into this bond by this reference. The conditions of this bond are: If Contractor faithfully performs the Contract" ithin the time prescribed by the Co:~:ract and promptly makes payment ~.all claimants'as defined in ORS 279.52~ through 279.542, then this obt!~tati~n is null ;rid void; otherwise it shall remain in full force and eff.~ : If Contractor is declared by City to be in de~iJIt under 'the Contract, the Surety shall promptly remedy the default peGform all of Contractor's obligations under the contract in accord::~.with its terms and conditions and pay to City all damages that am due un~jer the Contract, li This bond is subject to claims under ORS 2'~).526 through 279,542. This obligation jointly and severally binds C!!ntractor and Surety and their respective heirs, executors, administratorS, ~uccessors. c{t;n Surety waives notice of modification of the o tract or extension of the Contract time. Nonpayment of the bond premium shall not invalidate this bond. G:Dawn~Enginect~mjcct~98-22 Notice of Award & Conn~:t DcN:s LU'.doc The bond number and the name, address, ~ nd telephone nL, mber of the agent authorized to receive notices concern 'hg this bond am as follows. Bond Number: 2350 07 064050 Bond Agent Marsh USA, Inc. Address: 111 SW Colum. bia, Telephone: SIGNED this WITNESS: (Corl>orate Seal) WITNESS: (Co~orm Seal) 503-248-6400 21st day of Portland, 0 97201 September 1999 Contmctor: Southern Oreqon Underqround, Inc. By: ~ Legal Address: Coporate Se~em~ SumS: EmRloye~s Insurance of Wausau, A Mutual C om p any By: ' ~e: Stacy A. 'Flynn, Attorney-in-Fact LegalAddress: :P0 Box 8017 :,Wausau, W1 54402-8~17 Affest: Ce~~t~ Ne ~ssa C. Jones ~ tness to Surety G:.Dawn~Jteineeq~jcc~8-22 No~k~ of Awsrd a: Comr~ l)ocs Lir. do~ 2_ N o. 223-286- 0 0 2 8 4 F_MPtOY!i INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY k x,~ ,W AI,I, MICN BY THESE PRESENTS I il;~I the E.MIq.()YERS INS['RANGE ()F WAtTSA[T A Mutual ('ompany. ;t cl~rporation duly organized and existing under ,i~,~ i~ws of the State iff Wiscl,ns~n. and having its principal offict, in the ('ity ,f Wausau.'County of Marathon. State Xl~,nnsm. has made. constituted and appmnted. and does by these presents make. constitute and appoint STACY A, FLYNN~ JANETTE L, HC ~LISSA C, JONES~ JUDY H, AUSTIN .~ true and lawful attorneyqn fact. with full power and authority hereby conferred in its name. place and stead. to execute. -~.;~1 ;u'knowh~dgc and deliver ANY ()R AI.I. B()NI)S. UNI)ERTAKINGS. RECO(;NIZAN('ES OR OTHER WRITTEN ~BI .IGATI()NS IN THE NATURE TItEREOF INCLUDING CONSENTS OF SURETY ~D WAIVERS TO THE CO~ITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL S~ OF TWENTY MILLION DOLLARS ($20,000,000). / ~n{ to hind lhe c,rp,~ration thereby as fully and to the same exten~ as if such h{}nds were signed by the President. sealed with 'h~ ~.,rp,~r;tte seal {~f the corporali~m and duly ;triested hy its secrt.lary hereby ratifying and confirming all thai the said Hh.rney in fact may do in the prt'mtses ]'h ~ power ,fall, ~rney is granted pursuant Io the foil,wing rcs-lution adopted hy the Board of l)irectors of said Company at a 'nechng duly calh.d and held on the ISth day ,fMay. 197:L whWh resolulion is still in effect: "RES()I.VEI). that the Presidpnl and any Vice President -- eh, ctive ,r appmntivc -- of EMPI.()YERS INSURANCE OE WA(1SAU A Mutual ('ompanv he. and that each of them hereby is. auth,rized to execute powers of attorney qualifving ~hc au,rnc~ named in the giv~.n p,wer ,f attorney Io execute ,n'twhalf,f EMPIX)YERS INSURAN('E OF WAtISAU A Mutual ('ompanv b,nds undertakings and all contracts ofsurt. tyship: and that any secretary or assistant secretary And thai each or any -f them hereby is. authorized to attes1 the vxecuti,n of any such power of attorney, and to attach ~her,.t, the seal ,f EMPI.()YERS [NSURANf'E ()F WAI~SAt* A Mutual ('ompany." 'FlIRTHER RES()I.VEI). that thesignatures,f such ,ffict.rs and thv seal of EMPI.OYERS INSURANCE OFWAUSAU .X Mutual ('.rapany may be affixed ~o any such p,wer of att,rney .r t, any certificah, relating thereto bv facsimile, and ~n>' such tmwer of attorney or certificah, bearing such f;wsimi le signatures and facsimile seal shall be valid and binding up.n t hv EMIq .( )YERS INSt:RAN('E ( )F' WAUSAt' A Mutual ('{m~pany when s{} affixed and in the future with respect h~ any h{~nd. undertaking or c, ntraet of suretyship to which it is att;whed." N %VITNESS WItERE()F EMPI.( )YERS INSI~RAN('E ()F WAITSAU A Mutual Company has caused these presents to he ~igned by the vice presidenl and attested by i~ ~sismnt sccret~, and ils corporate seal to ~ hereto affixed lhis 1ST day of ..__ J~UARY . 19 99 (~) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company J. S[ephen Ryan Vice Presidem STATE OF WI~f'ON5IN ) ss. t'~ ~['NTY OF MARATHON I On [his 1ST day or 2ANUARY . ]9 99 . ~fore me ~onally came J. Step~n Ryan , [o me known, who ~ing by me duly sworn, did depose ~d say that he is a vice p~sidenl of the EMPLOYERS INSURANCE OF WAUSAU A Mutu~Company, [he cobra[ion descried in and which execuled the a~ve insl~mem: thai he knows lhe ~al of said coloration; lha[ the seal affixed m said ins[rument is such co~ora~e seal ~d thai il was so affixed by order of the Bo~d of Directors of said coloration ~d ~hat he sig~d his name thereto by like order. ~N %~ I I Nt N% ~HI R} ()F, ha~c hereunlo ~et m% hand and altixcd m~ oHic~al ~cai lhc da,, and year herein first above writlen, ~<TATE ( ~F' WIS( '( )NSI N I'VI'Y ()F WAtrSAI: > s.~ ~'. ~t'N'I'Y ()F' MARATtl()N > Patrich A. Herdina NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION EXPIRES MAY 19, 2002 CERTIFICATE Notary Public thv undersigned. assmt;tnt secretary. ,f EMPI.()YERS INSI. IRAN('E ()F WAr'SAlT A Mutual ('ompany. a Wisconsln .,rl,-ratmn d,, hereby certify that the f{,rt'g.ing and :~ttacht.d p,w,.r of attorney WHICH MUST CONTAIN A VAI.I I)ATIN(; ~TATEMENT PRINTEl) IN THE MARGIN THEREOF IN RED INK. remains in full force and has h,.,.n rvv,,ked: and furl herm~,re that the resoluli,n ,fithe t{~,;~rd ofl )irt.ctm's set forth in the powerofatt,rnev is still in force. ~gn,'d and sealed in the (hty of%'ausau. Marath,m (',,untv. State of~:isc nsin, this 21SL ' September 99 ' day R ,l Bc~tcman Assistanl Secretary 1t.' Y{)[' tlAVF: .,XNY t~[IF:.,.;'I'I~NS RE(;ARI)IN(; TIlE %'AI.II)ITY ()R WOR1)ING ()F THIS POVVER ()F AT'I'( ~RNEY ('A[,I. T()I.I. FREE ¢81~ ~26-1661. iIN WIS( '(~NS[N. ('AI.I, is(}01472-(1(}.11 I.