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HomeMy WebLinkAbout2001-047 Contract/CONT Chg Order - Ledford ConstructionCITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ~day of ~DJ~l(~ . ~ /' . between the City ofAshland, ("City") and LEDFORD CONSTRUCTION CO. ."(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 Bear Creek Trunk Sewer, Phase 4 Project No. 01-06. 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: 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 $106,953.50 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. 6. Remedies: In addition to the rights and remedies to which the City may be entitled by law for the enfomement 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 a~y damages for delay to which the City may be entitled. In case such expense shall exceed the §urn 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. 7. Prevailing Wa,qe 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. By: Its: REVIEWED AS TO FORM By: City Attorney Date: REVIEWED AS TO CONTENT: By: ;~/~ Department Head Coding: (For City use only) BEAR CREEK TRUNK SEWER, PHASE 4 PROJECT NO. 0'1-06 BID SCHEDULE ITEM ESTIMATE UNIT PRICE NO. ITEM (UNIT PRICE DOLLARS) UNITS (FIGURES) AMOUNT I Move in and final cleanup for Lump Sum Dollars 2 Temporary protection and direction of traffic for Lump Sum $ Dollars , 3 Saw cut pavement for 105 LF $ Dollars 4 Remove and replace pavement for 26 SY $ Dollars /~ /7~ - Remove and replace concrete spillway for 5 Dollars Lump Sum $ 6 Remove existing manhole and 5' of 24" SS for Dollars Lump Sum ~2~ '7~::~ ~°° 15" SS incl excavation & Class B backfill- 0' - 6' for ? Dollars 8 LF 24" SS incl excavation & Class B backfill- 0' - 6' for 8 Dollars 280 LF ~.~ 9 24" SS incl excavation & Class B backfill- 6' - 8' for 1035 LF Dollars 10 24" SS incl excavation & Class B backfill-Dollars8' - 10' for 200 LF ,~.~, 24" SS incl excavation & Class E backfill- 0' - 6' for 20 LF ~o oc~ 11 Dollars 12 24" SS incl excavation & Class E backfill- 6' - 8' for oo " Dollars 80 If ~,.~ - /~'~ .~E0 13 48" manhole for 1 EA Dollars 14 60" Manhole (w/lock-down water-tight lid) for 1 EA $ Dollars . ~ ' 15 60" Manhole construction for 6 EA $ Dollars 16' Trench stabilization (overexcavation) (if required)Dollars for 20 CY $ 17 Extra trench foundation and backfill (if required) for 10 CY ~o oo Dollars 18 Trench dams (if required) for Dollars 4 EA $ //~ o_O $ z/'D~ °°- BID TOTAL $ See Special Provision Section 1.29 ' DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Revised April 4, 2001 ADDENDUM NO. I G:~ub-wrks~ng\dept-admin\ENGINEER\PROIECTk2001\01-06 Addendum No 1 .doc 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 279.029. Firm Nam~ of Bidder State d~f Incorporation Dated this Name of Bidder Address Telephone No. ,J(' or is not__a resident Bidder as defined in O.R.S. Printed ~ame of Bidder day of Official Title CCB Number G:~pub-wrks~eng~cJept-admin~ENGINEER~,PROJECT~2001~1-06 Bear Creek Trunk Sewer Ph 4 Bid Oecument. doc PERFORMANCE & PAYMENT BOND The undersigned LEDFORD CONSTRUCTION COMPANY ............. ..~3,,~principal, further referred to in this bond as Contractor, and DEVELOPERS SURETY AND ~"~l~:6~y,Ul~'~l~ referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of QNE HUNDI~ED SIX THOUSAND NINE HUNDRED Dollars ($.__ 106,953.50 *~.* FIFTY-THREE AND 50/100 *** Contractor and City have entered into a written contract dated 04/26/01 , for the following project: BEAR CREEK TRUNK SEWER, PHASE 4 PRO3ECT NO. 01-06 . This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279.526 through 279.542, then this obligation is null and void; otherwise it shall remain in full force and effect. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279.526 through 279.542. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: 845840P Bond Agent Address: RICK KOWALSKI, ANCHOR INSURANCE & SURETY, INC. 1201SW 12TH AVE., SUITE 500 PORTLAND, OR 97205 Telephone: (503) 224-2500 SIGNED this WITNESS: (Coq~rate Seal) WITNESS: (CorpOrate Seal) 26th day of April 2001. CONTRACTOR: LEDFORD CONSTRUCTION C, QMPAj~Y Title: President Legal Address: 3616 S. Pacific I{ighway, P. O. Box 910 Medford, Oregon 97501 --- ~Corporate S~creta~y ~ SURETY: By: Title: Legal Address: DEVELOPERS SURETY AND IN~DEMNITY COMPANY VICKI NICHOLSON ATTORNE¥-T~-FAC. T FIVE CENTERPOINTE, SUITE 530 Attest: WITNESS FOR SURETY POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 · (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, but not jointly, hereby make, constilute and appoint: ***John D. Klump, Vicki Nicholson, Philip Forker, Gloria Bruning, Pamela S. Frazier, Richard W. Kowalski, jointly or severally*** as the tree and lawful Atlomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bends, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by lhe respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that thc Chairman of the Board. the President and any Vice President of the corporntion be, and that each of them hereby is. authorized to execute Powers of Al~omey. qualifying the attorney(s) named in the Powers of Altomey to execute, on hehalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations he, and each of them hereby is, authorized to al~est the execution of any such Power of AIlomey; RESOLVED, FURTHER, that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cenifi~'.ate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and in the future with respect to any bend, undertaking or contract of suretyship to which it is a~ached. tN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 80' day of Novemhar, 2000. By: David H. Rhodes, Execulive Vice Pi-esidem WaherA. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to he the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon hehalf of which Ihe persons acted, executed ~he instrument. WITNESS my hand and official seal. ~~U~E'-~ KAWATA CERTIFICATE The undersigned, as Chief Oporating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, docs hereby certify that the foregoing Power of Atlomey remains in full foree and has not been revoked, and furthermore, that lhe provisions of the resolutions of the respective Beards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Cenifieate. This Certificate is executed in the City of Irvine, California, the David G. Lane, ChiefOperaling Officer day of ID-1380 (11/00) · ACORD.CERTIFICATE OF LIABILITY INSURANCF D,o , DATE,MM,DO , o4/3O/Ol PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Anchor Insurance - Portland 1201 SW 12th Ave., Suite 500 Portland OR 97205-2030 Phone=503-224-2500 Fax=503-224-9830 INSURED Ledford Construction Co. PO Box 910 Medford OR 97501 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE ~NSURERA: Valiant Insurance Company INSURERB: Northern Insurance Co. of NY INSURER C: SAIF Cor[~oration INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE {MM/DD/YY) DATE {MM/DD/YY) LIMITS GENERAL UABIMTY EACH OCCURRENCE $ 1., 000 · 000 A X COMMERCIAL GENERAL LIABILITY CON21966945 04/20/01 04/20/02 FIRE DAMAGE (Any on® fire) $ 300·000 I CLAIMS MADE [xJ OCCUR MED EXP (A,y one person) S 10, 000 X; Blanket x~.~=~z~ COFt~ACTOU PERSONAL&ADVINJURY $ 1, 000,000 Contractual Lie/) PROTECTIVE GENERAL AGGREGATE $ 2 # 000, 000 GEN'LAGGREGATELIMITAPPLIESP~R: PRODUCTS - COMPIOP AGG $ 2, 000· 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANYAUTO CON21966529 04/20/01 04/20/02 (Eaaccident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pe~ person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 1, 000,000 B X I OCCUR ~ CLAlUSMAOE CON95581964 04/20/01 04/20/02 AGGREGATE $ 1,000,000 $ DEDUCTIBLE RETENTION $ $ EMPLOYERS' UAEILITY C 811889 10/01/00 10/01/01 E.L. EACH ACCIDENT $100,000 ELOISEASE-EAEMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500 # 000 OTHER DESCRIPTION OF OPERATIONS~,OCATION~VEHICLES/EXCLUBIONB ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Bear Creek Trunk Sewer· Phase 4, Project No. 01-06. TheCity of Ashland, its officers· employees and agents are named as additional insureds. Coverage provided is primary and the City's insurance is excess and soley for damages or losses for thwich the City is resposible. Additional Insured coverage does not apply to Workers Compensation Policy. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: -- CANCELLATION CITY OF ASHLAND 20 EAST'MAIN ST. ASHLAND OR 97520 ACORD 25-S (7197) ASHLA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL B~ ~R~'~ MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE Richard Kowalski ©ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of person or organization: The City of Ashland, it's officers, employees and agents WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of your work for that insured by or for you. Furthermore, the following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS PARAGRAPH 4. Other Insurance: 4. Other Insurance: This insurance is primary for the person or organization 'shown in the schedule, but only with respect to liability arising out of your work for that insured by or for you. Other insurance afforded to the insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other terms and conditions of this policy remain unchanged. Insured: Ledford Construction Co. Policy No: CON21966945 930008 Ed. 7-92 PQLICY NUMBER: CON21966529 COMMERCIAL AUTO CA 20 48 07 97 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGECOVERAGEFORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04/30/01 Named Insured: Ledford Construction Co. Countersigned B: y~ (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The City of Ashland, its officer, employees and agents (If no entry appears above, information required to complete this endorsement will be shown in the Declarations or above Schedule as applicable to the endorsement.) Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. CA 20 48 07 97 Copyright, Insurance Services Office, Inc. 1996 Page 1 of I VENDOR: 000540 LEDFORD CONSTRUCTION, INC P O BOX 910 MEDFORD, OR 97501 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 SHIP TO: Ashland Public Works (541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: 4/28/01 Special Inst: Req. No.: oept.: PUBLIC WORKS contact: Paula Brown Confirming? NO BLANKET PURCHASE ORDER Phase 4, Project No. 01-06- :~ Beg date: 04/28/2001~ Bid/Project No 2001-06- Change Order No. 1 for work on- 712.07 Cont. ~ 2.5% 2,673.84 SUBTOTAL 110,339.41 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 110,339.41 ASHLAND, OR 97520 E 675.08.39.00.704200 110,339.41 VENDOR COPY CiTY OF SHLAND REQUISITION No. PWI27 - FY 2001 Department Public Works/Engineering Vendor Ledford Construction Co. PO Box 910 Medford OR 97501 Account No. 675.08.39.00.704200 Date 7-May-01 Requested Delivery Date Deliver To James H. Olson Via PAULA BROWN 14-May-01 (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. No. I Construct the Bear Creek Sewer, Phase 4 $ 106,953.50 Project No. 01-06 No. 2 Change Order No. I for work on Saturday, $ 712.07 May 5, 2001 No. 3 Cont. ~ 2.5% $2,673.84 $ 110,339.41 Job No. Unit No. I hereby cerffy that the above items are necessmy for the operation / Department Head or Authorized Person Issued By Date Received By G:DeptAdmin\Engineer~Project~01-06 requisition fo~m Ledford.xls