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HomeMy WebLinkAbout1995-006 Contract - SO UndergroundJanuary 6, 1995 Barbara Christianson, Pat Caldwell, Bob Nelson .lames H. Olson, Assistant City Engineer ~ ~ CONTRACT FOR N. MAIN WATER LINE CONSTRUCTION PROJECT #94--04 The following documents are attached for your use: Barbara: The original contract and performance and payment bond for filing. Bob: The original insurance certificate including endorsement. Pat: One copy of the contract and ~ ~ts. Please complete the pmOx~ order and send me the proper copies. (c: \cng inc~cr\contracl\nmainprj.mem) CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ff---o-t~ day of ,_..JO,,t~e,o/-o] , 1995, between the City of Ashland ("City") and Southen Oregon Underground, Irr~.. CContractor"). City and Contractor ag.-ee: Contract Documents: This contract is made as result of an Advertisement for Bid issued by City for the North Main Street Water Main. 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. Price and 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 this contract, furnish bond to the city of Ashland in a form and with a surety satisfactory to City in the penal sum of $422,392.00 conditioned upon the faithful performance of this contract upon the part of the Contractor. 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 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 PAGE manner. 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 the 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 receive 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, then 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. CITY OF ASHLAND / - Brian Almquist,.~ity Administrator REVIEWED AS T0~O~ITENT: ~ Stcvc Hall Date Coding (for city use only) By Paul Nolte Date {/~/~g"- PAGE 2 -(c: mgi~e~rXcontract. Sou) PROPOSAL Mayor and 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 the 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 and 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; It is understood that all the work will be performed under a unit price basis and that for the 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 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 incorpdrated in the completed work. 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. o The undersigned will furnish the bonds required by the specifications and comply with all the laws of the federal government, State of Oregon, and 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. o All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of 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. The undersigned agrees that the "Time of Completion" shall be as defined in {he specifications and that the bidder will complete the work within the nulnber of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder further agrees to pay as liquidated damages, for each calendar day thereafter, the sum of one hundred dollars ($100.00) for each day the project remains incomplete. Proposal 6 o The undersigned, as bidder, acknowledges that addenda numbered through have been received by the bidder and have been examined as part of the contract documents. The undersigned, as bidder, acknowledges that provision~ of Oregon Revised Statute ORS 279.350 relating to workers on public works being paid not less than prevailing rate of wage shall be included in the contract. Name of Bidde~_0_~._Tit[RN 0REG0t~ UNDERGR0IJNIJ, Address 0,O, 1~oTf ~ 7&~ Telephone No. oh,' e C; -yj Of-, Proposal 7 Bid Item A-1 A-2 A-3 A-4 Description Bid Schedule - Schedule A - North Main Street Water Main 12" Push-on Joint Ductile Iron (D.I.) Pipe for the unit price of dollars. 12" Mechanical Joint (MJ) D.I. Pipe w/Retainers for the unit price of dollars. 12" Butterfly VaNe for the unit price of dollars. 8" MJ Gate Valve w/Plug for the unit price of dollars. A-5 12" MJ Plug for the unit price of A-6 A-7 dollars. 12" MJ Retainer Gland for the unit price of dollars. 12" x 6" MJ Fire Hydrant Tee for the unit price of dollars. A-8 12" MJ Tee for the unit price of A-9 A-10 A-11 Est. Unit Price Unit Quant (Figures) Item Amount LF 6,094 LF 774 $ EA 12 $ ,~00. ~ $ q6OO EA 4 $ l0'7-~ $ L~oO EA 104 $ I(50 , [O./t'(O© EA 22 $ 3°0 $ (o ~, ©O dollars. 12" x 8" MJ Tee for the unit price of dollars. 12" x 8" MJ Cross for the unit price of EA 2 $ { O00 $ c-~-©O., dollars. EA 12" MJ 11¼° Elbow for the unit price of dollars. EA 2 6 $ I©oo $ Total for page Proposal 8 Bid Item A-12 A-13 A-14 A-15 Description Unit 12" MJ 22½° Elbow for the unit price of dollars. EA 12" MJ 45° Elbow for the unit price of dollars. EA 12" MJ 90° Elbow for the unit price of dollars. EA Fire Hydrant Assembly for the unit price of dollars. Est. Quant EA 22 $ Total for Page Total for PreGous Page Total for Schedule A - North Main Street Water Main Unit Price (Figures) ,3¥0 t 00 . ~ Ooo Item Amount Proposal 9 Bid Item B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-9 B-10 Bid Schedule - Schedule B - Ashland Street Water Main Description 20" Push-on Joint Ductile Iron (D.I.) Pipe not under pavement for the unit price of dollars. 20" Mechanical Joint (MJ) D.I. Pipe w/Retainers not under pavement for the unit price of dollars. 20" Push-on Joint Ductile Iron (D.I.) Pipe under pavement for the unit price of dollars. 20" Mechanical Joint (M J) D.I. Pipe w/Retainers under pavement for the unit price of dollars. 20" MJ Retainer Gland for the unit price of dollars. 20" MJ Butterfly Valve for the unit price of dollars. 8" MJ Gate Valve w/Plug for the unit price of dollars. 20" MJ 11%0 Elbmv for the unit price of dollars. 20" MJ 221/2° Elboxv for the unit price of dollars. 20" MJ 45° Elbow for the unit price of dollars. Est. Unit Price Unit Quant (Figures) Item Amom~t LF 126 $ ,~t5 ~5'~- LF 432 , & O, LF 470 * EA 26 $ L~00- EA 3 $ ,_99 O0 0. $ 000 EA 5 $ EA 1 $ c~000 EA 1 $ c~OOO EA 4 $ Total for Page Proposal 10 Bid Item B-11 B-12 B-13 B-14 B-15 B-16 Est. Unit Price Description Unit Quant (Figures) 20" x 6" MJ Tee for the unit price of dollars. EA 4 $ I,~-OO 20" x 8" MJ Tee for the unit price of dollars. EA 3 20" x 8" MJ Cross for the unit price of dollars. EA 1 $ ~ O O0, Fire Hydrant Assembly for the unit price of dollars. EA 4 $ ~00b 2" Air / Vacuum Relief Valve for the unit price of dollars. EA 2 $ ~. -5 ~O . Materials to be provided to the City for connecting to the existing 20" pipeline for the unit price of LS 1 * [ r{ ~_~ 0 dollars. Total for Page Total for Previous Page Total for Schedule B - Ashland Street Water Main Item Amount (oOO0 c~ObO ©o0 $18o, A Total for Schedule A - North Main Street Water Main B Total for Schedule B - Ashland Street Water Main Proposal 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 ORS 279.029. ~l]TR~lq ~)~EGON UNDERGROUII.D, l~t~, Firm Name of Bidder g~ture of Official Title State of It'r6orporation, if incorporated Dated this C.C.B. Number Proposal 12 PERFORMANCH AND PAYMENT BOND The Rlldc~glled Southern Oregon. Un .dg_rground, Inc. _. ss ~ principal, further refexred to in the'bond ~ Conwac~or, and Developers InsUrance CoTg2~nV . _ as Surety, furtIaer referred m in this bond as Surety, are jointly and severally.bound unto City of Ashland, as : obligee, further referred to inthis.bond ~ City, inchesurn of $422,392 aria no/100'$--- ~ Dollam Contractor and City have entexed into a wdttrm coatmet dam/ _~ / De, l 9, o) ~ , for th~ following project: NotT~ Main Street and Ashland Street Wa~er Mains . This contract is furthex r~ferred to in th/s bond as "the Contract' and is incorporamd haw this bond by this reference. The cond/tiorm of thi.~ bond are: If Contractor fai~fully'performs the Contract within the time pre~=~=d by the Cantract, and promptly makes payment m all claimants, as defined in ORS 279.526 through 279.542, then this obligation is null and void; otherw/se k shall remain in full force and effect. If Contractor is declared by City to be in default under th~ Contract,' the Surety. shall prorrrptly remedy th~ default, perform all of Contracwr's obligations under th~ Contract in accordan~ 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 respex:five heirs, executors, administrators, successors. Surety waives notice of modification of the Contract or extension of the Conwact time. 6. Nonpayment of the bond premium shall not invalidam this bond. Bond N,_,mb~' · Bofid Ag:nt Address The bond number zad th= name., address, ~md telephone number of the agent auth 'or/~ to tee:ire hofius .mncer~g ~his bond ~ 181003P Sedgwick Jam~s of Oregon, ~nc. 250 Church St. SE, POBox 31,'Salem, OR 97308 Tel,phone SIGNED the 15031 364-9779 31st day. Of Dec/~m/~.r -, 1994' iCorponur C~l~ Southern Oregon Under,round, Inc. POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P O BOX 19725. iRVINE, CA 92713 · (714) 263-3300 NO 152192 KNOW ALL MEN BY THESE PRESENTS. that. except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally but ~otlomtly. hereby make constitute and appoint ***RICHARD W. KOWALSKI*** the true andl~,wfulAttorney(s)-In-Fact. tomake. execute dehverand acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship m ]e urnpunt not exceeding Two Million Five Hundred Thousand Dollars ($2.500~000) in any single undertaking; giving and granting unto said Attorney(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 Attorney(s)-In-Fact. pursuant to these presents, are hereby ratified and confirmed. The authority anc powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depos,tory bonds. mortgage deficiency bonds. mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds. self-insurer's bonds, fidelity bonds or bail bonds. This Power pt Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24 1986: RESOLVED. that the Chairman of the Board. the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the :~ttorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary o? the corporation be. and each of them hereby ~s. authorized to attest the execution of any such Power of Attorney; RESOLVED FJRTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, andanysuch Power of Attorney or certificate bearing such facsimile s~gnatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of su-etyshlp to which ~t ~s attached iN WITNESS WHEREOF INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by theirrespec- tive Presidents aud attested by their respective Secretaries th~s 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA I/ PrEsident ' Jr t 8y Walter Crowell Secretary DEVELOPERS INSURANCE COMPANY By Dan~iepFr~sVii~eCne~qt,, Jr. -- ATTES1 Walter Crowell Secretary STATE OF CALIFORNIA ) I SS. COUNTY OF ORANGE ) OnAprd ! 1993 before me. TiresaTaafua personallyappe~tred DanteF Vincenti. Jr and Walter Crowell. personally known to me (or provided to me on the basis of satisfactory evidence) io be tile personIs) whose name(s) is/are subscr,bed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac~tyhes~ ~no tr'at by his/her/their signatureIs) on the ~nstrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hsnd and off,cial seal. Signature -- ,~/~'~,~'~ TIRESA TAAFUA I~,?"~'~..~,.~'~ NOTARY PUBLIC - CALIFORNIA ~,~ &'~' ORANGE COUNTY '~,,,~ My Commissio~ Exp. A~g. 4, 1995 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeteeeeee~ CERTIFICATE The upders~9 ~ed, as Senior V~ce President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby ;erhfy that the, foregoing and attached Power of Attorney remuins ir~ full force and has not beer~ revoked; and furthermore. that the provisions of the resolutions of the respective bOoorals of D;r,~ctors of said corporations set fr~rth in the Power of Attorney. are in force as of the date of this Certificate. ] hls Cert¢;c~in? s executed in the City' of hvine Californ,a. this 31stday of D~O,~[h~,~' 4 , 199 . INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By ~ L C. Fieb,ger ~//~.o~,~x~ L.C. Fiebiger Semor Vice President Senior Vice President ~D-310 RE~.r