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HomeMy WebLinkAbout1995-020 Contract - RA CookCITY OF ASHLAND CITY HALL %~, .~" ASHLAND, OREGON 97520 telephone (code 503) 482-3211 NOTICE OF TRANSMITTAL TO: Jill Turner, Director of Finance Barbara Christensen, City Recorder Mike Biondi, Purchasing Agent DATE 03/06/95 PROJECT Clearwell Modifications JOB NO. 94-18 (a) SUBJECT Contract THE FOLLO~,VING ITEMS ARE BEING SENT TO YOU: To Jilh To Barbara: To l~Iike: Copy of contract u'ith R. A. Cook, Inc. Original Contract ~vith R. A. Cook for filing. Copy of contract and purchase requisition for R. A. Cook, Inc. (Please return original and blue copy to me.) ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: (c: \cng incc r~,n~r~ns. Steve Hall Dennis BarnIs Department of Public ~ks,~ Engineering Divi sion By: James H. Olson Title: Assistant City I~,/gineer CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this 4; .~ day of February, 1995, between the City of Ashland, ("City") and R. A. Cook, Inc. ("Contractor"). City and Contractor agree: Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Clearwell and Pipe Gallery Modifications, Project No. 94- 18. Contract 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. 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. 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 $14,945.00 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 5.2 5.3 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. 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. From any other cause whatsoever, shall not carry on the work in an PAGE 8-(c:engineer\contract\clearweI.Doc) acceptable manner. o 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 contact, 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, 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. CONTRACTOR BY: ~ts: BY: ~ Its: CITY OF ASHLAND Brian Almquist ~,/ City Administrator~ REVIEWED AS TOPCONTENT: Depart'nent Head Date ~//~/_.~' Coding (for City use only) REVI~VVI~D_,~S TO_ FORM: BY Date PAGE 9-(c:engineer\contract\clearwel. Doc) C;OOK INCORPORATED Licensed - Bonded · Insured Crane Service 24 hrs. Portable Welding Fabrication Certified ('itv of Ashland, Oregon Proposal for Clearwell Modification. Prqject #94- 18 Dear Sirs. Feb. 9, 1995 Thank you tbr the opportunity to bid on your up and conting project #94-18. R. A. Cook, Inc. will supply all tools, labor, equipment and materials to complete the following: 12" piping with link seal gaskets, flanges and romac caps, 3/8" and 1/2". Plating with necessary anchor bolts. caulking, core drilling anti painting for the completion of the Clearwell Modification Project. Price: $14,945.00 By Others: Construction 1 Jlilities Removal of waste material from jobsite 3 each: 10" welded elbows 45 degree bend 3 cach: 16" ~,'!'~4 ,~ 20 ..... ~° 3 each: 16" fianged butterfly valves Nole: Disintbcting to be done bv the City of Ashland (?? a rate of$150.00 per shutdown. Please call if you have any questions. Thank you. Rick Cook R. A. Cook, Inc. 2986 Linden Lane- Central Point, Oregon 97502 (503) 664-1139. (503) 770-6194 Pgr. PERSONAL SERVICES CONTRACT CITY OF ASHLAND, ("City") 20 E.Main St. Ashland, Oregon 97520 Telephone: (503) 482-3211 FAX: (503) 488-5311 CONSULTANT: Craig A. Stone and Associates, Ltd. ("Consultant") Address: 708 Cardley Avenue Medford, OR 97501 Telephone: (503) 779-0569 FAX: (503) 779-0569 AGREEMENT DATE: February 13, 1995 BEGINNING DATE: February 13, 1995 COMPENSATION: Not to exceed $6,500 COMPLETION DATE: June 30, 1995 SERVICES TO BE PROVIDED: Provide recommendations and revised draft of current "Ashland/Jackson County Urban Growth Boundary Agreement" incorporating revised process for contract annexation. Further evaluate the planning role of the city and county within the urban growth boundary, including the use of city or county development standards and planning administration. CITY AND CONSULTANT AGREE: 1. All Costs by Consultant: Consultant shall, at its own risk and expense, pedorm 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 rep. resents, 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. 3. Corrlpletion Date: Consultant shall start perrorming the service under this contract by the date indicated above and complete the service by the completion date indicated above. 4. Compensation: On or about the first day of each month Consultant shall furnish to City statements generally describing the work performed and the time spent during the preceding month. City agrees to compensate Consultant at the rate of Eighty ($80) per hour for each hour, or part thereof, spent by him personally. Services performed by other individuals on Consultant's staff shall be billed and paid at the rate of thirty-five ($35) dollars per hour. Printed material generated by Consultant shall be paid for at the rate of two ($2) dollars per page. City shall also reimburse Consultant for any actual, out-of-pocket expenses, together with mileage at the rate of twenty-fiye ($0.25) cents per mile..,c, ity shall pay Consultant within thirty (30) days from receipt of any statement, in accoroance therewith. Consultant s total billings shall not exceed $6,500.00 for this project without the express prior approval of City. Should the contract be prematurely terminated pay ,me,~nts 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 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, Consultanrs employees, agents and others designated by Consultant to perform work or services attendant to this 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. Personal Services Contract Page I of 2 . 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 is a subject employer that will comply with ORS 656.017. 10. Ass{gnment 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 assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. CONSULTANT: Presi~;~nt, I~raig A. Stone & Associates, Ltd. Fed. D~-76-0870 CITY OF ASHLAND: Dirl~'tbr of Finance CONTENT REVIE .V~~ (City Dept. Head) Date: ,~- FORM REVIEW: ~ (CityAttorney)Date:~'"/,'~/~'~'"'" Purchase Order# '1990 Coding: (for City purposes only) Personal Services Contract Page 2 of 2