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HomeMy WebLinkAbout1995-032 Contract - SO UndergrounCITY 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 Bob Nelson, Risk Management Mike Biondi, Purchasing Agent DATE PROJECT JOB NO. SUBJECT 03/13/95 Strawberry/Westwood Water Line 94-12 Contract Documents THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Jill Turner: Barbara C.: Bob Nelson: Mike Biondi: Copy of Contract & Bond from Southern Oregon Underground, Inc., for your information. Original Contract & Bond from Southern Oregon Underground, Inc., for filing. Original Insurance Certification & Project Specifications. Requisition No. 9105 ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: (c :\eng inecr\nottrans. frm) Steve Hall Dennis Barnts Department of Public W~~ Engineering Division By: James H. Olson Title: Assistant City Engineer CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this /~' day of ~rc ~7 , 1995, between the City of Ashland, ("City") and Southern Oregon Underground, 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 Strawberry Lane - Westwood Street Sewer and Water Line Construction, Project No. 94-12. 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 $164,066.00 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 acceptable manner. 19 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 C~OF~m.AND OREGON UN~RGROUND, 11~. B~an Almquist /~ City Administra~ REVIE~VED AS TO CONTENT: Oepa.ment Head Date -/~-/'~ Coding (for City use only) REV V ED 3S TO n¥ City bqtt/orne3y Date 2O PROPOSAL Mayor and City Council Ashland, Oregon The undersigned bidder declares that the bidder has examined the plals and specifications, has visited the site, and made such investigati6n as is necessary to determine the character of the materi~s and the conditions to be encountered in'the'work and that if this Proposal is accepted, tl:e 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 tile work will be performed under a lump sum or unit price basis and that for tt:e 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 payn~cnt shall be made at tile unit prices nanled 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 lun]p sum payment, it shall be made only as a rest~It of negotiation between the undersigned and the owner. Furthermore, it is understood ttlat any estimate with respect to tithe, materials, equipment, or service which may appear on tile 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 tile undersigned attempt to hold the owner, tl~e Engi~eer, or any other person, firm or corporation responsible fc, r any errors or omissions that nnay appear in any estimate. 2. Tl~e undersigned will furnish tile bonds required by tile specifications and comply with all tile laws of ttne federal government, State of Oregon, and City of Ashland which are pertinent to construction contracts of this nature even tlnough such laws or municipal ordin.:nces may not have been quoted or referred to in these specifications. 3. All itcins for the contract for which £orms are provided in the bid documents have been completed in full by ttne s13owing of a lump sum price or prices for each and every item and by the showing col other information indicated by the proposal form. The undersigned submits the unit prices set forth as those at which tim bidder will perform the work involved. The extensions in the column headed "Total" are made up for tile 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. Tile undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will conapIcrc tl~e work within the number of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the o~vner. 12 Bidder /'ur&er agrees to pay as liquidated damages, for each calendar day thereafter, the sum of one hundred dollars'($100.00) for each day the project rein;tins incomplete. 5. The undersigned, as bidder, ac -knowledges that addenda 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 ttlat provisipn.s of Oregon Revised Statute (O.R.S.) 279.350 relating to workers on public works to be paid"n'ot less than prevailing rate of wage shall be included in the contract. Name of Bidder ^ddress Telephone No. Proposal 13 CITY OF ASHLAND ITEM NO. Fi-EM 1 Site work 2 Install 10" D.I. Water Line 3 Install 10" 900 Bend 4 Install 10" 450 5 Install 10" 22 ~h° Bend 6 Install 10" I1 !40 Bend 7 Install 10" Gate Valve 8 Install Fire Hydrant Assembly 9 hastall 6" Stub-out Assembly 10 Install 2" Air Release Valve Assembly 11 Install 8" P.V.C. Sanitary Sewer Line 12 Install 48" Man!,~ole - Complete 13 Install 4" P.V.C. Sewer Lateral Line 14 Y4" -0" Crushed Rock 15 12" P.V.C. Culvert 16 Watering (1,000 Units) TOTAL SCHEDULE BID SCHEDULE ESTIMATE UNITS Lump Sum 2,906 LF 1 EA: 4 EA 6 EA 2 EA 1 EA 6 EA 3 EA 1 EA 1,580 LF 6 EA 169 LF 3,300 CY 90 LF 5 Units DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION UNIT PRICE 5 ~ ~COf° /LS "~, ~' ./LF &'~., 'Oo . _ ~ 00,~/EA ~ ~.r~EA e -~ /Unit AMOUNT $ a), 'oO,:v /OCO. Proposal 14 The City reserves uhe right to ]'eject any and all bids, waive formalities, or accept any bid which appears to se~'e 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 b6fiS~ as required. The bid security attached in the sun't of five percent of the total price for the bid or combination of bids is to becorne 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. :A~j~H£RN ~R-EGON UNDERGROUN_D_, [~. Firm Name of Bidder 4~n~a[ure of Bidde~/ Official Title State of 15~corporation, if incorporated day of C.C.B. Number ]Proposal 15 Bond No. 186466P PERFORMANCE AND PA~ BOND The nnder~gned Southern Oregon UndO, Inc, · ~ pi~ndpa~ further ref~ie~ to in this bond as Conh-ac~r, and Dev~tomers Trim,rance Q:~:~. . ~s sur~, further .referred to in t~ bond ~s Surety, an: jointly and. · ~'5:'~" "' .'severally bound unto ~ty of Axhland, as obllg~-~, further rezfem-ed to in this bond as City, in the '~.~f:~'..~{ m~m of One Hundred Sixty Four Thousand DoUbts ~ 164,066.00 )o ~'~.[.¥;.::. for the follov~g projecu Strawberry Lahe/Westwrx%d Ser~=~ ~=~=r & waterline cc~Jtruction 'i~?roject No. 9~-.1.Z Ttds conwac~ is fur~er refen~d to in ~fi~ bond ~s the Contm~ mad ~s :::'" incorpora~d iuto rifts bond by Rfis r~ferenc~ ~.:.7~.~?..-'~ .' ' :., Lif Contractor faithfully performs the Contract within the time p~xz~'n'bed by the ~:'" .... Contract, and promptly makes payment to all claimants, as deemed in ORS 'i i':.':" -" ' 279,526 through 279,542, then this obligation is nui1 and:void; othm'wiseit slaaI1 '" re, main in full force and effect. .. 2. If Contractoz' is declared by City to be in default' nO.:tier the Contract, the.Surety shall promlofty. remedy the default, perform all of C6nlractor's obligations under the Contract in accordance w~th ~ts terms mad eondifiohs and ~oay to City ail damages that are due under the Contract 3. This bond is subject to claims under ORS 279.526 'through 279.542. T/~s obligation joinfly and. scvmm~y binds Contractor 'and Surety and their zespecfive heirs, executors, administrators, successors. '6. Surety waives notice of modification of the Contract or extension of the Contract Norrpayment of the bond premium shall not invalidate this bond. 7. The bond n,m-nbcr and the name, address, and telephone number of'tim agent authorized to receive notices conam'ting titis bond are as follows: 186466P- Sedgwic~ James of Oregon, Inc. 111 S.W. Columbia Portland, Oregon (503) 248-6400 10th day of 97201-5897 (Coxpox'ate Seal) Mnrch Southern Ore.on U~der~ur~, ~nc. - 97503 Surety D~.velopers Insurance Cor~anv "S'tacy A.,~lynn ,/. Title Attorney'-'in'Fact P.O. Box 19725 L~i Address Irvine, CA 927] u/ Corporate gecreta~~ Lisa S. Y~-~da--Johnson POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 · (714) 263-3300 NO 204941 KNOW A L MEN B'r THESE PRESENTS that. except as expresslylimited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but nct?intly, herebymake cooshtute and appoint ***JOHN D. MILLER, STACY A. FLYNN, CYNTHIA A. COMBS, JOINTLY OR SEVERALLY*** the trse a-,c :3,~,~ ,i &t*~onney,s~-In Fact In ma~:e execute dehvr~r arid acknowledge, for and on behalf of each off said corporations as sureties. bonds, undertakings and Contracts suretystop ~r n: ~r'~our',* not exceeding Two Million F,ve q,~r~dred Thousand Dollars (S2 500 000~ i:: any s,ngle undertaking; giving and granting unto said Attor'~ey(s'~-In-Facl full powerdnda~t":'t. to do and to perform eve') act qecessary ~equ,slte or proper to be done it, con~-:ecbon therewith as each of said corporations could do. but reserving to each cf said c,::rp( nat en~ f,;11 power o* SL bstitubon ar,d revocat,ar; arid at[ C the acts of said Attorne~ s) in-Fact pursuant to these presents. are hereby ratified and confirmed ;heauthor~t¥ and powers conferred bythis Power of Attorney do nol extend to any of the following bonds undertakings or contracts of suretyship: Bap~ depository bonds mortgage deficiency bonds mortgage guarantee bonds, guarantees~fmsta~mentpaper.noteguaranteebonds,bonds~nfinancia~;nshtuti~ns`iease hOnd~ h,s..r~' .:- '7omp~ny q. at,%ing bonds qplf- nsdrer'~ ~o~'d~ fidel~t~ ~3,3pd~ or bail bonds COMPAN~ OF C~L, IFORNIA a,~,: DEVELOPERS INSURANCE COMPANY, ef~ect,',e a~ ::f ~s:e?2*- .~4 RESL., ,E ; a t'(,EnarF-a: )¢n,e~c, Jl'.J t~}egrescle;~':3 der'. ¥~Ce D*eqd~q'.bf:hecerc,)rAt,q ~e ar:dthateac:~,.g, fthemhereb'/¢s authorizedtcexecuteP,:"~er~,ofctlr'rne¢ :;J&hffntg tFe:~F ''%'5 ~aF:edi; the ~owe'5'2~ AtTe~r,e:,:oe~e,t~:e o: L~er'affoft~'~corpora/;or h,)nds ~mo¢-rtaklngs and contracts of suretyship zootract o¢ s.,'e;',sr p to whic~ ~ ~ attached N ¢*i?NE5~ '~ :E;,~ ~NDEBN~f~ cOMPANY ~F CALIFORNIA an~ DEVELOPERS INSURANCE COMPANY have severally caused these p~esents t~ be sig~d ~`~ ,ne,r respe,: trve Prosnee:. : ;' ¢: ~tte~ted b? the.~ respectr. e Sectstar es th,s 1st day' of Apr~l. !993 iNDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Dar~epFr;~,,~teC~e~,l. Jr/ v ,r;si'deCnetti, Jr./ By By _ Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) } SS. COUNTY OF ORANGE On Aprri I. 1993, before me. Ti~esa Taafua. personally appeared Dante F Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on the basis of satisfactory evidence] to be the person{s) whose name(st ,s'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{iesL And that by his 'her/~heir signature(s) on the instrument the person(s). or the enbty upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal CERTIFICATE TIRESA TAAFUA NOTARY PUBLIC- CALIFORNIA :::::::::::::::::::::::::::::: The undersigned, as Sen,or Vice P*esident of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power }f Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of sa~d corporations set forth in the Power of Attorney, 6re in force as of the date of this Certificate. ~ ~ 1'~c3_~ ~.]'1 _, 1995 This Certificate ~ executed ,n the City of Irvine, Califorma. th~s Uay of _ _ INDEMNITY COMPANY OF CALIFORNIA L.C. Fiebiger Senior Vice President ID-310REV 4/93 DEVELOPERS INSURANCE COMPANY L C Fiebiger Senior Vice President