HomeMy WebLinkAbout1995-057 Contract - FowlerCITY OF
ASHLAND ~ : CITY HALL
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
NOTICE OF TRANSMITTAL
TO: Jill Turner
Barbara Christensen
DATE 06/02/95
PROJECT WTP Sanitary Sewer
JOB NO. 95-01A
SUBJECT Contract
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Jill: Copy of Contract and requisition for Project No. 95-01A
Barbara: Original Contract for filing (bonding requirement has been waived)
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
(c: \ eng in ecr~no~'ans. frm)
Department of Public Wo~
Engineering Division
By: James H. Olson
Title: Assistant City Engin~r
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this day of
("City") and JAMES W. FOWLER
0
,1995, between the City of Ashland,
("Contractor").
City and Contractor a~ee:
Contract Documents: This contract is made as a result of an Advertisement for
Bid issued by City for the Water Treatment Plant Sanitary Sewer Construction,
Project No. 95-01A. 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 der'meal in the Advertisement for Bid and Contractor's bid,
this contract shall Lake 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:
o
Price and Pawnent: City shall pay Contractor amounts earned under the
contract. All pa3anents will be made at the times and in the manner provided in
the contract documents.
Bond: Contractor shall, within[days after execution of the contract and
. work uv,~~ontract, furnish bond to the City of Ashland
prior to doing any
in a form and with a s~k~_a~isfactory to City in the penal sum of
$51,591.00 ~1~ 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 tinge
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
agait~st the Contractor unsatisfied for a period of forty-eight (48) hom~, 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.
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 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 llabIe and agree to and shall pay the City the amount of the
excess with damages for delay of performance, if any.
CONTRACTOR
CITY OF ASHLAND
BY:
Its:
BY:
Its:
resmdent
'Brian Almquist
City Administrator
REVIE~,yED AS TO] CONTENT:
uepartment Head Date qg~q~/~
Coding
(for City use only)
REVIF~VF, D AS TO FORM:
City~A~ornqy ~.~
Date .5 ['~,[q5
(c:',cn,ginccrkonlract\&raniLqs.fu~ )
7
PROPOSAL
Mayor and City Council
Ashland, Oregon
The undersigned bidder declares that the bidder ha~ examine4 the pbns and spec~cations,
has vL4texl the sire, and rn~de such investigation as Ls necessary to dctw'qTnine.the character of the
mazer~lq and the conditions to be encountered Lu the work and that if this Pzoposal is accepted, the
bidder will contract with the City of Ashlands Oregon for .th_e c. onsUmc.~ Qf the prglxt.~g(]
improvement in a form of contract contained in the bid doerinherits, will provide the necessary
equipment, materials, tools, apparatus, and labor, in accordance with the plans and specifications on
file at the Ci~ En~n~.ring O~ce, Ashland, Oregon, trader the foilowing conditions:
1. It is understood that all the work will be performed under a lump sum or unit price
basis and that for the Iump 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 furnL~b~d
for the said lump sq~m or unit price named. It is understood that the quantifies smte:d in connection
with the price schedule for the contract are al:rproximate only and payment shall be made at the unit
price~ framed for the actual quantifies incorporated in the completed work. If there shall be an
increase in the amount of work covered by the lamp sum price, it shall be computed on a basks 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. Furthermorel. it is understood that any estimate with respect to time, materials,
equipment, or service which' may appear on the phns.or in the specifications is for the sale purpose
of assisting the undersigned in checkSng the undersigned's own independent calculations and that at
no time shall the undersigned attempt to hold the owner, the En~,~meer, or any other person, firm or
corporation responsible for any errors cr~ omissions that may appear in any estimate..
2. The undersigned will furnLqh the bonds required by the spec~o~ and comply with
all the laws of the federal government, Stat~ of Oregon, and Ci~ of Ashland which are pea--fi.u~t
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 und .e~_'gned 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 pro-pose of facilitating comFaz~n of bids and if
there are any discr~=pancies between the unit prices and the totals shown, the unit prices sh~11
4. The undersi~aed a~ees that the "Time of Completion" shall be as defined in the
specSficatiorks and that the bidder will complete the work within the number of consecutive calendar
days stated for each schedule after "NotSee to Proceed"-ha~ been issued by the owner. ' '-
Bidder further agrees to pay as lkluidated d,~mages, for each c.~lencl~r day thereafter,
the sum of one hundred ($100.00) for each day the project remains incomplete.
5. The tmdersi~ed, as bidder, acknowledges ~h_~_t addenda numbered NONE
through have been received by the bidder and have been examined as part of tile .
contract documents.
6. The under~gned, as bidder, acknowledges that provisions of Oregon-~ Statute
(O.R_S.) 279.350 relating to workers on public works to be paid not less than prevailing rate of
wage shMl be included in the contract.
Name of Bidder
Address
JAMES W. FOWLER CO.
12775 WESTVIEW DR
DALLAS OR 97338
Tellhone No.
503-623-5373
BID SCB'EBU!3*-
NO. ITEM UNITS PRICE
(figures).
1 6" P.v.c. Sanitary sewer, for 4,109 LF
dollars
2 Manhole for 1 Ea
dollars
3 4" D. I. San.~.tary Sewer, for 94 LF
dollars
4 Bridge Crossing, for Lump Sum
dollars
5 Clean-out, for 23 Ea
6 ROCK EXCAVATION
BID TOTAL
DEPARTMENT OF PUBLIC WORKS
ENG~G DIVISION
$ 10.50
$2,100.00
$ 24.00
$'~';400.00
$ 117.00
CY $ 117.00
$
43,144.50
$ 2,100.00
$2,256.00'
$1,400.00
$2,691.00'
.CONTINGENCY-
$51,591.50
Proposal
2
~00[~ }13q,~O-:[ '.P, $:31(¥F ++~ (I.~i3. O}{D}ISd_'<] '0'$ ilg69 9Z8 £0<~,~., Lr1:60
The City resen'es the fight to reject any and all bids, waive formalities, or accept any
bid which appears to ~n,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 ldnds
called for. Unit pfices ~re to be shown in both words and figures. In case of discrepancy,
the amounts shown in words will govern.
Upon receipt of ,~aStten 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 addition-~l
expense to the Owner cau.~:l thereby.
The bidder is x or is not__ a resident bidder as defined in O.R.S. 279.029.
games W. Fowler Co.
Firm Name of Bidder
SJ~of Bidder
President
Official Title
__ Oregon
State of Incorporation,
if incorporated
63701
C.C.B. Number
Dated this 22nd d,9.y Of May
___ 19 q5
Proposal 3