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HomeMy WebLinkAbout1995-065 Contract - Burl Brim CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ~.t/k day of June, 1995, between the City of Ashland, ("City") and ~ Brim Excavation, 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 Granite Street Sanitary Sewer Construction, Project No. 95-01. Contract was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the termn of this contract, the contract documents def'med 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. payments will be made at the times and in the manner provided in the contract documents. All 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 $43,631.60 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 f'mai 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. PAGE 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 shah 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 aH 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, shah be deducted from any money due or which shah become due the Contractor. In case the expense so incurred by the City shah be less than the sum which would have been payable under the contract if it had been completed by the Contractor, then the Contractor shah 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 shah 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 BY: Its: BY: Its: ~ian Almqulst ~// City Administrator REVIE?/E" AS~TO ~ONTENT: Department Head '/Date Coding (for City use only) Date PAGE 2-(¢:~n~r\coatractXbdm~ra~.Ooc) 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, 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 the work will be performed under a lump sum or unit price basis and that for the 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 quantifies 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 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 lump sum payment, it shall be made only as a result of negotiation between the undersigned and the owner. 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. 2. 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. 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. Tile undersigned submits the unit prices set forth as those at which the biddcr 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. 4. The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and tt~at the bidder will complete the work within the number of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by tile owner. 12 Bidder further agrees to pay as liquidated damages, for each calendar day thereafter, the sum of one hundred ($100.00) for each day the project remains incomplete. 5. 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. 6. The undersigned, as bidder, acknowledges that provisions of Oregon Revised Statute (O.R.S.) 279.350 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract. Name of Bidder Address BURL BRIM EXCAVATION, 534 CROWSON ROAD INC. Telephone No. Ag~T,ANB, ~R 975?0 (503) 488-1095 BID SCHEDULE ITEM ESTIMATE UNIT NO. ITEM UNITS PRICE (figures) 1 8" Sanitary Se~¥~r,. ~r,z,...,. ~.~.~.._ 1,009 LF $ 20.40/LF 2 klanhole for O 4 3/4" minus Crushed Rock, for ,SJurrv, Backfill, for AMOUNT $ 20,583.60 6 Ea $ 1,550.00/EA $ 9,300.00 432 LF $ 16.50/LF $ 7,128.00 600 CY $ 10.50/CY $ 6,300.00 8 CY $ 40.00/CY $ 320.00 BID TOTAL $43.631.60 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION t'roposal 13 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 ca.se of discrepancy, the amounts shown in words ~,511 govern. Upon receipt of ,~a-itten notice of the acceptance of this bid, Bidder shall execute the formal contract attached vdthin 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 properly 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 XX or is not a resident bidder as defined in O.R.S. 279.029. BURL BRIM EXCAVATION, INC. Firm Name of Bidder Signatu~o~idde~ PRESIDENT Official Title OREGON State of Incorporation, if incorporated 83871 C.C.B. Number Dated this 19TH day of MAY 19 95 Proposal 14