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HomeMy WebLinkAbout1995-101 Contract - Copeland PavingCITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 telephone (code 503) 482-3211 NOTICE F TRANSMITT~ TO: Jill Turner Barbara Christensen Bob Nelson DATE PROJECT JOB NO. SUBJECT 08/04/95 Oak Knoll Parking Lot 94-19 Contract Documents THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Jill Tuner: Barbara: Bob Nelson: Copy of contract, bond and original requisition for purchase order. Original contract and performance bond for filing Original insurance certificate; copy of contract. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Steve Hall Everett Swain Department of Public Works Engineering Division By: James H. Olson Title: Assistant City Engineer CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ~ day of ~ ,1995, between the City of Ashland, ("City") and Cop,land Paving, I~. C~ontractor"). City and Contractor agree: Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Oak Knoll Golf Course Parkln~ Lot Improvements, ~ H, Project No. 94-19. 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. Scone: 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 $26,865.00 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 f'mal 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. 5.3 From any other cause whatsoever, shall not carry on the work in an acceptable manner. 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, shall he 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: Its: BY: Department H~d Date Coding (for City use o~y) REV~W~ TO FORM: City A~t~orpey Date 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 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 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 behveen 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 checldng 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, Slate 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. 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. 4. The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that 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 the 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 rote of wage shall be included in the contract. Proposal 13 BID SCHEDULE ITEM ESTIMATE UNIT NO. ITEM UNITS PRICE AMOUNT (figures) 1 Site Work-Mobilization Lump Sum $ $ Three thousand one hundred dollars 3,100.00 3,100. O( 2 Excavation and Sub-grade Prep Lump Sum $ $ Two thousand nine hundred fu~uf~$ 2,950.00 2,950.(X 3 Haul Over-mn Granite off Site 50 CY !$ $ Two do] ]~r~ g fl ftv cents dollars 2.50 125.01 ~" minus Crushed Rock 120 CY $ $ '~w,=nl-.y dollars 2O. 00 2,40o.0, 5 A.C. Paving, Class 'B', for 280 TONS $ $ 9'h~ r~v-~ven dollars 37.0C 10,360.0 6 Concrete Extruded Curb 840 LF $ $ Three dollars 3.0C 2,520.0 7 Storm Sewer - 12" PVC (D3034) 100 LF $ $ lX4elve dollars & fifty cen~lars 12.50 1,250.0 8 Standard Catch Basins I EA $ $ Five hundred dollars 500. O( 500.0 9 4" Conduit for litigation 210 LF $ $ Five dollars 5.0O 1,050.0 10 Install City supplied Street Light 3 EA $ $ One doll ars 100.0C 30o. 0 11 Utility Trench (for Electric Conduit) 380 LF $ $ ThrEe doll~r~ & fifty c~nt~ollars 3.5C 1,330.0 12 Parking Lot Str/ping Lump Sum $ $ Two hundred seventy five dollars 275.0C 275.0 13 Golf Cart Path Lump Sum $ $ Seven hundred five dollars 705.0C 705.0 BID TOTAL $ 26,865.0 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Proposal 14 CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 telephone (code 503) 482-3211 NOTICE OF TRANSMITTAL TO: Jill Turner Barbara Christensen Bob Nelson DATE PROJECT JOB NO. SUBJECT 08/04/95 Oak Knoll Parking Lot 94-19 Contract Documents THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Jill Tuner: Barbara: Bob Nelson: Copy of contract, bond and original requisition for purchase order. Original contract and performance bond for filing Original insurance certificate; copy of contract. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Steve Hall Everett Swain Department of Public Works A ~ Engineering Division ~X .4//~/ By: James H. Olson '~C ('/ Title: Assistant City Engineer CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ~ day of -~ _ ,1995, between the City of Ashland, ("City") and Copeland Paving, Ihd:. ("(~ontractor"). City and Contractor agree: Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Oak Knoll Golf Course Parking Lot Improvements, lraase H, Project No. 94-19. 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. Scooe: 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 shah pay Contractor amounts earned under the contract. AH 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 $26,865.00 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 (48) 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 manner. 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. Ail 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 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 BY: Its: BY: Its: CITY OF ASHLAND City Admin~, REVIEWED AS T~O CONTENT: Department }lead Date 7/~ ~/¢ Coding (for City use only) REV~!~Wi~___~ TO FORM: BY ~/f'--~ City A~t~orpey,...- Date ~ {'~{~' _~ 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 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 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. The undersigned submits the unit prices set forth as those at which the bidder wilt 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 that 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 the 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 Re~Ssed 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. Proposal 13 BID SCHEDULE ITEM ESTIlVIATE UNIT NO. ITEM UNITS PRICE AMOUNT (figures) 1 Site Work-Mobilization Lump Sum $ $ Three thousand one hundreddollars 3,100.00 3,100.0C 2 Excavation and Sub-grade Prep Lump Sum $ $ Two thousand nine hundred ~o[~s 2,950.00 2,950.0( 3 Haul Over-run Granite off Site 50 CY $ $ mue~ dnll ~r~ ~; f~i ltv cents dollars 2.50 125.0( ~" minus Crushed Rock 120 CY $ $ m~nev dollars 20. O0 2,400. O( 5 A.C. Paving, Class 'B', for 280 TONS $ $ ~Ph ~ rtv-~ven doHars 37.00 10,360.01 6 Concrete Extruded Curb 840 LF $ $ Three dollars 3. O0 2,520. O' 7 Storm Sewer - 12" PVC (I)3034) 100 LF $ $ Twelve dollars & fifty cen~Iars 12.50 1,250.0~ 8 Standard Catch Basins 1 EA $ $ Five hundred dollars 500.00 5OO.0~ 9 4" Conduit for Irrigation 210 LF $ $ Five dollars 5. O0 1,050. O, 10 Install City supplied Street Light 3 EA $ $ one dollars 100.00 300.0 11 Utility Trench (for Electric Conduit) 380 LF $ $ Three r~ol]~rs & f~fev ~nt~ollars 3.50 1,330.0 12 Parking Lot Striping Lump Sum $ $ Two hundred seventy five dollars 275.00 275.0 13 Golf Cart Path Lump Sum $ $ Seven hundred five dollars 705.0C 705.0 BID TOTAL $ 26,865.0 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Proposal 14 The City reserves the fight 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 pr/ce 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 O.R.S. 279.029. COPELAND PAVING, INC. Firm Name of Bidder^ Signature of Bidder VICE PRESIDENT Official Title ORECK)N State of Incorporation, if incorporated 16480 C.C.B. Number Dated this 13TH day of JULY 19 95 Name of Bidder Address COPELAND PAVING, INC. STEVEN L. AUSLAND PO BOX 608 G~Ju~'±'~ FA~S, OR 97526 Telephone No. 503-476-4441 FAX 479-4881 Proposal 15 .l' ~UL 2,:I ~g5 02:1gPM COPEL~ND EhlTEF~PRISES P.2/3 P~RFORMANCE AND PAYlVI~NT BOND /'he und~rdgnexi COPELAND PAVING~ INC. · as principal, further ~ferred to in this bond ~s CoAtmetor, and FIDELITY AND DEPOSIT COMPANY F MARY ; as surety, fucthnt referred to in this bond ~ Surety, arc jointly and sewrally bound unw City of Ashland, as oblige, further ~¢fcrzexi to in this bond as City, in the sum of TWiNTY SIX THOUSAND EIGHT HUNDRED Dol~s(~26,865 O0 'L SIXTY FIVE ........................... CoMnl¢£or and Ci~ haw irate'red into a written contact dated JULY 24, 1995 forth¢ following project: OAK KNOLL PARKING " /lhi$ contract is further referred to in this bond as [he Contact and is incorporated into this bond by this rffcreace. The conditions of this bond axe: If Contractor faithfully performs the Contact within the time prescribexl by the Contract, and pxomptly makes payment to all claimants, as defined in ORS 279,526 through 279.542, then this obligation is null and void; otherwise it shall remain in full force and effect. If Contractor is declared by City m be in default under the Contract, the Surely shall promptly remedy the default, perform all of Contractor's obligations under the Contract in accordance wM~ ils [e£1115 ti.lid condition~ and pay to City all damages that are due under the Contract, 3. This bond is sub. icct to claims under ORS 279.526 ~rough 279.542. This obligation jointly and ~verally binds Conuactor and Surety ~nd their respective heirs, executors, administrators, ~ucce4soa. Surety waiv~ notice of modifiemfion of the Contract ot eatcnsion of the Contact time. 6, No~payment of the bond premium ~a]l not invalidat~ this bond. SUL Z4 'g5 ~:i~PM COPE-LAND EFFFERPRISES P.3/3 The bond number ~nd the name, address, and telephone number o$ the allent authofizad to receive notices concerning this bond are as follows: Bond lq'umber 30587688 Bond Agent John L. Fralich, Hart Insurance Agency 10900 N E 4TH STREET BELLEVUE, WASHINGTON 98004 T~ephone 206-455-4507 SlGNED this 24TH day of JULY (¢on~o~ Seal) (Corparam Se,al) Surel~sFIDELITY AND DEPOSIT COMPANY OF MARYLAND By ~----~.~ , ..~ John L. Fralich · T ,ORNEY ^CT Lcg~Addrm~. 10900 N E 4TH STREET,BELLEVUE, WA 98004 Attest', Corpora~ $~mtary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE~ BALTIMORE MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vicc-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set lorth on the reverse side hereof and arc hereby certified to be in full fbrce and effect on the date hereof, does hereby nominate, constitute and appoim John L. Fralich, Harry T. Mackin, Dudee L. Rembert and Janet M. Murphy, all of Grants Pass, Ore on EACH... ~l'ul agent and Attorney-in Fact, to make. execute, seat and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ........................................... ~cution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md.. in their own proper persons. The said Assistant Secretary does hereby certil}v that the extract sel forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Sea] of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ......... _2__8, th_ .................. day of ..... S e p__t._e m ~_e__r_ ....... A,D. 19_94 ~ FIDELITY AND DEPOSIT COMPANY OF MARYLAN ATTES~ . By ................................................... Assistant Sec~tary ~~-t----'~ STATE OF MAR~ LAND COUNTY OF BALTIMORE i SS: On this._2__8th~ ____day ol___ ~e.p__t_emb_c__r_ , A.D. 19~--~ , before the subscriber, a Notary Public of' the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of thc Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to thc said instrumem by the authority and direction of thc said Corporation. 1N TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. My Commission Expires .............. &u_g_u_s_t L _ J_ _9_9_ _6 ...... CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of thc FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of thc FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsinfile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made hereto fibre or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with thc same forcc and efikct as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this Z4th___ day of __~U].,y ................... 19 ................. 114:8,-180-8590