HomeMy WebLinkAbout1995-105 Contract - North River CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this _.~ ' day of July, 1995, between the City of Ashland, ("City") and
North River Excavation Pipeline Contractor, Inc. ("Contractor").
City and Contractor agree:
{~0ntract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the Oak Street L.I.D., Project No. 93-4}8. 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 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.
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.
AH payments will be made at the times and in the manner provided in the contract
doc-meats.
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 $67,404.~0 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.
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
19
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. AH 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 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 shall be
entitled to receive the difference less any damages for delay to which the City may
be entitled. In case such expense shah exceed the sum which would have been
payable under the contract, the Contractor and the surety shall be liable and agree
to and shah pay the City the amount of the excess with damages for delay of
performance, if any.
CONTRACI'OR
CITY OF ASFILAND
City Admini~tral
REVIEWED AS TO CONTENT:
DePartment Head Daie ~//~/*-~
Coding
(for City use only)
REvk v mRM:
BY
City nt~;0y/~
Date
2O
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 sa/d 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 Jaws 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 unit price 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 MI1 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 dollars ($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 o f Bidder ~4 612:1'14 ~13Gra. ~&Oal 0rrt;~0
Address ~l-) ~'(b K.. (.oq Ct>
Telephone No. (~.~'~.'~ ~-~[~
Proposal 13
CITY OF ASHLAND
BID SCHEDULE
ITEM ESTIMATE UNIT
~o. rrm tn, ers ?raCE ^MOtr~
1 Site work Lump Sum /LS
2 Utility Trench Construction 1,642 LF /Z~,2 ~'~LF 2S.'.~qff, ,.55I
3 Street Light lnstallation 23 E^ %%.00 m^ //./?gOO
4 Tree Planting 12EA
5 Install Irrigation System Lump Sum
6 ~" Minus Crushed Rock 370 CY /o~0 .tOO /CY ~z-/~/0, O0
7 Install Catch Basin 4 EA
8 ]rnstan storm Or'An M=hole 1EA /o)t30,di3/EA 6.900 ,~0
9 LineInstall 12" PVC Storm Drain492 LF /,~, 7,..q-' /LF ~// 7/7, 00
TOTAL SCHEDULE
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
Proposal 14
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 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 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 additional expense to the Owner
caused thereby.
The bidder is ~or is not a resident bidder as defined in O.R.S. 279.029.
Firm Name of Bidder ~b vd h-txa..3-o~ q'~-"~rt e_ ·
Signature of Bidder
Official Title
State of Incorporation,
if incorporated
Dated this
day of
C.C.B. Number
Proposal 15
IERFORMANCE AND PAYMENT BOND
The undersigned N 6LT~c~(~o~ ~-~01~"~ ~l I ~q.'
~, as principal, further referred to in this bond as Contractor, and"/lV~Stt;~0~.
~1-~1~ , as surety, further referred to in this bond as Surety, are jointly and
severally,bound unto City of Ashland, as obligee, further..~eferred to in this bond as City, in the
sum ofJ/q2~) ~.tmo-'~'/~ .~:b4~R,~//.ff_.~'fbO~'.~gllars (Sb74/oq'..S'2P
Contractor and City.have entered into a written contract dated
for the following project: Oh-g- ~& K/.2). tOr.e~/e, cj~ 3/e c?~.¢~, '
This contract is further referred to in this bond as the Contract and is
incorporated into this bond by this reference.
The conditions of this bond are:
If Contractor faithfully performs the Contract within the time prescribed by the
Contract, and promptly 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 to be in default under the Contract, the Surety
shall promptly remedy the default, perform all of Contractor's obligations under
the Contract in accordance with its terms and conditions and pay to City all
damages that are due under the Contract.
3. This bond is subject to claims under ORS 279.526 through 279.542.
This obligation jointly and severally binds Contractor and Surety and their
respective heirs, executors, administrators, successors.
Surety waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
The bond number and the name, address, and telephone number of the agent
authorized to receive notices c0nceming this bond are as follows:
Bond Number
Bond Agent
Address
Telephone
Performance and Paymtmt Bond (p:ffp\bond-pay bnd) l'~
SIGNED this ~] day of
WITNESS:
(Corporate Seal)
(Corporate Seal)
Title ~fr.;S ·
~g~
Address
Attest:
Surety
By.
Title
Legal Address
Attest:
Corporate Secretary
Corporate Secretary