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HomeMy WebLinkAbout1995-123 Contract - Britton Ent CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this 1'~ day of November, 1995, between the City of Ashland, ("City") and D. Britton F_.nterprises, Inc. ("Contractor"). City and Contractor agree: (~on~ract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the 1995 Miscellaneous Concrete Construction Project No. 9~-04. 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 del'reed 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 shah 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. BonO; Contractor shaH, 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 $85,895.30 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 shah be rejected as defective or unsuitable, or shall discontinue the prosecution of the work. 5.2 If the Contractor shah 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 shah 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 violat'mg this contract, to take the prosecution of the work from the Contractor, and appropriate or use any or all of the materlal~ 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 ff 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 shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. e Prevailine Waee Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) of the price of this Contract. The fee shall be paid on or before the f'wst progress payment or 60 days from the date work fh'st begins on the Contract, whichever comes f'u~t. The fee is payable to the Bureau of Labor & Industries and shah be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street # 32 PORTLAND OR 97232 The Contractor shall fully comply with the provisions of O.R.S. 279.348 through 279.365 pertaining to prevailing wage rates. CONTRACTOR Its: BY: Its: REVIEWED AS TO FORM: BY City A/~tt~a~Y Date CITY OF ASHLAND /l~ri~n Almqu~st City Administrator REVIEW~ED AS TO ,CO]~ENT: BY ~i Department Head Coding (for City use only) 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 taws 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 to~s 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.O3) 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 prev~illng rate of wage shall be included in the contract. Proposal 13 BID SCItEDULE ITEM ESTIMATE UNIT NO. ITEM UNITS PRICE AMOUNT (figures) 1 Site Work Lump Sum $ 2 Excavation and Grade Preparation Lump Sum $ 3 9d" minus Crushed Rock 100CY $ ,=, ~-~.~-.-, c~,={(qc6 ~.r..,~ ,-,~ ~,-,+~ dollars 4 Construct Handicap Ramp 27 EA $ w,c~,- ~,~c~3 ~-~,..,~.~%~ ~,.~ dollars 5 Construct 4" Thick Concrete 12,306 SF Surfacing 6 Construct 6" Thick Concrete 25 SF Sq. Surfacing ,%'v 0ol{a~5 c.,-.3 .-.o <~,..4-s dollars 7 Remove & Replace Concrete Curb & 152 LF $ Gutter 8 Remove & Replace Concrete Curb 278 LF $ -~-~1o-~ &u~,~ c,.~ ~,~% c.,-~ r dollars 9 Retaining Wall 25 SF $ q-~,.~-,~ ao~¼c, ,.,-~. ~o ~ dollars BID TOTAL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIV1SION 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 mounts shown in words will govern. Upon receipt of written notice of the acceptance of fids 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 propem] 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 mused thereby. The bidder is X or is not .. a resident bidder as defined in O.R.S. 279.029. Firm Name of Bidder Signature of Bidder Official Title State of ]rn~corporation, if incorporated C.C.B. Number Dated this '2~.-~ day of Name of Bidder Address 1~ [ ~ ~.~ Telephone No. Proposal 15 EOND ~0,. 2'PI 36786618 PREIqI L~: $1,718.00 PF:~IFO~C~ AND PAYMI~.NT IIOND The undc. rsign~l l}. E.ittom ]F.~t~r~, l~c., ~ ~, ~ ~f~ ~ ~ ~fis ~nd ~ Cont~c~r, ~d ~Ig. Premier Insurance Co~pany , ~ a~y, f~r ~fc~ ~ in ~is ~nd as Surety, ~ jointly ~d ~ve~ly ~und ~ Ci~ of A~d, ~ ~, ~cr ~fa~ ~ in this ~nd ~ City, in ~ sum of elegy-five ~nd ul~ hun~ ~ty five do~ ~d Contractor and Ciw have entered into a written contrm:t d~te~l_ __, for the following project: 1995 Hiscellaneous Coqgrete Construction Project No. 95-04 ___. ~hi$ contra/:t is furthea' referre~d to in this bond im the Contract and is. incorporated into this bond by this reference. The conditions of this bond ar~; If Contractor faithfully performs ,he Contract within the time prescribed by the Contract, ~md promptly make~ payment to nH claimants, as defined in ORS 27/).526 through 279.542, then this obligation is null and void; othel'wi.~o it slmll remain in foil force and effect. If Contractor is d~clared by City to be in default undex the Contract, the Surety shall promptly rcme~ly 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. 'l'his bond is subject to claims under ORS 279./i26 flu'ough 279.542. This obligation jointly and st~verally binds Con.actor and Surety and their respective heirs, executors, adminlsu'ator~, svcc_esaors. Surety waive~ notice of modiFw, ation of the Contract or extension of thc Contract time. Nonpayment of the bond premium shall not invalidate thi~ bond. ?. Th© bond numl~r and the nmne, addrc~, and telephon~ numbs' of thc agent authorized to recgivc notice~ concexning this bond are aa follows: Bond b/umber TPZ 36786618 lnland Surety Bonds and Insurance Services Bond Agent Address 6816 Indiana Avenue, Suite I Riverside. CA 92506 Telephone 909-34j, 1-6466 SIGNED this .Btl~ . cl~y of November , 199~5, WITNESS: Contractor_ D. Bri£ton Enterprises, Inc. 455 Grouse Greek Road Legal Address ~Grnntg Pass. ~R b7526 _ ' co o Surly TIG Pre.er Xn~urance ~pany Titl~ ~tt~ey ~a Fact. ~ ~x 1998 ~g~ Ad~ ~ttle Gr~ekt ~ 49016 ,. Attest: Corporate SccreU~y ', t ATE OF CALIPOILqIA COUNTY OF RIV~$ID~- ()~ 11/08/95 t'E KSONALLY APPEARED before me, SS. JULIA ~. LUCIOt NOTAItY PUBLIC },rrsonally known to me (or g.-a'.':_a ~-c m: :.-- t.t'.: ~.zz~z cf : ~t!~ fac.%r7 c'Adcncc} to be the person~') whose name('~ i>/~re-subscribcd to the within instrument and acknowl- edged to me that he/~-d~q°t~y executed the same in his/ her/their authorized capacity0es), and that by his/t~"J their signature(s) on the instrument the person(e), or the entity upon behalf of which the persort~ acted, executed WITNESS my hand and official seal. This area for Official Notarial Sca/ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and COUld prever~l f'r~td~u~ent re~'ttachment of this form. CAPACITY CLAIMED BY SIGNER L_] INDW]DUAL t ~ CORPORATE OFFICER PARTNER(S) [] LIMITED [] GENERAL AT-rORNEY. IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT PERFORI'iANCE AND PAYIq]~IT BON]) TITLE ORTYPEOFDOCUMENT NUMBER OFPAGES 11/08/95 DATE OFDOCUMENT PRINCIPAL SIGNER(S) OTHERTHAN NAMEDABOVE SIGNER IS REPRESENTING: ALL-PURPOSE ACKNOWLEDGEMENT ~ {) 0 '~ ~ ~ GENERAL POVVER OF ATTORNEY GPA Know All Men by These Presents, That TIG Premier insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint MARK N. GLADDING of RIVERSIDE and State of CALIFORNIA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. GUARANTEE AGREEMENT) -- MAXIMUM PENALTY $750,000.00 OTHER CONTRACT BONDS - MAXIMIrM PENALTY $150,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 "THIS POWER OF ATTORNEY SHALL TErmINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1995" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of Section 35 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)- in-Fact to represent and act for and on behalf ofthe Company subject to the following provisions: "Section 1. Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be bindin, g upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its VICEPRESIDENT and its corporate seal to be hereto affixed this 21ST ~ OBER , A.D,, 19 94 ~/~~ PREMIER INSURANCF,~COMPANYTIG State of Michigan ~ ~... J~U~I~Y County of Calhoun ~~V On this 21~T , in the year ~994 , before me ~OND , a notary public, personally appeared J0~ H. DILLARD , personally known to me to be the person who executed the within instrument as VICE PRESIDENT on behalf of the corporation therein named and acknowledged to me thai ~orporation executed it I, the undersigned Secretary of TIG Premier Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of Section 30 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company and that said Section 30 of said bylaws has not been amended or repealed as of the date hereof; "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, :his 19 95 THIS POWER OF ATTORNEY EFFECTIVE ONLY ATTACHED TO BOND NO. TPI 367866t8 day of Secretary November 30024 C 01-94 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ADMINISTRATION: (503) 488~5587 ENGINEERING: (503) 488-5347 CITY HALL 20 E MAIN STREET ASHLAND, OREGON 97520 1814 FAX (503) 488-6006 NOTICE OF TRANSMITTAL TO: Barbara Chrlsteusen Jill Turner Bob Nelson DATE PROJECT JOB NO. SUBJECT 11/21/95 Miscellaneous Concrete Construction 95-04 Contract Documents THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Barbara Christeusen: Jill Turner: Bob Nelson: Original Contract and Perfor~nance Bond for filing. Copy of Contract, Bond and requisition for Purchase Order. Original Insurance Certificates. ENCLOSED X UNDER SEPARATE COVER X REMARKS: COPIES TO: Department of Public Works Engineering Division By: James H. Olson Title: Assistant City Engineer