HomeMy WebLinkAbout1998-159 Contract - Ledford CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this ~-.~' day of ]t/OOa",r~-~ , 1998, between the City of Ashland,
("City") and Ledford Construction Co. ("Contractor").
City and Contractor agree:
Contract Documents: This contract is made as a result of an Advertisement of Bid issued by
City for the Ashland Street Water Main Construction Project No. 98-15. Contractor 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.
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. All
payments will be made at the times and in the manner provided in the contract documents.
Bond: Contractor shall, within five days alter 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 $155,058.00 conditioned upon the faithful
performance of this contract upon the part of the Contractor.
5. 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 the 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 hours, or shall make an assignment of the
benefit of creditors.
From any other cause whatsoever, shall not carry on the work in an unacceptable
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
G:Dawn~Engineer~Project~9 8-15 Contract Document.wpd
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 contract, 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 received 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.
Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent
(0.1%) of the price of the price of this Contract. The fee shall be paid on or before the first
progress payment or 60 days from the date work first begins on the Contract, whichever
comes first. The fee is payable to Bureau of Labor and Industries and shall 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 ORS 279.348 through 279.365
pertaining to prevailing wage rates.
CONTRACTOR
Its: 'Ni'
y.VI~~.~TO FOKM:
City Attorney
Date:
CITY OE ASHLAND
Mike man
City~miJnistrator /
REVIEWED AS TO CONTENT:
Del~artment Head Date:
Coding:
(for City use only)
G:DawnkEngineerkProjectL98-15 Contract Document. wpd
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 theproject 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. Furtherraore, 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 undersignefts 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 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
Proposal 10
days stated for each schedule after "Notice to Proceed" has been issued by the Owner.
Bidder further agrees to pay as liquidated damages, for each calendar day thereafter,
the sum of one hundred dollars for each day the project remains incomplete.
documents.
The undersigned, as bidder, acknowledges that addenda numbered / through
have been received by the bidder and have been examined as part of the contract
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.
7. The undersigned bidder certifies that the bidder has not discriminated against
minority, women or emerging small business enterprises in obtaining any required subcontractors.
8. Contractor certifies that it will accept a bid or proposal from subcontractors to
perform work as described in ORS 701.005 under this Contract unless such subcontractors are
registered with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 at
the time they submit their bids or proposals to the Contractor.
Contractor shall certify that each landscape contractor, as defined in ORS 671.520(2),
performing work under this Contract holds a valid landscape contractor's license pursuant to ORS
671.560
Technical Specifications 11
ITEM
NO.
1
2
3
10
11
12
13
14
15
16
BID SCHEDULE
ASHLAND STREET WATER MAIN CONSTRUCTION
dollars
ITEM
(Unit Price dollars)
Mobilization
for
Asphalt Patching
for dollars
20" Push-On Joint Ductile Iron Water Main
for dollars
ESTIMATED QTY UNIT PRICE
UNITS (Figures)
Lump Sum LS $
sY 3is ,
LF 596 $ ~ 0
AMOUNT
oO
20" Mechanical Joint Ductile Iron Water Main
for dollars
20" MJ Retainer Gland
for dollars
20" M/Butterfly Valve
for dollars
LF 684 $ 00 $
EA 26 $ oo $
EA 3 $ ~ $
7o9o -
oo
09
8" MJ Gate Valve w/Plug
for dollars
EA 6 $ oO $
20" MJ 11¼° Elbow
for dollars
EA 1 $ 0~O $
oo
20" MJ 22½° Elbow
for dollars
EA 1 $ oo $
20" MJ 45 °Elbow
for dollars
EA 4 $ Oo $
7.5-0 -
20 X 6" MJ Tee
for dollars
20 X 8" MI Tee
for dollars
20 X 8" MJ Cross
for dollars
Firehydrant Assembly
for dollars
2" Air Relief Valve
for dollars
EA 2 $ 09 $
j,
oO
Provide to City (Do Not Install) 1 - 20" MJ 45°Elbow
1 - 18" Section 20" DIP
3 - 20" Retainer Glands
Lump Sum LS $ fro $
BID TOTAL $
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
Technical Specifications
12
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 t,," or is not
Firm Name of Bidder
resident bidder as defined in O.R.S. 279.029.
Signature of Bidder
Printed Name of Bidder
Official Title
State of Incorporation (if incorporated)
C.C.B. Number
Dated this -,.~ ~2 dayof
Name of Bidder
Address
Telephone No.
Technical Specifications
13
BOND NO. 518022P
PERFORMANCE AND PAYMENT BOND
Ledford Construction
The undersigned Company as principal, further referred to m this bond as
Contractor, and Developers Insurance C..o. mpa.n¥ .... as surety, further referred to in this
bond a3 Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to
in mis bond as City, in the sum of one hundred fifty five thousand fifty eight Dollars ($$155,058).
Contractor and City have entered into a written contract dated , for the
following project: Ashland Street Water Main Construction Project. This contract is further reI~rred
to In this bond the Contract and is incorporated into this bond by this reference.
The conditions of this bored are:
If Contractor faithfully performs the Coreract within the time prescribed by the
Contract, and promptly makes payment to all claimants, as defined in ORS 279.526
through 279.542, then ~is 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 oblisation jointly and severally binds Contractor and Surety a~d their respective
heirs, executor, administrators, successors.
Surety waives notice of modifications of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate tiffs bond.
G:lSwn~Eng~inoer'xProject',98-15 Cantr'a~'t Document.wlxt
B~ind Number
B~nd Agent
A~ldress
T~ephon¢
S ItSNED this
The bond number and the name, address, and telephone number of the agent
authorized to receive notices concerning this bond are as follows:
518022P
.Sedgwick of OregoD, inc.
111SW Columbia
Portland, OR 97201-5897
503-248-6400
9th day of
November
W~TNESS:
(Corpox~te Seal)
W?NF.,$S:
(¢orpor~e Send)
Contractor: Ledford Construct. ion/-~,ompany
Title: Pres±dent
Legal Address: PO Box 9.1.0.
LegalAddress: 111 SW Columbio
Portland, OR 97201-5897
Attest:
n/a.
Corporate Secretary
" POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.o. BoxcA 926 3. N-° 1 2 0 1 7 2
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, t999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records,
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***STACY A. FLYNN, RICHARD W. KOWALSKI, EDWARD M. THOMPSON, JANETrE L.
MCWILLIAMS, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but resewing to each of said corporations full
power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA
DEVELOPERS INSURANCE COMPANY
By~By Walter Crow
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherle L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ !~~ (X)MM. #111941~ .~
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 9th day of ~,[0vell,~,b~¥' , 199~
INDEMNITY COMPANY OF CALIFORNIA
Vice President
ID-313 REV (2/98)
DEVELOPERS INSURANCE COMPANY
w,,,,am.
Vice President
c~ o~ ^s.,^.~ ~ ~ c~¥ .^,,
-~4,~, ~.~-~'ASHLAND. OREGON 97520
NOTICE OF TRANSMITTAL
TO:
BARBARA CHRISTENSEN
JILL TURNER
KARl OLSON
DATE:
PROJECT:
JOB NO.:
SUBJECT:
DECEMBER 1, 1998
ASHLAND ST. WATER MAIN CONSTRUCTION
98-15
CONTRACT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Barbara C. - Original contract and performance bond
Jill T. - Original insurance certificate and copy of contract.
Kad O. - Requisition and copy of contract.
ENCLOSED
REMARKS:
UNDERSEPARATE COVER
COPIES TO:
Paula Brown
Dennis Barnts
Department of Public Works
Engineering Department
By: Jim Olson
Title: Engineering Services Manager
G:Dawn\Engineer\Project~98-15 Contract NOT.wpd