HomeMy WebLinkAbout1997-031 Contract - LTM
DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (541) 488-5587
ENGINEERING: (541) 488-5347
C I T Y
HALL
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND, OREGON 97520-1814
FAX (541) 488-6006
NOTICE OF TRANSMITTAL
TO: Jill Turner
Barbara Christensen
Bob Nelson
DATE
PROJECT
JOB NO.
SUBJECT
03/31/97
East Main Street Improvement
95-10
Contract
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Jill Turner: Copy of Contract, Change Order, Bond & Insurance Certificate.
Barbara Christensen: Original Contract, Change Order & Bond.
Bob Nelson Copy of Contract & Original Insurance Certificates.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO: Greg Scoles
Department of Public ~ ~
Engineering Division . ':tJI
By: James H. Olson
Title: Acting Public Works Director
(c: \eng ineer\nottrans. frm
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this 24- day of N)CI~c0 , 1997, between the City of Ashland, ("City") and
L. T .M., Incorporated (" Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued
by City for the East Main Street Improvements, Project No. 95-10. 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.
2. 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:
3. 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.
4. 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 *$416,599.00 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 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.
PAGE 1-(c:engineer\project\emain2.Con)
6. 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. All 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 shall be liable and agree to and shall pay the City the amount of the excess with
damages for delay of performance, if any.
*Original bid of $445, 799.00 - Change Order No.1 = $416,599.00
CONTRACTOR
CITY OF ASHLAND
~"n /,',
1W //~?t ".-/'. /f.-.I
./Brlan Almquist
. City Administrator
"'
Coding
(for City use only)
:V17~~O FORM:
City ~ttomey
Date ~ ")..0..1'77
PAGE 2-(c:engineerlprojectlemain2.Con)
PROPOSAL
Mayor and City Council
Ashland, Oregon
The undersigned bidder declares that the bidder has examined the plans and
spe'cifications, 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 wiIl 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 aH 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 wiH have been
earned and if there be a decrease in the lump sum payment, it shaH 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 wiH furnish the bonds required by the specifications and comply
with all the lav..'s 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 perforn1 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.
Proposal
12
Bidder further agrees to pay as Jiquidated damages, for each ca]endar day
thereafter, the sum of one hundred ($100.00) for each day the project remains incomplete.
5.
through
contract documents.
The undersigned, as bidder, acknowledges that addenda numbered
have been received by the bidder and have been examined as part of the
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 Jess than prevailing
rate of wage shall be included in the contract.
Name of Bidder
LTN1 ~p(/(a-Wd
{).Q,&X 1\45
l~ tct f6v u\ I oR- Ci11S0 I
@41) ,10- ZC)(c;,O
Address
TeJephone No.
Proposal
13
"~, "-..- _ -,_..-..,.-.._~, ,_.~ .~....~." ..-->'"
EAST 1\IAIN STREET ThfPROVEMENTS
ASHLAND, OREGON
BID SCHEDULE
ITEM EST UNIT
NO. ITEM UNITS QTY PRICE AMI
(figures)
511 D7?/" "
1 Site Work LS 1 07, 07b
2 Excavation and Subgrade LS 1 '" 1.1 f{JXJ'
~11 fttXJ
Preparation V,
3 Aggregate Base Ton 950 1.fl/ tq,~
4 Asphalt Concrete Pavement Ton 1,300 1;1'" W, (C() /
5 PCC Pavement SY 42 %/ C 5'11::/
6 Curb and Gutters LF 2,474 1/ /1, 3i 6"
1--1-'" v
7 Sidewalk SY 1,135 2-0470
8 Wheelchair Ramps SY 71 15/ 1/2-7g'
9 Driveway Approaches SY 185 2-f'" {fA u-for
T, 7 t
10 PVC (8") Irrigation Pipe LF 468 fB'" 6, <rbf/
11 PVC (8 ") Pipe LF 24 IB/ q,B z:
PVC (12") Pipe '&7/ ~117' v
12 LF 111
7&/ .....
13 PVC (15 ") Pipe LF 288 !0%8
14 PVC (18 ") Pipe LF 88 ?;f;/ ~ )Lff
15 RCP (12") Class V LF 112 tfib/ ~ ?1fc/
16 RCP (24") Class III LF 407 631" V, S7l'-
1Lfl" ~1, (/(JZ ./
17 RCP (30") CJass III LF 393
1Lf1/ 12,1t..6 ,..
18 GCSAP (57"x38") LF 495
19 GCSAP (35"x24") LF 94 JIG'" /0. ~(Or
20 RCBC with Retaining \Vall LS 1 ~7JOOOr '21 roo'
and Handrail I
21 Manholes (48" Dia.) Ea. 4 '2r Lfvo /' <1/:;fxl
22 ManhoJe (72" Dia.) Ea. 2 ?/ 500 / 1, DOOr
tfrtoor V-
23 Manl10le (96" Dia. CMP) Ea. 2 5(l(ro
Proposal
14
EAST l\:1AIN STREET IMPROVEMENTS
ASHLAATJ), OREGON
BID SCHEDULE
ITEM EST UNIT
NO. ITEM UNITS QTY PRlCE AMT
(figures)
24 Manhole Adjustment' Ea. 2 ~&b/ li,6tJ /
25 Curb Inlet Ea. 10 15t/" 1, qn r-
26 Area Drain Ea. 4 tito r' 2, tcD /
27 Type M-O Inlet Ea. 1 {,?Co/ l/5VO/
28 Paved End Slope Ea. 1 10f-- lCO/
21/ tp2 /'
29 Riprap Ton 16
30 Cold P]ane Pavement Removal SF 3,120 1/ ?1'ZOr
31 Geotextile Fabric SY 7,250 (' 7 '21:;;(/
"
/ 1- WOr'
32 Painted Pavement Markings LS 1 rt/1...00
,
150 / ,50....
33 Guard Rail LS 1
W5,rfi V
BID TOTAL
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
Proposal
15
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 X or is not _ a resident bidder as defined in O.R.S. 279.029.
L 1 V'1) 11A(lj) ( p0't crt~ vt
Firm Name of Bidder
\j( u P(t~ldJfL+
Official Title
O(~son
State of Incorporation,
if incorporated
6 (--:!QD3
C.C.B. Number
Dated this ~01^- day of ~hVla r~
19 01
Proposal
16
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER No.1
Project:
East Main Street Improvement
Date:
March 5, 1997
Location:
Railroad to W alker Avenue
Project:
95-10
Contractor: L. T .M., Inc.
You are requested to perform the following described work upon receipt of an approved copy
of this document or as directed by the Engineer:
Item Description Quantity Unit Price Amount
No.
20 Delete - "RCBC with Retaining Wall Lump $27,000.00 $27,000.00
& Handrail" Sum
32 Delete - "Painted Pavement Lump $2,200.00 $2,200.00
Markings" Sum
Total this Change Order
$29,200.00
Previous Change Orders
-0-
Revised Contract total
$416,599.00
The time provided for completion of this contract is unchan~ed. This document shall become
an amendment to the Contract and all provisions of the contract will apply.
Recommended by:
AJi, ->--- ~
Approved by:
Accepted by:
Contractor/.
LIM. Incorpora~ ~/
P.o. Box 1145 (_ /
Medford. OR 97501
Sr. Vice President
Date
(c: lengineer\contractlemain2ch. ord)
PEWORMANCEAND PAYMrnNT BOND
The undersigned L TM Incorporated
, as prlnc:ipal, further referred to in "this bond as Contractor, and EMPLOYERS INSURANCE OF WAUSAU
A Mutual Company. as surety, further referred to in this bond as Surety, are jointly and
severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the
sum of Four Hundred Sixteen Thousand Five Dollars ($416,599.00 ).
Hundred Nlnety Nlne and no/lOOths---
Contractor and City have entered into a wrincn contract dated March 10. 1997
for the following project: East Main Street Improvement
. This contract is funher referred to in this bond as the Contract and is
incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the time prescribed by the
Contract, and promptly makes payment to an claimants, as dermed in ORS
279.526 through 279.542, then this obligation is null and void; otherwise it shall
remain in full force and effect.
2. _ If Contractor is declared by City to be in dcfauJt under the Contract, the Surety
shan promptly remedy the defauJt, perfonn aII of Contractor's obligations under
the Contract in accordance with its tenns 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.
4'. This obligation jointly and severally binds Contractor and Surety and their
respective heirs, executors. administrators. successors.
5. Surery waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond nwnber and the name, address. and telephone number of me agent
authorized to receive notices concerning this bond are as folJows:
Bond Number 2350 73 049847
Bond Agent Sedqwi ck James of Oreqon, Inc.
Address 823 Alder Creek Drive
Medford, Oregon 97504-8900
Telephone 541-773-6658
SIGNED this 11th day of March . 199L.
Attest:
By
WITNESS:
(Corporate Seal)
,_Ti~e ~NIOot.- \I,u. C-:Pu \c::f.~-r
OF WAUSAU
WITNESS:
Surety
(Corporate Seal)
.ByJ..JJ- ~~ ~
Dee Banta
Title Attorney-in-Fact
2000 Westwood Drive
Legal AddrcssWausau, WI 54401-7881
Attest:~~~~~
Corporatc Secre .
~()n: [F Y<H! HAVE ANY (HJESTIONS REGARDING THE VALIDITY OR WOR[)[NG OF THIS POWER OF
ATTOR~EY, CALL TOLL FREE (HOO) H2o-lool. (IN WISCONSIN, CALL (HOD) 472,004 J).
~~(l~
Patricia A. Kleman
NOTARY PUBLIC
STATE OF WISCONSIN
STATE OF WISCOI\SIN ) MY COMMISSION EXPIRES MAY 24 1998
CITYOFWAITSAlI )ss. '
C(W~TY OF MARATHON I CERTIFICATE
I. thp undl'rsiJ,:'nt'd, assistant sl'crptary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin
corporation, do hprphy cprtify that the foreJ,:'oinJ,:' and attachpd powpr of attornpy. WHICH MUST CONTAIN A
V ALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN REI> INK. rpmains in full forcp and has
not hppn tI'vokpd: and furthl'rmorp that the resolution ofthp Hoard of Directors set forth in the powP~pf attornpy is still in forcp,
SiJ,:'npd and spaled in the City ofWausau. Marathon County. State of Wisconsin. this 1/1b- day
"f_ ~ .19q~ AdAL
I~lf-c;~ol':."'" .~ I ,
\~~SE'AL !/ R. J. Besteman / ./
~'" ,1
'-~~...""
Assistant Secretary
/i~;~~;:;~:::-;;~\
\';~;,~.;~~;~;~~~~J
Notary Public
STATE OF WISCONSIN )
) ss,
COUNTY OF MARATHON)
On this 1ST day of JANUARY . I9-.2L. before me personally came
J, Stephen Ryan . to me known, who being by me duly sworn, did depose
and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
1'- W 11''- FSS W H F R FOF, I have hereunto set my hand and affixed mv official seal the day and year herein first above written,
Vice President
AU", A. d 4b IS.""".""
R, J, Blsteman/ Assistant Secretary
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
!--:dd ~--
~'::.--;~:~;~:~
,'! (0.'0"4'( 't\
1 ~ -. - :. \
\,~EAL,.;.i
,-~"......'"
By
day of
signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this
JANUARY . 19~,
1ST
its trup and lawful attorney-in-fact, with full power and authority hereby conferred in its name. place and stpad, to execute,
~l'al. acknowledJ,:'e and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN
OH!.I(~ATIOI\S IN THE I\ATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE
CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS
-
($10" 000,000) . ~ '. .
ano to nind tlie corporatIOn then.by as fully and to the same extent as lfsuch bonds were sIgned hy the President. sealed wlth
thl' corporalt' ~t'al of the corporation and duly attested by ils secretary ht'teby ratifying and confirming aJl that the said
attornt'y-in-fact may do in the premises.
This powpr of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
mppting duly callpd and held on the 1 Hth day of May, I ~n:!. which resolution is still in effect:
"RESOLVED, that the President and any Vice President - plective or appointive - of EMPLOYERS INSURANCE OF
W A CSA IT A Mutual Company be, and that each of them hereby is. authorized to executp powers of attorney qualifying
tht' attorney named in thp givpn power of attorney to pxecute on behalf of EMPLOYERS INSURANCE OF W AUSAU A
Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary be,
and that pach or any of them hprphy is, authorized to attest the execution of any such power of attornpy. and to attach
th('rt'to the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company."
"FURTH ER RESOLVED, that the signaturps of such officers and the seal of EMPLOYERS INSURANCE OF W AUSAU
A Mutual Compan~' may bp affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
an~' such ;)f)Wl'r of attorney or certificate hearinJ,:' such facsimile siJ,:'natures and facsimile seal shall be valid and binding
upon thl' EMPLOYERS INSl'RANCE OF W AUSAU A Mutual Company when so affixed and in the future with respect
to any bond, undprtakinJ,:' or contract of suretyship to which it is attached,"
[N WITN ESS WII EREOF, EMPLOYERS INSURANCE OF W AUSAU A Mutual Company has caused these presents to be
K:'oJOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under
thp Jaws of the State of Wisconsin. and having its principal office in the City of Wausau, County of Marathon, State of
Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint
DEE BANTA, LINDA SHAnDON
No. 223-250- 00352
EMPI.Or'ERS INSURANCE OF WAUSAlJ A Mutual Company
POWER OF ATTORNEY
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