HomeMy WebLinkAbout1997-055 Contract - Robert Lyon
DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (541) 488-5587
ENGINEERING: (541) 488-5347
CITY
HAL L
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND, OREGON 97520-1814
FAX (541) 488-6006
NOTICE OF TRANSMITTAL
TO: Barbara Christensen, City Recorder
Jill Turner
Mike Biondi
DATE
PROJECT
JOB NO.
SUBJECT
06/16/97
Airport Water Line
95-18
Contract
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Barbara: Original Contract and performance bond for filing.
Jill: Copy of Contract and performance bond.
Mike: Copy of Contract and performance bond (Requisition No. 0610 to Robert Lyon
Construction) .
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO: Greg Scoles
Jim Olson
Department of Public wory;
Engineering Division
By: James H. Olson
Title: Assistant City Enginee
(c: \engineer\nottTans. frm
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this 1/# day of June, 1997, between the City of Ashland, ("City") and Robert
Lyon Construction Company, Inc. ("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 Airport Water Main Construction Project No. 95-18. 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 $77,568.83 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.
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.
7. Prevailin2 Wa2e 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 first progress payment or 60 days from the date work first begins on the Contract,
whichever comes first. The fee is payable to the Bureau of Labor & 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 O.R.S. 279.348 through
279.365 pertaining to prevailing wage rates.
BY:
Its:
,(/1/6 fia'C7
CITY OF ASHLAND
~~~),ct;
/~---:i.lmquist
. City Administrator
CONTRACTOR
:~ T() FORM:
City ~ttprnlY
Date lO \ lS ti7
BY
DeQ
Co i
(for City use only)
./
"
,
BY:
Its:
REVIEWED A
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 detennine 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 ~quipment, 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 Jump 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
shaH 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
shaH 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 fornls 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 unh 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.
Page 1 of Proposal
12
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.
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.
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 less than prevailing
rate of wage shall be included in the contract.
...
Page 2 of Proposal
13
BID SCHEDULE
ITEM ESTIMA TE UNIT
NO. ITEM UNITS PRICE AMOUNT
(figures)
1 lO-inch Tyton Joint Ductile Iron Pipe 130 LF $ $
(Class A backfill) '3 ~.t'O
/j/,;zrl dollars 3~C()..~
2 lO-inch Restrained Joint Ductile Iron 350 LF $ $ ~
Pipe (Class A backfill) . 1 liP'/J. (JC:'1 3~~
IMrll d II I r .5,.-5: OQ
--/H,(lrl ';.<-"(./ 7,"';/1r~> HI!D 0 ars
3 8-inch Restrained Joint Ductile Iron 170 LF $ $
Pipe (Class A backfill) ~~.O~ t{760. t;JO
--; ;..n:....rr'f €"/CA-r' dollars
4 8-inch Restrained Joint Ductile Iron 755 LF $ $
Pipe (Class B backfill) J. Cf ", lJ ~/I 8'i ~ 00
---;-/..U €~-rI 11, .vi: dollars
5 I8-inch Bore Under Runway 12/30 95 LF $ $
nAJt::. HcI.H>U;> /1,VO dollars /D". Of) ~b90.aJ
6 8-inch Bore Under Runway 12/30 95 LF $ $
'F'r-;' dollars o/t) . Of) 3g(>>.~
7 Creek Crossing Lump Sum $ $
,..- ;/.Jp j)jl ~ [) dollars 4~'~ lif7 00. (70
rvr:r't }JiJ~
8 lO-inch MJ 450 Elbow 9> (]bJ~ 4 Ea $ $
o#Jil.!/.I;.;;>RcJ> -;U:~Y ru6-lff ~ ~ 1J.f ~ 5iJ./,()I)
.-1I.Vt ,J .,. 'I ~ f
9 10" X 8 MJ Reducerr.-.c; Ct.!J...h. ,S 1 Ea $ $
()J2.. J",JJn.J. TH-Ir/y AJI~R. 11111"- dollars 1'39 :1. 3 /39.;23
10 lO-inch MJ Gate Valve 1 Ea $ $
h v~ d.h..~r J. ~ G6Hr'l dollars Sgo. ~.P 5"89'00
11 8-inch MJ Gate Valve 5 Ea $3 ., 00 $
'THU[:;Jj,'tJ~flli~ ,},JD Firr'!' dollars .~.O" -:;'; 1,'5b.~
12 8' h MJ 450 Elb ~,,'<.;.j.'f~, Y 4 Ea $ $
-lDC ow ft1Ji> CUJH,
(jAJI(:. !J..".nu..t> fS,6-4r~ dollars n'.~ 1f75d1
13 MJ 8" X 8" X 8" Tee S-vwl-'( I4I;L 4 Ea $ $
('u<J f~ It, I~ 1_S"
QlU'l. J.i.,.y.i).<.Lj) $. ~j..{ (H..J "- /Ju~ dollars b L(J, 00
14 MJ 8" X 8" X 6" Tee frWi7 I.J I ..; f. Y '~fi 1 Ea $171. 91 $
CtA).} :7
OfJL J1".vDUP :Xvu.Vl-j ~1;U;r:.. dollars /7793
15 8-inch MJ 900 Elbow ~D Wi.urv 4-.1. .e. 1 Ea $ /'1]. ,~ $/i1713
OWE:: -k4fJa.'D :;:;rrr su<.J dollars ,
~
,
14
8-inch MJ 221h 0 Elbow PrtJ 0 Ft Pr..1C - I $ 4 Ea
o~ ~ ~1I~~U1> ',w<..JTI dollars
8-inch 111A 0 Elbow 2 Ea
0JJ1!:. ,~oIJ~#i)-rwi.,.),Ji '~rUldollars
6-inch MJ Gate Valve /JrAYD 1.)1111'1[1'1'('&,., 1 Ea
\lJt .v~~ A-iJD ~u dollars
16
17
18
19
dollars
20
2-inch Air Release Assembly
I w I../v"- !-tv.'" TJi1..?-v dollars
Asphaltic Pavement Patch ftdi> -rw~J;; *.
~;,r.h,...J UC'II~}l$ dollars
21
22
Clearing and Grubbing
~1>UD
dollars
23
Trench Foundation
cr/)J.d /J 11-
dollars
24
Saw-cutting Asphalt wi) ~N ~~$
(')1J't.. '1)"II.'\-1\....- dollars
BID TOTAL
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
'bID
Page 4 of Proposal
1 Ea
1 Ea
175 SY
Lump Sum
100CY
1,050 LF $
.-/~1-{
$\~,5()
$
1).3.00
$ ;). i-{ oEF
$
~~OD
$
.,' b. Q!J.
$
11/.1-'
$
~ J.c;o . .~
$
I ~ . 0(1
,,1/
$
1"8). .00
$
j'lt..oo
$
)t/o.?~
$
DO. 00
$
co,. (I"
$
filYO.-g-
$
$
/j.Oo'.oo
$
,795st)
s7'" ~b79
_77 C-L,7 58
'J j' --
/7;. 5~&83
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 tin1e above set forth as liquidated damages for the delay and additional expense to the
Owner caused thereby.
The bidder is y_ or is not
a resident bidder as defined in O.R.S. 279.029.
Kc:3I{R'I Ly",.) (!C'~...-r Co :1-toJf..
Firm Name of Bidder
Si
JIcL. {>t-<s / 5L~
Official Title I
(>/)./1 ~
State of Incorporation,
if incorporated
nRq( \ ?_
C.C.B. Number
Dated this
J.
day of /1/1/1-Y
19 91
Name of Bidder 7oori.r L YON (!C1J~r eel .AtJG.
Address P CJ 70 k' CJ7
I .
Page 5 of Proposal
'~lr"t:. ;::;fI1> 0- ~
L 5"'(1 )
Telephone No. h'b'" 5',.- C/:J9 If
97>c-'Z-
16
../~
'BOND# S-500 9566
'PREMIUM: $1,939.00
PERFORMANCE AND PAYMENT BOND
The undersigned ROBERT LYON CONSTRUCTION CO., INC. . ,
. as pfincipa], further referred to in this bond as Contractor, andWASHIN!:11:0N INTERNATIONAL
..lNSURAI'{CE COMPANY, as surety, further referred to in this bond as Surcty, are jOintly :and
sevcratly bound unto City of Ashland, as obligee, further referred to in this bond as City, in
the swn of SEVENTY- SEVEN THOUSAND FIVE HUNDRED Dollars ($ 77 ,568.83 ).
SIXTY-EIGHT DOLLARS AND EIGHTY-THREE CENTS.
Contractor and City have entered into a written contract dated
. for the foUowing project: AIRPORT WATER MAIN CONSTRUCTION PROJECT NO. 95-18
. . 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:
1. ' If Contractor faithfully perfonns the Contract within the time prescribed by the
,Contract, and promptly makes payment to all claimants. as defined in O~S
;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 default under the Contract, the
:Surety shall promptly remedy the default, perfonn all of Contractor's
obligations under the Contract in accordance with its tenns ~nd conditions and
pay to City an damages that are due under the Contract. '
3. This bond is subject to claims under ORS 279.526 through 279.542.
4. This obJigation jointly and severally binds Contractor and Surety and their
respective heirs, executors, administrators, successors.
5. ~urety waives notice of modification of the Contract or extension of the
Contract time.
6. Nonpayment of the bond premium shall not invalidate this b<?nd.
7. The bond number and the name. address, and telephone number of the agent
authorized to receive notices concerning this bond are as fonows: .
Bond Number, S-500 9566
Bond Agent CULBERTSON INSURANCE SERVICES, INC.
Address '5500 E. SANTA ANA CANYON ROAD. SUITE 20]
ANAHEIM, CA 92807
Telephone
-.i714) 921-0530
SIGNED this 9TH day of
WITNESS:
WITNESS:
JUNE
. 1992,.
(CoJ:porate Sea.))
(Corporate Seal)
CONSTRUCTION CO., INC.
BUTTE FALLS, OR
97522
Surety WASHINGTON INTERNATIONAL INSURANCE COMPANY
BY~~.:
DAVID L. CULBERTSON
Title--.ATTORNEY-IN-FACT
Legal Address 3~O/YARK BLV3~' STE. 500, ITASCA, 11
/ >:/ / /___ 60173-2625
. '""'c/
Attest: < /// . /. . ..
/ COfP9r<<te Secretary
/
//
CALIFORNIA ALL-PUBPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
6-09-97
before me,
KAREN CHANDLER - NOTARY PUBLIC
personally appeared DAVID L. CULBERTSON personally
known to me to be the person whose name is subscribed to the
wi thin instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the
person acted, executed the instrument.
~ hand and official seal.
(!~
ignature of Notary Public ~
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE/PAYMENT BOND
TITLE OR TYPE OF DOC:TJHENT
NUMBER OF PAGES
2
DATE OF DOCUMENT
6-09-97
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 PARTNER(S)
0 OTHER:
o CORPORATE OFFICER
TITLE(S)
~ ATTORNEY-IN-FACT 0 TRUSTEE(S)
SIGNER IS REPRESENTING: WASHINGTON INTERNATIONAL INSURANCE COMPANY
NAME OF PERSON(S) OR ENTIT:(S)
WASHINGTON INTERNA TIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws
of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint
KAREN CHANDLER, RICHARD A. COON, DA VID L. CULBERTSON, LINDA L. CULBERTSON, CHARLES L. FLAKE
DIANA LASKOWSKI AND LEXIE SHERWOOD EACH IN THEIR SEPARA TE CAPACITY
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule,
regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its
President and its principal office.
This Power of Attorney shall be limited in amount to $3,500,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21, 1986 which read, in part, as follows:
1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and
authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized
to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any
time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him.
The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate
seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power
of Attorn, ~ ,"r:..,-(' ~.: - oJ ~. undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall
be valid '.' ~. ~,.,.,. . ,i . ::'!~,..... Company.
" I. ,.
...,,-. .,~/, ~ ... . . . ". ....1,.,;:;..../"" .I~'.,I'
IN TESTIMONY ~HEREbF, the W'ii~~"QWn International Insurance Company has caused this instrument to be signed and its corporate seal to be
affixed by its a~.ptize9.p~er7,~,.:f~tff.ff~ of May, 1 97.
\~;~F;~;;~:~:?:~J
STATE OF ILLINOIS)
COUNTY OF COOK)
On this 19th day of May, 1997, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said
instrument is the Corporate Seal of said Company;
IN TESTIMONY WHEREOF, I have hereunto set my
~~~~~~,..~~"';~$
- ,"OFFICIAL Sb\L"
MICHELLE HOI/./UHON
Notary Pubiic, State of Illinois Mi
My Commission Expires ,')9:07199 M
~~~.i-~,..~--;"-(.;7~
2.
ATIONAl INSURANCE COMPANY
year first above wiitten.
CERTIFICA
STATE OF ILLINOIS)
COUNTY OF COOK)
I, the undersigned, Vice-President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5
of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force.
Signed and sealed in the County of Cook. Dated the 9TH day of JUNE , 1 9 B-.
~~ident