HomeMy WebLinkAbout2010-154 Contract - Ashland Construction
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CITY OF ASHLAND
PUBLIC IMPROVEMENT CONTRACT
WILL DODGE WAY RECONSTRUCTION
Project No. 2008-56
This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of
Oregon (hereinafter "City") and Ashland Construction, Inc. (Hereinafter "Contractor"). The
City's Project Manager for this Contract is John Peterson, Street SU/Jerintendent, City olAshland
Public Works Devartment.
WHEREAS, City solicited quotations from qualified concrete contractors for the removal and
construction of concrete facilities including: curbs and gutters, access ramps, sidewalks and
crosswalks located in and along Will Dodge Way being a part of the Will Dodge Way
Reconstruction Project No. 2008-56; and
WHEREAS, Contractor did on the 16 day of August, 2010, tile with City a bid to furnish
equipment, labor, material, and appurtenances for construction of said project as set forth in the
Contract Documents and agreed to accept as payment therefore the sums fully stated and set
forth in the bid; and
WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the
terms and conditions upon which the Contractor proposes to furnish said equipment, labor,
material and appurtenances and perform said work, together with the manner and time of
furnishing same; and
NOW THEREFORE, for good and valuable consideration the parties mutually covenant and
agree as follows:
1. Recitals.
This recitals set forth above are true and correct and are incorporated herein by this reference.
2. Effective Date and Duration
This contract is effective on September 7, 2010, or on the date at which every party has signed
this contract, whichever is later. The work under this contract shall, unless otherwise terminated
or extended, be completed on or before dilt,t'olfinal'comvleiiori.,20lQ or before 30 calendar days
following Contractor's receipt of the Notice to Proceed, whichever is earlier.
3. Statement of Work
The work under this contract is for Will Dodl!e Wav Concrete Construction, as is more fully
described in the Contract Documents, incorporated herein and made a part hereof by this
reference. The statement of work, including the delivery schedule for the work, is contained in
the Contract Documents. Contractor acknowledges receipt of all Contract Documents in
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existence at the date the Contract is signed and further acknowledges Contractor has read and
fully understands the Contract Documents, and understands that in signing this Agreement
contractor waives all rights to plead misunderstandings regarding the same.
Contractor shall, at its own risk and expense, perform the work described in the Contract
Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment
and services of all kinds required for, necessary for, or reasonable incidental to, performance of
the work, that is, the construction oftltis Will DodlZe Wav Concrete Construction Project for the
City of Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all
Municipal, County, State, or Federal Permits or licenses including payment of permit fees,
license fees and royalties necessary or incident to performance of the work on this contract. The
risk of loss for such work shall not shift to the City until written acceptance of the work by the
City.
4. Consideration
a. City agrees to pay Contractor, at the times and in the manner provided in the Contract
Documents, a sum of: $]6,464.00 for accomplishing the work required by this contract,
including allowable expenses. This fixed sum cannot be modified except by Change Order
approved in writing by City. Any progress payments to Contractor shall be made only in
accordance with the schedule and requirements in Section 21, Standard Terms and
Conditions.
b. City certifies that sufficient funds have been appropriated to make payments required by this
contract during the current fiscal year. Contractor understands and agrees that City's payment
of amounts under this contract attributable to work performed after the last day of the current
fiscal year is contingent on City appropriations, or other expenditure authority sufficient to
allow City in the exercise of its reasonable administrative discretion, to continue to make
payments under this contract. In the event City has insufficient appropriations, limitations or
other expenditure authority, City may terminate this contract without penalty or liability to
City, effective upon the delivery of written nO,tice to Contractor, with no further liability to
Contractor.
CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE
Business Name (please print: Ashland Construction. Inc.
Contact Name: Ron Hobson Phone: 54] 535-30]9 Fax: (541) 512-0809
Address: 102 Pleasant View. Talent OR 97540
Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy ofW-9 is to be
submitted with the signed contract to be kept onjile in the City of Ashland Finance Department.
Ashland Business License #_004698 Construction Contractors Board #_28420_
Citizenship: Nonresident alien _X _ Yes _ No
Business Designation (check one): Individual
_ Partnership _X_Corporation
_ Sole Proprietorship
_ Government/Nonprofit
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The above information must be provided prior to contract approval. Payment information will
be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number
provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.)
Information not matching IRS records could subject you to 3 I percent backup withholding.
I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement
Contracts (Exhibit A) together with Exhibits C together with all other Contract Documents as
described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon
2008 Standard Specifications for Construction, as amended by the Cityof Ashland's most recent
Addenda to the 2008 Standard Specifications are an integral part of this contract and agree to
perform the work described in the Contract Documents, including Exhibit A, in accordance with
the terms and conditions of this contract. I further understand the City is prohibited from
entering into a contract when the contractor has neglected or refused to file any return, pay any
tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury
and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further
certify that the certification and representations in Standard Term and Condition # 16 [CCS
Registration Requirements] are true and correct, and further I certify that I am an independent
contractor as defined in ORS 670.600.
Sig~Contractor:
~~P---
Signature/Title .
Printed Name: Ron Hobson
~.
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ate
NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it
has been executed by the Public Contracting Officer or designee as well as City Finance and
Legal Department representatives.
CITY OF ASHLAND SIGNATURE
Approved:
~
Ikfi"!:J ,Director of Public Works, City of Ashland Date
- Au orized by Ordinance 3013 and Delegation Order dated June 22, 2010
Coding:
Reviewed:
o
Lee Tuneberg, Finan Director (funds appropriated current fiscal year)
Reviewed:
, . (approved as to legal form)
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CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be
issued to it; and
(b) Conti'actor is not subject to backup withholding because (i) it is exempt from backup
withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject
to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents
and warrants to City that (a) it has the power and authority to enter into and perform the work,
(b) the Contract, when executed and delivered, shall be a valid and binding obligation of
Contractor enforceable in accordance with its terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional
standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work.
Contractor also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above
and authorized to do business in Oregon or is an independent contractor as defined in the
contract documents, and has checked four or more of the following criteria:
j (1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
j (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
I (3) Telephone listing is used for the business separate from the personal residence
listing.
+(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of
one year.
I (6) I assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
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EXHIBIT C
PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS
To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager.
During the term of the contract, please provide Certificates of Insurance prior to each renewal.
Insurance shall be without prejudice to coverage otherwise existing. During the term of this
contract, Contractor shall maintain in force at its own expense all insurance noted below:
Workers Compensation insurance in compliance with ORS 656.017. All employers, including
Contractor and any subcontractors, that employ subject workers who work under this Contract in
the State of Oregon shall comply with ORS 656.017 and provide the required Workers'
Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor
shall ensure that each of its subcontractors complies with these requirements.
Commercial General Liability insurance on an occurrence basis, with a combined single limit
of not less than. $1,000,000 or D $3,000,000 for each occurrence of bodily injury, personal
injury and property damage. It shall include coverage for broad form contractual liability; broad
form property damage; personal and advertising injury; owners and contractor protective;
premises/operations; and products/completed operations. Coverage shall not exclude excavation,
collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis.
. Required by City D Not required by City By:
P.M.
(Mayor
signature
required)
Mayor
Commercial Automobile Liability insurance with a combined single limit, or the equivalent of
not less than. $1,000,000 or D $3,000,000 for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage
shall be designated.
. Required by City D Not required by City By:
P.M.
(Mayor
signature
required)
Mayor
o Builders Risk (Check here if required) insurance during construction to the extent of 100
percent of the value of the work for the benefit of the parties to the Contract as their interest may
appear. Coverage shall also include: (1) formwork in place; (2) form lumber on site; (3)
temporary structures; (4) equipment; and (5) supplies related to the work while at the site.
Notice of Cancellation or Change. There shall be no cancellation, material change, reduction
of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the
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Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically
attached to the certificate of insurance.
Additional Insured. For general liability insurance and automobile liability insurance the City,
and its agents, officers, and employees will be Additional Insureds, but only with respect to
Contractor's services to be provided under this contract. This coverage shall be by endorsement
physically attached to the certificate of insurance.
The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers,
agents, and employees against any liability that may be imposed upon them by reason of the
Contractor's or subcontractor's failure to provide workers' compensation and employers liability
coverage.
Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City
prior to commencing work. The certificate will include the deductible or retention level and
required endorsements. Insuring companies or entities are subject to City approval. If requested,
copies of insurance policies shall be provided to the City. Contractor shall be responsible for all
deductibles, self-insured retention's, and/or self-insurance.
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ASHLAND CDNSTRUCI'lON JNC.
1.02 PI Ii Vi8w
T....C"c~~7540
PROPOSAL
Pag< No.
of
Pag<.
(541) 535-3019 Fa (541) 512-0809
eel (541) 944-Z728
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w~ ber~by submit !JPCdficalions and C5Ilmale5 for:
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WE PROPOSE hereby to furnish materta1 and labor - complde
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Payablr as [allows:
doUars 1$
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^1I tnaltrial 1!lI ~u.vllnla:d ~o Ix IUI; 'IptClD<<1. All -" to be oonrp~ in ... .wItlRlllltk
If\ilnn~ arrnrdln: 10 ""omdanl prm:lk'cs. An}' Unalicl:rs or dc9tlitillla rrrw:1txJ11'1!: s~1fll:lI.
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[:,.'llrt'l"h<orh'" o,l.,r nndilbon: lho:c:olirnak:..lI.I ~lst.'"OAthl4"1)1 upnn IitJ1lles. iIft"'..dcnb
or dt"Ia)1i bt...,."..1l1 our Nlnlrol. Oool"ncr" """1Il)' On::. kJrnado. and u1b;r f~'Vlry ItI!'oI.lf"IIncx:..
Our .....rb...~ :l:l: rut~~. l~""'rcd by WorA:REn." C.~tioIl bl$u:untt'.
Au''''''''''''
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NOTE: Th. proposal may be \\o1thdrawn
by us. if nOl llt.'Cl:plcd wirnln
do)'s.
ACCEPTANCE OF PROPOSAL - The prtccs. spcc:itlcations and cond1Llons are satisfadory and are h~tby acceptal. You arc authoriZed
(0 do the work as spcclfied. Payment WID be made as outl1nm above. .
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CITY OF
ASHLAND
ADDENDUM NO.1
TO THE
CONTRACT DOCUMENTS
FOR
WILL DODGE WAY IMPROVEMENT PROJECT NO. 2008-56
This addendum issued this 16th day of August, 20 I 0, provides as follows:
I. Install buff colored concrete crosswalk across the alley near the east side of the old city
parking lot. Walk to be 8 inches thick, reinforced, high/early strength concrete with a two
foot square score pattern.
. 6.5 feet wide by 12.0 feet long = 78 SF at $15 per SF = $1,170.00 ,
2. Remove existing access ramp and install ADA compliant ramp with standard tactile
warning strip.
. Remove curb and gutter - 8 LF at $10 / LF = $80,00
. Replace curb and gutter - 8 LF at $25 / LF = $200.00
. Remove and replace existing sidewalk - 30 SF at $10 / SF = $300.00
. Install tactile warning strip = $175.00
$755.00
ADDENDUM TOTAL
$1,925.00
PROJECT TOTAL
$14,865.00
END OF ADDENDUM NO. I
Engineering
20 E. Main Street
Ashland, Oregon 97520
'':~'N iSf\l~I-!(J Q.!. l..~ "
Tel: 541/488.5347
Fax:541~48ee6006
TTY: 800n35-2900
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ASHLAND CONSTRUCTION INC.
102 Pleasant View
Talli'nt; Oregon 97540
, CCB #28420
(541) 535-3019 Fax (541) 512-0809
Cell (541) 944-2728
To: -ecrl-0.L-ASH~
\
i__m.4-/;v
S7.
JOB NAME' NO.
LOCATION
PHONE
PROPOSAL
Page No.
of
Pages
\~-
WE PROPOSE hereby to furnish material and labor - complete in accordance ~th these specifications. for the sum of:
dollars ($
Payable as follows:
All material Is guaranteed to be as specified. All work to be completed In a workmanlike
manner according to standard practices. Any alterations or deviation'from above specifica-
tions lnvolvlng extra cost ~111 be executed only upon written orders, and wIll become an
extra charge over and ubove the estlmate. All agreements contingent upon strikes. accidents
or delays beyond our control. Owner to carry fire. tornado, and other necessary Insurance.
OUT workers are fully covered by Workmen's Compensation Insurance.
Authorized
Signature
).
NOTE: This proposal may be withdrawn
by us if not accepted within
days.
ACCEPTANCE OF PROPOSAL - The prIces, spec1ficatIons and cond1tIons are satisfactory and are hereby accepted. You are author1zed
to do the work as specified. Payment will be made as outlined above.
Signature
Date
Signature
Date
~4.
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CITY RECORDER
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520 '
(541) 488-5300
" f'
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Page 1/1
", DA TEl::
9/20/2010
. ':':,PO NUMBER<."
09804
VENDOR: 000026
ASHLAND CONSTRUCTION INC
102 PLEASANT VIEW
TALENT, OR. 97540
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND. OR 97520
FOB Point:
Terms: Net 30 days
Req. Del. Date:
Specia.llnst:
Req. No.:
Dept.:
Contact: Jim Olson
Confirming? No
. Quanif6l:, , :"Unit"" "':,:' ... .: '"... ':;' ."':." ",- Descrioiion . . ' . I~: .!':"unTt Price'~_ ExLPrice
.. , . .. .. .
Will Dodge Way Reconstruction Project 12,940.00
2008-56
Addendum #1 1,925.00
Addendum #2 1,600.00
I
SUBTOTAL 16465.00
lILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 16,465.00
ASHLAND, OR 97520
li:"~~'Acco_uni:'NumbEir'!" ~~_:] j~r:'!~Project.NumDer.:;: ;.i,<,- '<; Amouri-t ... · ACCourifNumber':;;:, I .;' -; projeCi Number' :";i .. .. ,:")' Amount.
" , >,,",~,1
- 260.08.12.00.70420 E 200856.120 16 465.00
~c:t.
. iF :)LZ-/ld
Authori~ Signature"
VENDOR COPY
CITY OF
ASHLAND
REQUISITION
No. PW -FY2011
Department PW ENGINEERING
Vendor Ashland Construction, Inc.
102 Pleasant View
Talent, OR 97540
Account No. 260.08.12.00.704200
Date September 13, 2010
Requested Delivery Date
Deliver To Jim Olson
Via
Item No. Quantity Unit Description Use of Purchasing Office,Only
Unit Price Total Price PO No.
Concrete removal and replacement for the Will {
Dodge Way Reconstruction Project. $ 16,46j.60
for Kari:
BID IRFP I EXEMPT: Quotes
Contract Start Date:
Contract Compietion Date: 10/112010
Insurance on file: IYES INO
Pro;ect No. 2008-56
Job No.
Unit No.
I hereby certify that the above items are necessary for the operation
of this department and are budgeted
(1 ~D(frlkp",oo
V
Issued By
Date
Received By
r~'
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