HomeMy WebLinkAbout2003-013 Contract - Pacific Pipeline CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this ,/o7~ day of ~,~', ;~o,5 , between the City of
Ashland, ("City") and Pacific Pipeline Inb. "(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 Morton Street Storm Drain Project No. 02-23. 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.
2. Scope: Contractor shall begin and complete the project descril~ed 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 & 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 $,~2,199.00 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.
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 prosecution of the work from
the Contractor, and appropriate or use any or all of the materials and equipment on the
G:\pub-wrks~eng~dept-admin~ENGINEER\PROJECT~.002\02-23 Contract Documents.doc
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. AJll 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.
7. Prevailing Wage Rates:The Contractor shall pay a fee equal to one-tenth of one
percent (0.1 percent) of 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 & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
8. Living Wage Rates: If the amount of this contract is $15,000 or more,~ Consultant
is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living
wage, as defined in this chapter, to all employees performing work under th!s contract
and to any subcontractor who performs 50% or more of the service work unUer this
contract. Consultant is also required to post the attached notice predominan~tly in areas
where it will be seen by all employees.
The Contractor shall fully comply with the provisions of ORS 279.348 through
279.365 pertaining to prevailing wage rates.
CONTR~C~R CITY OF ASHLAND
~ '-~~ ~//-~..,--, ,, B?ian Almquist
Its:
City Administrator
De/g'artment Head Date:
Coding: ~ - Z,&o,oB,r7.,~.
(For City use only)
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BOND #
PERFORMANCE & PAYMENT BOND
The undersigned Pacific Pir)eline Inc. , as r)finci~al, further ~referred to
in this bond as Contractor, and DEVELOPERS SURETY '~0asI~[~,l~~erred to in
this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee,
further referred to in this bond as City, in the sum of Seventy-two thous~and one
hundred ninety-nine Dollars ($ 72,199.00 ).
Contractor and City have entered into a wdtten contract dated z,//o//~ , for
the following project: Morton Street Storm Drain Proi.eCl; No. 02-23. This con,tract 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 performs the Contract within the time prescribed by
the Contract, and promptly makes payment to all claimants, as Idefined 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 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.
4. This obligation jointly and severally binds Contractor and Surety and their
respective heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the
Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
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7. The bond number and the name, address, and telephone num~er ofthe
agent authorized to receive notices concerning this bond are a$ follows.
Bond Number:
Bond Agent
Address:
ANCHOR INSURANCE & SURETY. INC.
PORTLAND, OR 97205
1201 SW 12TH AVE., SUITE 500
Telephone:
(503) 224-2500
SURETY: COMPANY
By:
Title: VICKI L. NICHOLSON, ATTORNE'lj-IN-FACT
Legal Address: FIVE CENTERPOINTE DR., SUITE 530
SIGNED this
'0 j.t,
day of F~b.
WITNESS:
CONTRACTOR:
By:
Title:
Legal Address:
(Corporate Seal)
Attest:
WITNESS:
(Corporate Seal)
Attest:
2003.
\~ELINE. INC.
~
PO BOX 3085
CENTRAL POINT, OR 97502
Corporate Secretary
WITNESS FOR SURETY
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....
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POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623' (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CAUFORNIA, do each severally, but not jointly, henby make, constitute and appoint:
.**JoOO D. Klump, Vicki L. Nicholson, Philip O. Forker, Gloria Bruning, Richard W. Kowalski; Jennifer Keene,
jointly or severally * **
as the true and lawful Attomey(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sUE ties, bonds, undertakings and
contracts of sunty_Ip g1vl.. and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act n sary, nqulsite or proper to
be done ia connecdoa therewltb as each of said corporations could do, but rfterving to each of said corporations full power of subs itution and nvocation, and all
of the acts of said Altorney(s)-in-Fact, pursuant to these pnsents, an henby ratified and confirmed. .
This Power of Attoney is aranted and Is signed by facsimile under and by authority of the following resolutions adopted by the ~pective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA, effective as ofNove~ber 1, 2000:
RESOLVED. that the Chairman of the Board. the President and any Vice President of the corporation be, and that eac~ of them henby is, authorized
to execute Powers of Attorney, qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of tbe corpora"ons, bonds, undertakings and
contracts of suntyshlp; and that the Secntary or any Assistant Secntary of the corporations be, and each of them henby Is, authqrized to attest the execution of
any such Power of Attorney;
RESOLVED. FURTHER, that the signatures of such omcers may be amxed to any such Power of Attorney or to any certiOcate relating thento by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corpjoratlon when so amxed and In
the future with respect to any bond, undertaking or contract of suretyship to which it Is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUIfORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8th day of Nov~mber, 2000.
c~~
"",........."'"
.."';'i AND I~:"',
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~:....;::; ....0. ,,\lOR~ ~'" 'f-:,\
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""""""',,
By:
David H. Rhodes, Executive Vice President
By' lIv~ 1M
Walter A. Crowell, Secntary
STATE OF CAUFORNIA
)
)SS.
)
COUNTY OF ORANGE
On November 8, 2000, befon me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, persSBallY known to me (or proved
to me on the basis .f satisfactory evidence) to be the persons whose names an subscribed to the within Instrument and acknowledg to me that they executed the
same In their authorized capacities, and that by their signatures on the Instrument the entity upon behalf of which the persons act executed the Instrument.
WITNESS my hand and omcial seal.
Slgnatun
~~j~
f DIANE J. KAWATA ~
p8 cow.t...11lml21 ~
:;) NOTMY PUBlIC - CALfOIUIA
- ORANGE COUNTY
i Mr ClIml. ElIp. _1.2002 I
CERTIFICATE
The undersigned, as Chief Operating Omcer of DEVELOPERS SURETY AND INDEMNITY COMPANY and I/I!DEMNITY COMPANY OF
CALIFORNIA, don hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked, and furt~ermore, that the provisions of
the resolutions of the nspectlve Boards of Directors of said corporations set forth In the Power of Attorney, are In force as of the da.e ofthis Certificate.
This Certiftcate Is executed in the City of Irvine, California, the ~ day of P it/b . Z/)() "'j
(:1 ~.~
By
David G. Lane, Chief OperatiDg Omcer
10-1380 (11/00)
ACORD~ CERTIFICATE OF LIABILITY INSURANCI;Acf)~~ C~ DATE (MMlDDIYY)
01/23/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATT R OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON HE CERTIFICATE
Anchor Insurance - Portland HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1201 SW 12th Ave., Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Portland OR 97205-2030
Phone: 503-224-2500 Fax:503-224-9830 INSURERS AFFORDING CPVERAGE
INSURED INSURER A: Maryland Casualty Cc!nnpany
INSURER B: SAIF Corporation
Pacific p~eline, Inc. INSURER C:
3348 Old lita~ Road INSURER 0:
Central Point OR 97502
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTf:DING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 0
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1~1: TYPE OF INSURANCE POLICY NUMBER b~~k'lMMiDDfrl.Y DATE '/MMlDOIVYl LIMITS
GENERAL LIABILITY EACH OCCURR NCE $1,000,000
-
A X COMMERCIAL GENERAL LIABILITY SCP37485399 01/22/02 02/22/03 FIRE DAMAGE ( ny one fire) $ 100,000
I CLAIMS MADE [!] OCCUR MED EXP (Any 0 e person) $5,000
PERSONAL & A[ V INJURY $1,000,000
-
GENERAL AGGF EGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CC MP/OP AGG $2,000,000
I Iil PRO- nLOC
POLICY X JECT
AUTOMOBILE LIABILITY COMBINED SINQLE LIMIT
- $1,000,000
A X ANY AUTO SCP37485399 01/22/02 02/22/03 (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
X HIRED AUTOS BODILY INJURY
- (Per accident) $
~ NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - ~ ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURR~NCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
=1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPlNSATION AND X I TORY L1MllIS I IUER-
B EMPLOYERS'L~LITY 926948 10/01/02 10/01/03 E.L. EACH ACCI~ENT $ 500,000
E.L. DISEASE - S\ EMPLOYEE $500,000
E.L. DISEASE - POLICY LIMIT $500,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHlCLESJEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
REI Project No. 02-23. The City of Ashland, its officers, employees and
agents are included as Additional Insureds. Coverage is primary and
non-contributory. (excludes workers' compensation)
CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ,
CITAS-1 SHOULD ANY OF TH~ ABOVE DESCRIBED POLICIES BE'CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL I MAIL ...3.L DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THEiLEFT. L
CITY OF ASHLAND i
20 E MAIN STREET
ASHLAND OR 97520 r.
AUTH ~7tt~P'~
I
ACORD 25-8 (7/97) - ./ @ACORD CORPORATION 1988
..,.
~
PAGE 10
PROPOSAL
Mayor & City Council
Ashland. Oregon
The 'undersigned bidder declares that the .bidder has receiv~. read and
understood all bid documents; received. read ,and understood all addeneJa; the bidder
has taken no exceptions other than those clearly stated in this proposal; .he bidder will
be liable for increased costs (and attorney fee~) for retaining a rePlacemEt bidder ~ the
undersigned bidder is awarded the contract but refuses to sign the cont ct; the bidder
has examined the plans and specifications, has visited the site, an. made such
investigation as is necessary to detennine the character of the materials and conditions
to be encountered in the work and that If this Proposal is accepted, ttjle bidder will
contract with the City of Ashland, Oregon for the construction of ~e proposed
improvement in a fonn of contract contained in the bid documents, Wi~1 provide the
necessary equipment, . materials, tools. apparatus, and labor, in accordance with the
plans and specifications on file at the City Engineering Officej Ashland, Oregon. under
the following condffions:
1 . It is understood that all the work will be perfonned under a lump sunil 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 Die plans and
sPeciflCStions shall be furnished for the saki lump sum or unit price named. It is
understood that the quantities stated in conneCtion with the price sch~ule for the
contract are approximate only and payment shan be made at the unit p~s named for
the actual quantities incorporated in the completed work. If there shall be ~n increase in
the amq_~nt of work covered by the lump sum price. it shall be computed pn 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 ~ Owner. Furthennore, it is understood that any
estimate with respect to time, materials, equipment, or se~ce 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, finn or
corporation responsible for any errors or omissions that may appear in any estimate.
2. The undersigned will furnish the bonds required by the speclfication$ and comply
with all the laws of the Federal Government, State of Oregon, and the CitY of Ashland
which are pertinent to construction contracts of this nature even though $uch laws or
municipaf ordinances may not have been quoted or referred to in these specifications.
, ,
3. All items for the contract for which fonns are provided in the bid doc~ments 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 infonnation indicated by the proposal fonn. The
undersigned submits the unit prices set forth as those at which the bidder will perfonn
the work involved. The extensions in the column headed "Total" are made up for the
G:'club"Mb\eng\rMpt<<fminlENGllEERlPROJEc:n2OO2'D2-23 Martan She! Slonn 0nIIn IlkI DoCument.doc
PAGE11-
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.
Bidder furthennore agrees to pay as liquidated damages, for each calendar day
thereafter, the sum of two hundred fifty dollars for each day the project remains
incomplete.
5. The undersigned, as bidder, acknowledges that addenda(s) numbered 1
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
prevailing rate of wage shall be included in the contract.
7. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to
disclose information about certain first-tier subcontractors (those subcontractors
contracting directly with the bidder) when the contract price exceeds $75,000
(see ORS 279.027). Specifically, when the contract amount of a first-tier
subcontractor is greater than or equal to: (I) 5% of the project bid, but at least
$15,000, or (ii) $500,000 regardless of the percentage, you must disclose the
following information about that subcontract within four hours of bid closing:
7.1 The subcontractor's name and address;
7.2 The subcontractor's Construction Contractor Board registration number, if
one is required, and;
7.3 The subcontract dollar value.
If you will not be using any subcontractors that are subject to the above disclosure
requirements, you are reqUired to indicate "NONE" on the form.
THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE
DISCLOSURE FORM WITH THIS INFORMATION WITHIN FOUR HOURS OF BID
CLOSING.
To determine disclosure requirements, the City recommends that you disclose
subcontract information for any subcontractor as follows:
1) Determine the lowest pOSSible contract price. That price will be the base bid
amount less all alternate deductive bid amounts (exclusive of any options that
can only be exercised after contract award).
G~\eng\dept-.dmln\ENGlNEER\PROJECn200~2.23 Morton SlnIet Storm Drain lid Doeumenldoc
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PAGE 12
2) Provide the required disclosure information for any first-tier subcontra~or whose
potential contract services (i.e., subcontactor's base bid amount plus.1I alternate
additive bid amounts, exclusive of any options that can only be exerci$ed after
contract award) are greater than or equal to: (I) 5% of the lowest cont~act price,
but at least $15,000, or (ii) $500,000 regardless ofthe percentage. Total all
possible work for each subcontractor in making this determination (e.g., if a
subcontractor will provide $15,000 worth of services on the base bid and $40,000
on an additive alternate, than the potential amount of subcontractor's services is
$55,000. Assuming that $55,000 exceeds 5% of the lowest contract Rrice,
provide the disclosure for both the $15,000 services and the ($40,0001 services).
The disclosure should be submitted on the following form:
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PAGE13-
City of Ashland
First-Tier Subcontraetor Disclosure Form
(As Required by ORS 279.027 and OAR 137-040-0017)
MORTON STREET STORM DRAIN PROJECT
I NAME OF SUBCONTRACTOR I I
CATEGORY OF WORK
1.
\(ll~
\
2.
3
4
5
6
7
8
9
10
* Attach additional pages if needed.
G:\4)ub"'llllb\eng\apl-"Ojmin~IEER\PROJEcn2OO2'm.23 Morton snet Stonn OraIn Bid Document.doc
VJ.I I.IJII.VVIJ J.UU .11.. 'tV 1"l1J1. V'lJ. 'tVUVVVU VJ. 1101 VJ. n.:JuJ.OU\l VVIWlI II{;Y
ItJVVI.I VVI.
MORTON STREET STORM DRAIN
PROJECT NO. 02-23
. _LE11123103l
ITEM ES1WU.TE UNrr PRICE AIpJNT
NO. ITEM (UHtT PRICE DOLLARS) UN1TS (FIGURES)
1 Mobilization and Final Cleanup for 00Ilars lump Sum , bs:s5 , ~~
Temporary protection and direction of traffic for 0'" 1>SOO
2 Lump Sum $ ~S:iJ $
Dollars
3 Saw art pavement for 1380 LF $ \0: $ \'3~
Dollars
" Remove and replace pavement for Dollars 301 SY $ 3C;:: $ \d,S~S
5 48" storm drain ifor 1 EA $ \gi) $ \ SCJ.J
Dollars
6 048" ft8tlop storm drain manhole for OoUars 2 EA $ \ cJ:j:)OO $ 7JCfJC
7 72" storm drain manhole for Dollars 3 EA $ ?(f:J:j $ <i1L.\CC>
8 Connect to existing 18" stann drain for 1 EA .$ ::a:)v $ ?:DO
Dollars
g Remove and replace curb for 00IIars 50 LF $ 720' s \\00
10 Remc:.we and replace curb inlet for 5 EA $ I~ , is:J::D
DoIIats
11 Remove exISting manhole for 1 I:A $ 6JJ~ '$ 7.';)0
DoIlar&
'2 Cor1Cl8Ce Cap for Dollars 100 LF $ '2StlO '$ ?~r:x:;
24"-S.0. incl. excavation & class "a' backfiII,.4'.,o' for 400 LF $ >rt!t '- $ \~ ~zoa
13 . Dollars '3..'
24" S.D. ind. ex CDF ' -6'for 95 LF $ .0 $ .!5 ~'2.D
14 Dollars .~~~~
. .
18"' S.D. incl. exca\falion & CDF -6' for 61 LF S ?fl...OO $ <3\~
'5 Dollars
12" S.D. incl. excavation & class Mal; ~. '-6' for 126 LF S -z.ctU $ '15"2.<6
1& DoBars
12" S.D. incl. excavation & COF bac~_ 'for 24 LF $ _n.C $ lln<i
17 Dollars ?:..i
18 24" 9Iorm drain plug for 1 EA $ \t'!.")tP $ \DO
. Dollars
19 12" storm drain plug for Dollars 2 EA $ S) C)C s '\DO
20 -DELETED MjYd IMAMle fer -. $ - S -
Dollars
21 Cement sand s1uny fill existing storm drain for LUmp Sum S Q:{JO\.J $ C(:j:)
Dollars
22 Remove existing storm (tram for Lump Sum $}~{1)O~ $ 7S00
OoIIal'$
-~ 610 TOTAL $ -17 \Qq V)
!)EPARTMENT OF ipUBLIC
WORKS
ENGINEeRING DIVISION
\\COMPAQl\DA T A \COV\pub-wrk.s\eng\dept-admin\ENGINEER\PROJEC'I\lOO2\OZ-Z3 Addendum No I.doc
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PAGE 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
279.029.
a resident Bidder as defined in O.R.S.
~QCA.-~~9!2\ \ uk{~_ .
Firm Name of Bid<Jer
S~~
~.~\(\,~'--
Printed Name of idder
~~~\.
Official Title
~~'rA- \.t\ tJ <6lo S
State of Inco atlon CCB Number
J\~ ~
Dated this ~ day of ~"-<.J. rt vu 2003.
~ ~
Name of Bidder ~~c "\"~\"'-..Q' -\"'",..--c "\
Address . ~O~ ?:'O'\,:S . ~~~\ ~~\- O\r C'\lS()~
Telephone No. 5z-\ \ -l( 0- S Y L..\ "-\
G~\eng\dept-admin\ENGlNEER\PROJECT\2002'D2-23 Morton ~ SConn DraIn llId Document.doc
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PAGF16
BID BOND
We, the undersigned, PACIFIC PIPELINE, INC. as,
Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY
as Surety, are held and firmly bound to City of Ashland. Oregon as OWNER, in the
penal sum of FIVE PERCENt>r ~n~~~nt of which i9intl~ and severally bind
ourselves, our successors, aR8 a'SMOHs~OUNT BID (5%) **
Signed this 4TH day of FEBRUARY. 20 03.
The condition of the above obligation is such that whereas the Principal has I
submitted to the City of Ashland. Oregon, a certain BID, attached and made a part of
this BOND, to enter into a contract in writing, for the proposal for the Morton Street
Storm Drain construction.
NOW, THEREFORE,
(a) If this BID shall be rejected. or.
(b) If this BID shall be accepted and the Principal shall execute and deliverla
contract in the Form of Contract attached (properly completed. in :
accordance with the BID) and furnish a BOND for the faithful performanpe
of the contract, and for the payment of all persons performing labor or !
furnishing materials in connection with the contract, and shall in all
respects perform the agreement created by the acceptance of the BID,
then this obligation shall be void, otherwise the same shall remain in force
and effect; it being expressly understood and agreed that the liability of the
Surety for any and all claims under this BOND shall, in no event. exceed
the penal amount of this obligation as stated.
The Surety, for value received, stipulates and agrees that the obligations
of the Surety and its BOND shall be in no way impaired or affected by any
extension of the time within which the OWNER may accept such BID; and the:
Surety waives notice of any such extension.
PAC FlIP , INC.
BY:
(L.S.
Prin . al
DEVELOPERS SURETY AND INDEMNITY COMPANY
Surety
By: ~~~.~
VICKI L. NICHOLSON, ATTORNEY-IN-FACT
IMPORTANT - Surety companies executing BONOS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact business
in the State of Oregon.
G:\pub..a\onaldelll-..eGNeERlPROJECT\2OOM2~ Wo1on Snel SIoml Or-.in IlId ~<loC
'11
,
POWER OF ATIORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 . (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each severally, but DOt Joiatly, hereby make, coastitute aad appoiat:
***John D. Klump, Vicki L. Nicholson, Philip O. Forker, Gloria Bruning, Richard W. Kowalski, Jennifer Keene,
jointly or severally***
as the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and admowledge, for and OR behalf of said corpontions as sureties, bonds, undertakings and
contracts of suretysllip glvlag aad granting unto said Attonaey(s)-In-Fact full power alld authority to do and to perform every act necessary, requisite or proper to
be done i. connec:tioa therewith as each of said corporations couid do, but men-lag to each of said corporatioDS fuU power of substitution aad revocation, and aU
of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
nis Power of Attorney Is cranted and Is sigIIed by facsimile u.... aad by authority of tile following resoIutiolas adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1,2000:
RESOLVED, tllat the Chairma. of the Board, the President and aay Vice Presideot of the corporatloa be, aod that each of them hereby Is, authorized
to execute Powen of Attorney, qualifying the attoney(s) amed 10 the Powers of Attorney to execute, 00 behalf or the corporations, boods, uadertakiags and
contra$ of suretyship; aad that the Secretary or any Assistant Secretary of the corporatlORs 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 oMcers may be aMxed to any such Power of Attorney or to any certificate relatiag thereto by
facsimile, aad any such Pewer or AttOl'HY or certllkate bearilll such facsimile signatures shaD be valid and binding upon the corporation whea 50 amxed and In
the future with respect to aay boad, undertaking or contract of suretyship to which It Is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY aad INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice Prtsideat and attested by their respective Secretary this'" day of Novetnber, 2000.
By:
David H. Rhodes, Executive Vice President
c-:) ~
......"......<<1,;
.....;'t "ND ,;:....
""<III!IL~ ............... .,,~~.#~
.~...,.. POjJ ~... '<'.J_"
IflO ....O~ .'1J'.....~\
~ l"<.J ~.-~.
i:!f OCT. \~\
i ~ ! 10 : l") i
\~\ 1936 Iii
f. ~ ". .... '0 i
f.....,~...../oW........~ $
"~'''. q ........... "to.....,...,.
......,......t.......""~
." //lA lM
Walter A. Crowell. Secretary
STATE OF CAUFORNIA
)
)SS.
)
COUNTY OF ORANGE
Oa Non.ber I, 2000, before IDe, Dlaae J. Kawa.., persoaally appeared David H. RIIodes a.d Walter A. Crowell, personlly bown to me (or proved
to me OD tbe basis or satisfactory evldeac:e) to be tbe persons whose ames are subsc:ribed to tbe within Instrumeat aad adaaowledged to .. that they executed the
same in tllelr autltorized capadtles, aad that by tlaelr signatures OR the Instrumeat tlae entity upon behalf or whldl the persoas acted. executed the instrument.
WITNESS my hand and oMciaJ seal.
SigDature
~~j~
. _ OIAHE. J.. KAYMTA ,
.. (X)MM. .1187828 .
:> MI1MYPUIIUC -CAl.fORfIA C
- 0MfGE COUNTY ~
i My c.a&p..a" ZOOZ t
CERTIFICATE
The uadersiglled, as Cbief Operating Off'acer of DEVELOPERS SURE1Y AND INDEMNITY COMPANY aad INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify tbat the foregolne Power of Attoney remalDs 10 IUD force aod bas Dot beeD revoked, aad furthermore, that tbe provlsloas of
tbe resolutions of the respective Boards of Directors of said corporatlo8s set fortb Ia the Power of Alloraey, are I. force as of the dale of tbis Certificate.
This Certificate Is executed 10 the City of Irvine, Califorala, the 4 TH day of FEBRUARY
2003
C1 :t1. ~
By
David G. Lane, Chief Operating Officer
10.1380 (11100)
.
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER'S COPY
Page 1 / 1
03959
VENDOR: 005925
PACIFIC PIPELINE INC
PO BOX 3085
CENTRAL POINT, OR 97502
SHIP TO: Ashland Public Works
(541) 488-5587
27-1/2 N MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 02/18/2003
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? NO
THIS IS A REVISED PURCHASE ORDER
Morton Street Storm Drain Project No. 02-23 ~ ~ 72,199.00,
BID
Date of contract: 02/10/2003
Start date: 02/18/2003
Completion date: 03/18/2003
Insurance required/On file
Revised purchase order 05/09/2003 15,382.90
Change Order 1
SUBTOTAL 87,581.90
BILL TO: Account Payable TA~ 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 87,581.90
ASHLAND. OR 97520
Account Number ' Amount Account Number : Amount
E 260.08.17.00.704200 70,065.52
E 260.08.34.00.704200 17,516.38
~121thorized Signature
VENDOR COPY
A request for a Purchase Order
REQUISTION FORM
THIS IS A REQUEST FOR A:
[ X ] Change Order (existing PO# 3959)
CITY OF
-ASHLAND
Date of Request:[ 4/291031
Required Date of De very/Serv ce
Vendor Name: PACIFIC PIPELINE INC.
Address: PO BOX 3085
City, State, Zip CENTRAL POINT OR 97502
Phone:
Project Title: MORTON STREET STORM DRAIN REPLACEMENT
Project Number: 02-23
Solicitation Process:
[ ] Exempt [ ] 3 Written Quotes (copies
attached)
] Sole Source [ X ] Invitation to Bid (copies on
file)
] Less than $5000 [ ] Request for Proposal (copies
~n file)
Services Only
Description Total Cost
Morton Street Storm Drain Replacement Project $ 72,199.00 Odginal Contract Cost
Change Order No. 1 $ '15,382.90
$ Prior Change Orders
Change Order Amount
$ 87,581.90' REVISED CONTRACT
Account Number 260.08.17.00.704200 (85%)
*Please attach the Original signed contract and Insurance Certificates.
jj, Account Number 260.08.34.00.704200 (15%)
Employee Signature: ~ ~",--'~,/~'"~ Supervisorl Dept. Head Signature: /~.~~ -
NOTE: By signing this m~ttion form, I c~ertify tha the above request meets with Ctiy of Ashland Solicitia~ion Process requireme~s ar~'can be prowded wh' " N . ' en necessary.
G:Pubwrks\Eng\deptadmin\engineer~project\02-23 CO Req No 1.xls Updated on: 7/15/02
Ma~ 05 03 10:21a
Kath~ Sal~er
1-541-770-5444
p. 1
PROJECT:
LOCATION:
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 1
MORTOI'! STREET STORM DRAIN DATE: APRil 29, 2003
MOF:TON STREET PROJECT NO.: 02-23
CONTRACTOR: PACIFIC PIPELINE INC.
You are requested to pE'rf~:lrm the following described work upon receipt of an approved copy of this document
or as described by the Engineer:
_;;.t.
Item No. Description Quantity Unit Price Amount
CO 1 Remove CI P 55 LF $10.00 $550.00
CO-2 Construct Sidewalk 481F $7.00 $336.00
CO-3 Construct HaCi.dicap Ramp 123 SF $7.00 $861.00
CO-4 Install 4" Corduit 636 LF $1.00 $636.00
Additional Quanitites
Item #3 Sawcut Pavern ent 268 LF $1.00 $268.00
Item #4 Remove & RE!place Pavement 272.84SY $35.00 $9,549.40
Item #9 Remove & REplace Curb 40 LF $22.00 $880.00
Item #12 Place Concrete Cap 40 LF $25.00 $1,000.00
Item #16 12" S.D. 55 LF $28.00 $1,540.00
Decreased Qvantities
Item #21 Cement SIU/:2' Existing SO LS -25% $(237.50)
Original Contract Price
Total this Change Order
Previous Change Order
Revised Contract Total ~al~~P
The time provjded fO~'completion of this contract is increased by fifteen calendar days. This
document shall become an endment to t e ontract and all provisions of the contract will apply.
Recommended By: +1 'W I 0 ~
Engineer Date
$72,199.00
$15,382.90
$0.00
$87,581.90
Approved By:
E"~~~
jo ~rt-() ~
Date
Accepted By:
Pcldfic Pipeline Inc.
PO Box 3085
c,,~
Cc)nt actor
co-~
Date
ENGINEERING
20 E. Main Street
Ashland, O,!!!!OIl 97520
www.ashland.or.us
G:\pub-wrkslengldept-adminIEN G Ir.IEERIPROJECT\2002\02-23 Change Order No 1.doc
Tel: 541-488-5347
Fax: 541-488-6006
TTY: 800.735-2900
r.t. ,
CITY OF
ASHLAND
April 29, 2003
Mr. Joe Salyer
Pacific Pipeline Inc.
PO Box 3085
Central Point OR 97502
RE:
FINAL ACCEPTANCE OF THE MORTON STREET STORM DRAIN PROJECT
NO. 02-23
Dear Joe:
A final inspection has been made on the Morton Street storm drain project and it has been
determined that the work has been completed in compliance with the plans and
specifications. The work performed by your firm and by your sub-contractors is hereby
approved and accepted. Please be reminded that under the terms of the contract the
materials and workmanship on this project must be warranted against defects for a period
of two years from this date.
Final payment, including the release of all retained payments will be made as indicated on
the enclosed final payment sheet. There are a couple of bid items which we do not agree
upon. Would you please review the following items:
On payment item number 10 you show six curb inlets removed and replaced. I show that
five were installed as follows:
@ S.E. Corner of Morton & Blaine Streets 1
@ S.W. Corner of Morton & alley 1
@ N.E. Corner of Morton & Siskiyou (base only)
@ S.E. Corner of Morton & Siskiyou 1
@ S.W. Corner of Morton & Siskiyou 1
@ South side of Siskiyou, west of Morton (base only)
Total 5
On payment item number 21 only a portion of the 150 foot long section of storm drain
pipe was filled with slurry. Rather than return and excavate into the church parking lot to
expose the pipe to complete the filling operation we can accept the work as completed at
75% payment.
Engineering Tel: 541/488-5347
20 E. Main Street Fax: 541~/488-6006
Ashland, Oregon 97520 TTY: 800/735-2900
www.ashland.or, us
G:~pub-wrks~ng\dept-admin\ENGINEER~PROJECT~002\02-23 Final Acceptance Ltr. doc
The above two changes represent a difference of $937.50 in the total project cost of
487,581.90. Please let me know if this is acceptable to you.
Also would you please sign and return the enclosed change order forms at your earliest
opportunity. You may fax a copy so that I can continue processing the final payment,
however, the original signed documents should be returned as quickly as possible.
If you have any questions, please feel free to call at 488-5347.
Sincerely,
a:::!::L---
City Surveyor/ Project Manager
cC: Paula Brown
Roger Balbo
Mike Thornton, PE
Engineering
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
G:\pub-wrks\eng\dept-adrnin\ENGINEER\PRO]ECl\2002\02-23 Final Acceptance Ltr.doc
Tel: 541/488-5347
Fax: 541-/488-6006
TTY: 800/735-2900
~~,
CITY OF
-ASHLAND
Public Works - Engineering Division
Date:
To:
From:
Re:
Payment Memorandum
April 29, 2003
Veronica Vlach ~/~
James H. Olson, Project Manager
PAYMENT NO. 3 FOR THE MORTi~)N STREET STORM DRAIN PROJECT NO. 02-23
Pacific Pipeline Inc. has requested third progress payment for services rendered in the construction of the
Morton Street Storm Drain Project No. 02-23.
Please make payment as follows:
Contractor: PACIFIC PIPELINE, INC.
PO BOX 3085
CENTRAL POINT OR 97502
Project Title: MORTON STREET STORM DRAIN
Project No.: 2002-23
Purchase Order: 03959
Account No.: 260.08.17.00.704200
260.08.34.00.704200
Retainage 5%
Contract Amount: $72,199.00
Change Order: $ 15,382.90
Revised Contract: $87,581.90
85%
15%
COST ALLOCATION
TOTAL PAYMENTS TC CURRENT AMOUN]
DFSCRIPTION COST TO DATE DATE DUE
ZOSTS $ 87,581.90 $ 64,194.00 $ 23,387.90
~,ETAINAGE $ - $ 3,209.70 $ 3,209.70
Totals $ 87,581.90 $ 60,984.30 $ 26,597.60
Please Pay: $
$
22,607.96 260.08.17.00.704200
3,989.64 206.08.34.00.704200
Total $ 26,597.60
FINAL ALLOCATION OF FUNDS
260.08.17.00.704200
206.08.34.00.704200
Pacific Pipeline, Inc.
Paula Brown
CC:
850/0 $74,444.62
15% $13,137.29
$87,581.90
CONTRACT AMOUNT REMAINING
% Complete
$ 87,581.90 Contract Total 100.0%
$ 87,581.90 - Paid to Date
$0.00 Amount Remaining
G:PubWorks~Eng~DeptAdmin~Engineer~Project\02-23 Pacific Pipeline Payment 3 final.xls
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CITY RECORDER'S COPY Page 1/1
CITY OF ASHLAND ' ~ ~",~l~-,~ '~
ASHLAND, OR 97520 I 02/19/2003I 03959
~, (541 ) 488-5300
VENDOR: 005925 SHIP TO: Ashland Public Works
PACIFIC PIPELINE INC (541) 488-5587
PO BOX 3085 27-1/2 N MAIN STREET
CENTRAL POINT, OR 97502 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.: PUBLIC WORKS
Req. Del. Date: 02/18/2003 Contact: Paula Brown
Special Inst: Confirming? NO
BLANKET PURCHASE ORDER
02-23
BID
Start date: 02/18/2003
Insurance required/On file
SUI~ITOTAL 72,199.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST ~REIGHT 0.00
541-552-2010 TOTAL 72,199.00
ASHLAND, OR 97520
E 260.08.17.00.704200 57,759.20
E 260.08.34.00.704200 14,439.80
i
~[~Jthorized Signature VENDOR COPY
MORTON STREET STORM DRAIN PROJECT NO. 02-223
CITY OF
ASHLAND
REQUISITION
No. PW 45 - FY 2002
Department Public Works Date February 14,2003
Vendor Pacific Pipeline Inc. Requested Delivery Date ASAP
PO Box 3085 Deliver To Jim Olson
Central Point OR 97502 Via Paula Brown
Account No. 260.08.17.00.704200 --+ 80% (' Note Please allow approximately two(2) weeks for delivery on items not
260.08.34.00.704200 ~ 20% generally caried in stored. and approximately two (2) months on printing jobs.)
Item No. Quantity Unit Description Use of Purchasing Office 0 ly
Unit Price Total Price POND.
Morton Street Storm Drain Project No. 02-23 $ 72,199.00
TOTAL $ 72,199.00
for Kari:
BID IRFP IEXEM:PT: Bid
Contract StartDllte: Fel).,..ry 18, 2003
Contract .COlnpletionDate 3/18/03
Insurance on file: I YES l NO
Project No: 02423
Job No.
Unit No.
] hereby certify that the above items are necessary for the operation
of this department and are budgeted
Issued By
Date
Received By
~,
-
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO:
KARl OLSON
DATE:
PROJECT:
JOB NO.:
SUBJECT:
FEBRUARY 14,2003
MORTON STREET STORM IDRAIN
02-23
CONTRACT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Please find attached:
1. Original contract for filing
2. Original bond for filing
3. Original insurance certificate
4. Copy of proposal
ENCLOSED ~
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
-P~~ 'B
Department of Public ~s
By: James H. Olson .
Title: City Surveyor/ Pro c ' anager
PUBLIC WORKS
20 E. Main Street
Ashland, O~on 97520
www.ashland.or.us
G:lpub-wrksleng\dept-adminIENGINEERIPROJECT\2002\02-23 In House Contract NOT.doc
Tel: 541-488-5587
Fax: 541-488-6006
TTY: 800-735-2900
'.1'
~
.f