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Home My WebLink About2003-217 Contract -Dunlap Contracting CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this 2 c/wu day of , between the City of Ashland, ("City") and Dunlap Contracting I,LC "(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 Tolman Creek Road Improvement, Project Number 00-17. Contractor was awarded thc 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. Thc following exceptions, alterations, or modifications to thc contract documents are incorporated into this contract: 3. Price & Payment: City shall pay Contractor amounts earned undcr thc contract. All payments will be made at the times and in thc manner provided in the contract documents. 4. Bond: Contractor shall, within five days after exccution of the contract and prior to doing any work under thc contract, furnish bond to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of $695,779.70 conditioned upon the faithful performance of this contract upon the part of the Contractor. Default: A dcfault 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 refase to remove materials or perform anew such work as shall be rejected as defective or unsuitablc, 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 thc 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 l¥om 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 m~d 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 thc City shall bc 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 difl'erence 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, thc Contractor and thc surety shall be liable and agree to and shall pay thc City the amount of the excess with damages for delay of performance, if any. 7. Prevailin~ Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) of price of this Contract. The fcc shall bc paid on or before the first progress payment or 60 days from the date work first begins on the Contract, whichever comcs first. Thc fcc 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 WaCe Rates: lfthe amount of this contract is $15,000 or mom, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of thc service work under this contract. Consultant is also required to post thc attached notice predominantly in areas whcrc it will bc sccn by all employees. The Contractor shall fully comply with the provisions of ORS 279.348 through 279.365 pertaining to prevailing wage rates. BY: G i-no~ri~m ald~ City Administrator REVIEWED AS TO CONTENT: D Date: Coding: (For City usc only) PERFORMANCE & PAYMENT BOND The undersigned DUNLAP CONq~RACrPING: r,r.C . as principal, further referred to in this bond as Contractor, and FIRST NATIONAL TN.qrlRAI'q~'~ COMPANY OF AMERICA , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum Of~qlX ~i'[nxlnl~.n rqrtq,WTy W_TVE THOUSAND SEVEN HUNDRED SEVENTY NINE DOLLARS & 70/100 ....... Dollars ($ 695,779.70 ). Contractor and City have entered into a written contract dated 1 0 / 2 7 / 0 3 the following project: Tolman Creek Road Improvement Proiect No. 00-17. 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: If Contractor faithfully performs the Contract within thc time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279.526 through 279.542, then this obligation is null and void; otherwise it shall remain in ~hll force and effcct. If Contractor is declared by City to be in defanlt under the Contract, the Surety shall promptly remedy thc default, perfbrm all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that arc due under the Contract. 3. This bond is subject to claims under ORS 279.526 through 279.542. This obligation jointly and scverally binds Contractor and Surety and their respective heirs, executors, administrators, successors. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond prcmium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as Ibllows. Bond Number: 6197764 Bond Agent Address: Telephone: MANSFIELD~ INC. P.O. BOX 10327 PORTLAND, OR 97296-0327 (503)222-9971 MANSFIELD. INC. .u.meo.OS;,.su ~- P.o. sox 'tga~,? ({ pOrMmhd, OR 97~7 (~) 2~-~7~ I F~: (503) ~ SIGNED this 27th day of OCTOBER 2003. WITNESS: (Corporate Seal) CONTRACTOR:By: ~ ~ Legal Address: Po BOX 1 951 Attest: JACKSONVILLE, OR 97530 Corporate Sccretary WITNESS: (Corporate Seal) SURETY: FIRST NATIONAL INSURANCE C~~F~ ~IC~-- --= ---~ Title: MOLLY K:' ~NSFIELD/ATTO~eXEYkYh-~C2 LegalAddress: 4101 sw KRUSE WAY LAKE OSWEGO, OR 97035 Attest: CoriSorate Secr~ary IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by cerlified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This not~ce does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this I~me there is no premium change resulting from this Act. 4333 l~;onklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: POW'ER OF ATTORNEY No. 4755 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington co~poration, does be,-eby aC:~onint * ********************WILLIAM P. ~LMqSFIELD;, GEORGE A. MANSFIELD;, MOLLY K. MANSFIELD; MICHAEL $. MANSFIELD, Poo. taad, Oo~o********************* its tm* and lawful attomey(s)-in-fact, with full authority to execute on behaif of Ih~ company f~er~ and eursty bonds or undertakings and ~Nher documents of a similar character bsued by the c~:~npany In the oourse of ~s buslnaaa, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the Byq.aw~ of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "A~lide V, Section 13. - FIDELITY AND SURETY BONDS ... the Pm~idon~ any Vk:e President, the Secmta~/, ~ amy Assistant Vice P~esident app<~nted for tha~ puqx~e by file off,::e~' irt charge of surer'/opefaltorts, shall each have authority to appoint Individuals as altomeys-in-fa~ or under o(her ap~-oprta~e title~ wilh authority to execttta on behaif of the o:x~,oaz~y fx:ietEy and surety boc',ds and othe~' documonts of similar character issued by the company in t,he coume of its business... On any instrument rns~ng or ev~::L-~ing suCh ap~3intmer~ the signatures may be ara(ed by facsimile. On any insltume~t confa~ng such authority or on any bond unde~ttaking of the comoany, the seal, or a facsimile thereof, may be i~tpressed o¢' affixed o~ in any o¢hor manner reproduced; I:x'o~4a~ed, however, that the seal shall not Extract from a Resotutkm of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adolXed July 25, 1970. "On any certgcate exe<:t~d by the Secmtac/ar an assistant secxe{ary of the C~'npany setting ouL (0 The provisions of Atticto V, Sedton 13 of ~he Byq.aws, and (Il) ^ copy of t~he power-of-attorney apgoln~ ~ pursuant thereto, and (i~} C.~ying if~at said power-of-attorney ap~Ym~e~t ts in fu~ fore and effect. the signature of Ihe csfl~'ying offlcei' may ha by facsimile, and fha seal of the Compony may be a facsimite thoreof." L R.A. Pi*lsat1, Seca~ar/of FIRST NATIONAL INSURANCE COMPANY OF AMER/CA, do hereby certify that the foregoing extracts of Ih* By4.awa and of a Re~flution and Ih* Poe,~r of Ntome¥ am still in full fome and effect. IN WITNESS WHEREOF, I ha'~ hemur~to set my hand and affixed Ih* facsimile seal of said coq)ora~on SEAL tK t928., R.A. PIERSON, SECRETARY CORD . CERTIFICATE OF LIABILITY INSURANCE OATEIM ,yy, 10/27f2003 , PROOUCE~ MANSFIELD, INC. , P.O. BOX 40327 PORTLAND, OR 97296~)327 503-222-9971 FAX: 503-221-3943 DUNLAP CONTRACTING, LLC PO 8OX 1951 JACKSONVILLE, OR 97530 COVERAGES Serial# B1335 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ,NSU~ER A ASSURANCE ~OMPANY !Nsu~ 8 ASSURANCE COMPANY OF AMERICA ff4SURER C r NSURER E ASSURANCE COMPANY OF AMERICA i A~'~ %(~lCtES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAND NG MAY QL~REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TQ WHICH THIS CERT F CATE MAY BE rSSUED OR po Li CP,~ 'AAA ~RE ~ ,~NT,~UL~MA~ T~Es~F[ O R D E D BY THE POLICIES DESCRIBED H~REIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF' SUCH , WN MAY HAVE BEEN REDUCED BY P~D CLAIMS. i COMM~RC~ALGENERALLIABILITY SCP 37809820 WA STOP GAP pER P UECT ' : AUTOMO~LE. L~ABILITY i SCP 37809820 02/02/03 02/02/03 I DEDUC ,qSLE OTHER SCP 37809820 ~ 02/02/03 ANY & ALL OPERATIONS OF THE ABOVE NAMED INSURED 02/02104 02~02~04 EACHOCCURRENCE ; $ 1,000,000 FFFIRE DAMAGE (Any (~ne fir e)~$ 300!000 P~SONAL & ADVrNJURY I $ 1,000,000 ~NER*~ AOeREO*~E ~ 2,000,0~8 PRODUCTS COMP~PAGG :: 02/02104 E~CH OCCURRENCE AGGREGATE $5,000 RENTED/LEASED $1,000 DED , THE CITY OF ASHLAND, T'S OFF CERS AGENTS & EMPLOYEES ARE NAMED AS AN ADDITIONAL INSUREDS WITH RESPECTS TO THE ABOVE REFERENCED POLICIES, RE: TOLMAH CREEK ROAD LOCAL IMPROVEMENT CONSTRUCTION PROJECT:#00-17 CERTIFICATE HOLDER i x ,!ADOTONAL N~RJFJ~ I~I~JF~)E~ LETTE~ X CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 9?520 CANCELLATION Y~ ACORD 25,-S ~7/~7) eACORr CORPORATION 1988 400 High St SE Salem, OR 973~,2-1000 Toll Free 1-800-285-8525 OREGON WORKERS' COf4PENSAT/ON CERTXFTCATE OF :XNSU RANCE CER'rZFZCATE HOLDER: C.[IY OF ASHLAND ENGINEERING DEPARTMENT 20 E MAIN ST ASHLAND, OR 97520 !he policy of insurance listed below has been issued to the insured named below for he policy period indicated. The insurance afforded by the policy described herein is ubject to all the terms, exclusions and conditions of such policy. pOI ~Cy NO. POLICY PERIOD ISSUE DATE 907319 02/01/2003 TO 02/01/2004 10/29/2003 INSURED: BROKER OF RECORD: DUNLAP CONTRACTING LLC 820 S OREGON ST 3ACKSONVILLE, OR 97530-9321 Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy limit TOLMAN CREEK ROAD IMPROVEMENT Xf4PORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a ma[tar of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 Cl' 'Y RECORDER'S COPY Page 1 / 1 PO NUMBER 04660 VENDOR: 007981 DUNLAP CONTRACTING LLC PO BOX 1951 JACKSONVILLE, OR 97530 FOB Point: Terms: Net Req. Del, Date: Special Inst: Descriptio Tolamn Creek Road Improvements for Local Improvement District, Proiect 00-17 BID Date of contract: October 29, 2003 Contract start date: November 10, 2003 Completion date: June 30, 2004 Insurance required/On file Street-260 08 12 00 704200 $45,000 LID- 260 08 17 00 704200 $240,000 St SDC -260 08 35 00 704200 $320,00( Storm SDC -260 08 34 00 704200 $40 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 Account Number E 260.08.12.00.704200 E 260,08.17.00.704200 E 260.08.34.00.704200 E 26008.35.00704200 00 Amount 45,000~30 240,000p0_ 320,000~0 SHIP TO: Ashland Public Works (541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 Req. No.: Dept.: PUBLIC WORKS Contact: Pauta Brown Confirming? NO Unit Price Ext. Price 645,000.00 SUBTOTAL 645,000.00 TAX 0.00 FREIGHT 0.00 TOTAL 645,000.00 Account Number Amount A u t h o r,r!~e"~n a t u r e ~ENDOR COPY CiTY OF , SHLAND NOTICE OFTRANSMITTAL TO: KARl OLSON DATE: PROJECT: JOB NO.: SUBJECT: NOVEMBER 13, 2003 TOLMAN CREEK RD IMPROVEMENT 00-17 CONTRACT THE FOLLOWiNG ITEMS ARE BEING SENT TO YOU: 1. Original contract for the Tolman Creek Road Improvement Project No. 00-17 2. Requisition fbr purchase order 3. Original insurance certificates 4. Original bond forms ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Paula Brown Department of PublicOk~o~ By: James H. Olson "~/~ Title: City Surveyor / };']tojb,~ Manager PUBLIC WORKS 20 E. Main Street Ashland, Ore on 97520 www.as~land.or, us Tel: 541-488-5587 Fax: 541488-6006 TTY: 800-735-2900 G:\pub-wrks\engXdcpt admin ENGINEER/PROJEC'D2000x00 17 Olson Contract NOT doc REQUISITION CiTY OF -ASI ILAND No PW 322- FY 2004 Department Public Works Vendor DUNLAP CON1RACIING LLC PO BOX 1951 JACKSONVILI,E OR 97503 Accotmt No. Sec Below Datc November 18, 2003 Requested Deli'~ery Date ASAP DeliYer 1o PAULA BROWN Via JIM OLSON hnproven/cnt Streetlund 260081200704200 $ 4~,00000 [.II) Pund 26008 I j/'00 704200 ~- $ 240,00000 Street SD( 260.083500704200 $ 320.00000 StormSDC 260.0834.00704200 $ 40.00000 TOTAL $ 64~000 00 fur Karl: BID /RFP /EXEMPT: Bid Contract Completion Date: June 30, 200d Project No: 00-I 7 ,lob No Unit No / Issued By Date Received B3 G Pubwrks/eng\deptadmin/engiaeer\project\00-17 Dunlap Requisition xls