HomeMy WebLinkAbout2005-041 Contract - R&G Excavating
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
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Contract made this J t day of Februarv. 2005, between the City of Ashland,
("City") and R&G Excavating "(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 Main Feeder & Raw Water Pipeline Project No. 03-15.
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 described in the
contract documents within the time prescribed in the contract documents. The fc)llowing
exceptions, alterations, or modifications to the contract documents are incorporated into
this contract: Base bid price plus selected alternatives:
Award
Alternative A: Items 21, 143, 144, 145, 146
Alternative B: Item 81
Alternative C: Items 87, 98, 99, 100, 101
Alternative D: Items 79, 82
Alternative E: None
Alternative F: None
Alternative G: Discretionary Item
No Award
Items 147, 148, 149, 150, 151, 152
Item 78
Items 88, 89, 102, 103, 104, 105
None
Item 57
Item 72
Item 130: Award one only
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$2.018.876.54 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 Inay 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
ground that may be suitable and acceptable and may cause a contract for the conlpletion
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 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 bet:n
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
this contract and to any subcontractor who performs 50% or more of the service work
under this contract. Consultant is also required to post the attached notice predorninantly
in areas where it will be seen by all employees.
The Contractor shall fully comply with the provisions ofORS 279.348 through 279.365
pertaining to prevailing wage rates.
CONTRAWO.1 ./}..;};}
By: "~f- t~1
/){t flll1tEfl L/ f.
(Printed Name)
CITY OF
By:
Its:
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REVIEWED AS TO
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Date: :f/<i!O"~
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Date: ] /f<" .". i)'
(For City use only)
PERFORMANCE & PAYMENT BOND
The undersigned
R & G EXCAVATING, INC.
, as principal, further
referred to in this bond as Contractor, and TRAVELERS CASUALTY AND SURETY 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 Two million. eighteen
thousand. eight hundred seventy-six dollars and fiftv- four cents Dollars
($2.018.876.54).
Contractor and City have entered into a written contract dated February
, 2005
, for
the following project: Main Feeder Raw Waterline Replacement Project 03-15. 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 performs the Contract within the 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 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.
7. The bond number and the name, address, and telephone number of the
agent authorized to receive notices concerning this bond are as foJllows.
Bond Number: 104454084
Bond Agent Willis of Oregon
Address:
PO Box 8699
Portland OR 97207
1800 SH First Avenue. Suite 400
Telephone:
(503) 224-4155
Portland OR 97201
SIGNED this
11th
day of February
WITNESS:
CONTRACTOR:
By:
Title:
(Corporate Seal)
2005.
R & G EXCAVATING, INC.
IV- 1?d4
1/, p
Legal Address: 39300 Montgomery Drive
Scio OR 97374
Attest: /~-f'C, /1 Cri~~ s:CZd;J2~~,
WITNESS: P6db~
(Corporate Seal)
SURETY:
By:
Title:
TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERiCA
,J
Harris, Attorney-in-fact
Legal Address: 4000 Kruse Way Place. Bldg ~ 1, Suite 265
Lr~ Oswego OR 97035
Attest: .l ~ J:::~f::JtaPj-
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations dilly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Lynette G. Harris, Edward M. Thompson, of Portland, Oregon, their true and lawful
Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United
States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and
other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the dilly authorized officers of the
Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided 1hat each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Ex,ecutive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or theur certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(05-04) Unlimited
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II!i STPAUL
'IIIJ TRAVELERS
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On Nov. 26, 2002, President Bush signed into law the Terrorism
Risk I nsurance Act of 2002 (the "Act"). The Act establishes a
short-term program under which the federal government will share
in the payment of covered losses caused by certain acts of
international terrorism. We are providing you with this notice to
inform you of the key features of the Act, and to let you know what
effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the federal government
will pay a share of such losses. Specifically, the federal
government will pay 90 percent of the amount of covered losses
caused by certain acts of terrorism, which is in excess of an
insurer's statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the
federal government or an insurer can be responsible at
$100 billion, provided that the insurer has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
ILT-10l8 (9104)
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CITY RECORDER'S COpy
Page 1 /1
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541 ) 488-5300
. 3/22/2005
05851
VENDOR: 009545
R & G EXCAVATING INC
39300 MONTGOMERY DRIVE
SCIO, OR 97374
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 3/19/2005
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Joe Strahl
Confirming? No
BLANKET PURCHASE ORDER
Main Feeder Waterline Construction
Project 03-15
Project Managers: Pieter Smeenk, Ed
Olson
Engineering: Brown & Caldwell
2,018,876.54
BID
Contract: February 11, 2005
Beginning date: March 19, 2005
Completion date: July 2005
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
IFREIGHT
TOTAL
2 018 876.54
0.00
0.00
2,018,876.54
E 670.08.15.00.704200
E 670.08.36.00.704200
1 514157.41
504719.13
~~~~5:J--
VENDOR COpy
CITY OF
ASHLAN:D
REQUISITION
No. PW - FY 2005
Department PUBLIC WORKS
Vendor R&G EXCA VA TING INC.
39300 MONTGOMERY DRIVE
SCIO OR 97374
Account No. 670.08.15.00.704200
670.08.36.00.704200
Date March 7, 2005
Requested Delivery Date
Deliver To Dawn Lamb
Via
ASAP
750/0 (* Note: Please allow approximately two(2) weeks for delivery on items not
250/0 generally caried in stored, and approximately two (2) months on printing jobs.)
I ,
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price PO No.
Main Feeder Waterline Construction Project
Pieter Smeenk! Ed Olson project managers
Brown & Caldwell performed engineering $ 2,018,876.54
TOTAL $ 2,018,876.54
for Kari:
BID /RFP I EXEMPT: bid
Contract Start Date: March 19,2005
Contract Completion Date: Jul-05
Insurance on file: I YES I NO
Project No: 03-15
. I
Job No.
Unit No.
I hereby certify that the above items are necessary for the operation
of this department and are budgeted
~
.--Department Head or Authorized Person
Issued By
Date
Received By
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G: Pub-wrks/eng/dept-admin/engineer/projecVG:\pub-wrks\eng\dept-admin\ENG IN EER\PR OJ ECT\2003\03 -15 RG Requisition 3 05.xls