Res 1475 - Agrmt D&D Paving Co
COUNCIL BILL NO. 1875
RESOLUTION NO. 1475
A RESOLUTION ENTERING INTO AN AGREEMENT WITH D & D PAVING CO.
AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, in July 1997, D & D Paving Co. entered to a public contract with the City
for the construction of the Parr Road LID street improvements, project number 970041-18, bid
number 97-16, and
WHEREAS, the attorney for D & D Paving Co. wrote a letter to the City Council dated
December 19, 1997, raising certain issues about the project and offering to discuss resolution of
these issues; and
WHEREAS, the City Council, on January 12, 1998, directed the City Engineer and City
Attorney to meet with D & D Paving Co. to attempt to resolve the involved issues within the
guidelines discussed by the City Council; and
WHEREAS, the parties desire to resolve certain matters which are in dispute without the
necessity of a legal proceeding and to memorialize the terms of resolution in the agreement,
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into an agreement with D & D Paving Co.
Section 2. That the Mayor is authorized to sign, on behalf of the City, said agreement, a
copy of which is affixed hereto as Attac~~n~d by this referenc.e is incorporated herein.
APprovedastoformm,ryva-~ g- 2!>.- '1~
City Attorney Date
APPROVED7"7 ~ .ri' 7T'--/~
Nancy A. ". sey, Mayor /
March 23, 1998
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Te~t, City Recorder
City of Woodburn, Oregon
March 24. 1998
March 24, 1998
March 24, 1998
Page 1 - COUNCIL BILL NO. 18Z5
RESOLUTION NO. 1475'
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AGREEMENT
ATTACHMENT ...1
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This Agreement is made and entered into as of the date indicated on the signature page, by and
between the City of Woodburn, Oregon, an Oregon IIlllniclpaI corporation, (hereinafter referred
to as "City") and D and D Paving Co., an Oregon corpontion, (hereinafter referred to as
"Contractor").
RECITALS
1. In July 1997, Contractor entered into a public contract with City for construction of the
Parr Road L.LD. street improvements, Project No. 970041-18, Bid No. 97-16.
2. The parties desire to resolve certain matters which are in dispute without the necessity of
legal proceedings and to memorialize the terms of resolution in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
AGREEMENT
1. IncOl:poration of Contract Documents. All provisions and covenants contained in the
Contract Documents for the construction of the Parr Road L.ID. street improvements
(project No. 970041-18, Bid No. 97-16), are hereby specifically incorporated by reference
into this Agreement as if they were fully set forth herein and are in full force and effect
unless specifically modified by specific language contained in this Agreement.
2. COlllPaction. The parties acknowledge that, because of subsurface problems, T-180
compaction could not be obtained and an alternate pavement section (consisting of
additional over-excavation, placement offabric material, additional base rock, and
asphaltic concrete) was installed by Contractor at an additional cost of$72,000.
City agrees to pay Contractor the sum of$27,000 (approximately 37% of Contractor's
additional cost) for the benefit received by City due to construction of the alternate
pavement section.
3. Contract Tenns.
A. Pavement Marking. The parties agree that pavement marking (Bid Item No. 19)
shall be removed as an item from the Contract Documents. Contractor is relieved
from its obligation to complete said item. City may have said item completed by
others and may install different striping materials than was originally bid.
Page 1 - Agreement
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ATTACHMENT~
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B T .andscapini The parties agree that Contractor shall proceed with this item as bid.
No change order sbaIl be issued on this item.
C. Pedestrian Siptl. The parties agree that a change order shall be issued on this
item in the amount of $31,160.14 for Contractor to instaD the pedestrian signal.
The change order sbaJl be processed according to the IlO11D8l procedure.
4. Allocation of Back ~~.
A The parties agree that the $632 bill from Mick DeSantis for the 10 yard load of
concrete shall be paid by Contractor.
B. The parties agree that the $377.40 bill for special directional signing shall be paid
by City.
C. The parties agree that the $500 bill for permanent signs and temporiuy crosswalks
shall be paid by City.
D. The parties agree that the entire cost of tree replacement for the tree removed by
Contractor located on Settlemier Street on the property of Hope Lutheran Church
shall be paid by Contractor.
E. The parties agree that the $53.95 bill for the real estate sign that was destroyed
shall be paid by Contractor.
F. The parties agree that the bill from Northwest Natural Gas for valve relocation
work shall be paid or negotiated by City.
5. Liquidated Damages. Pursuant to the Contract Documents, 47 calendar days of liquidated
damages could be assessed at $220 per day for a total amount ofSI0,340. However, the
parties agree that, due to delays beyond Contractor' s contro~ it would be inequitable for
Contractor to pay the entire liquidated damages amount.
Contractor shall pay the sum of $5, 170 to City as Contractor's fair and equitable share of
liquidated damages.
6. Paving Penalty. The parties acknowledge that the asphalt mix used on the project did not
meet City specifications. However, this was on the "B" mix used as base material and will
not be subject to raveling.
City agrees to assess no paving penalty against Contractor.
Page 2 - Agreement
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ATTACHMENT A
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7. Govemilli Law. This Agreement shall be governed by the Jaws olthe State oCOregon.
Any action commenced in connection with the Agreement shall be commenced in the
District or Circuit Court of Marion County.
8. ColllP1ete A&reement. This Agreement is the complete and exclusive statement oCtile
Agreement between the parties and supersedes all prior agreements, oral or written, and
all other communications between the parties relati~ to the subject matter of this
Agreement. No waiver, consent, modification, or change in the terms oftbis ~ent
shall bind either party unless in writing and signed by both parties
CITY OF WOODBURN
~an:~:~~J
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Date: /1a.,-d ~,/, 1'1 J<jf
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D. &DPAVINGCO.
7 ~_~'>od"~,,_...:.-/
~m Wier, General Manager
Date: 3' -/~-??
Page 3 - Agreement
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