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HomeMy WebLinkAbout1999-050 Contract - SO UndergroundCITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this day of ,e:]~Or~ / ,19'~a;, between the City of Ashland, ("City") and .5o~h'rr~ Ore,~arz &/n~r~rOt/~r;F ("Contractor"). City and Contractor agree: Contract Documents: This contract is made as a result of an Advertisement of Bid issued by City for the Wightman Street Storm Drain Phase III Project No. 97-43. 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. Scope: Contractor shall begin and complete the project described 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. Price and 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. 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 ~s/,iq 74~ .~0 conditioned upon the faithful performance of this contract upon the part of the Contractor. Default: A default shall occur under any of the following circumstances: 5.1 5.2 5.3 If the Contractor fails to begin the work under the 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. 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 unsatis~ed for a period of forty-eight hours, or shall make an assignment of the benefit of creditors. From any other cause whatsoever, shall not carry on the work in an unacceptable manner. Remedies: In addition to the fights and remedies to which the City may be entitled by law for the enforcement of its fights under this contract, City shall have full power and authority, without violating this contract, to take the 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 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 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 17 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. o P revaili ng Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1%) of the price of the 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 Bureau of Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland OR 97232 The Contractor shall fully comply with the provisions of ORS 279.348 through 279.365 pertaining to prevailing xvage rates. BY: Its: -5 cc ~3Ca,~' ~ REVIEWED AS TO FORM: BY: Date .-C itY"'~;T?~ CITY OF ASHLAND Mike Freeman City Administrator REVIEWED AS TO CONTENT: BY: "/'i' Depat4rtm~/nt Head Date: Coding: (for City use only) 18 DUPLICATE ORIGINAL 4-20-99 Bond No. 522592P PERFORMANCE AND PA~ BOND Th~und~rsign~d Southern Oregon Un~reground, inc. _, a s prin~ipal, furtherr~f~Tecltoin~hi-~bondasContrac~or,:d. Developers Insurance Company .m~y, ftwth~ nsfenrsd m in this bond as Surety, ~rsjc~infiy.and sevenlly bound unto City of Ashland, as obligee, further tderred/ointhisbondasCity, inthesumof One HundredDollars($155.746.50 ). Fifty Five Thousand S~ven Hundred F~rty Six and",,90/]00 ' Contractor and City have entered into a writtell ~ ris' Wighlman Slzest Storm Drab Phase r17 Project. This contzaot is further re~en~ to in this bond the Conwatt and is incorporated into this bond by this refez~nce. The conditions of this bond are: If Contractor fakhf'ully ~fOAmS the Conna~ within the time presgn'bed by the Contract, and promp~y mak~.s payment to all cl-~m$nts, ~s defined in ORS 279.526 thzou~ 279-542, then ~ obligation is null and void; otherwise it ahall remain in full for~ and effect If Conwactor is declared by City to be in de. fauit under th~ Contragt, tl~ Sumy .~h.ll pmmp~y remedy th~ defauk, perform all of Contractor's obligations under the Conna h a~wntan~e. with its terms and conditions end pay to City all damages that are du~ under the Contract 3. Th~ bond is subjeb-t to claims unde* ORS 279.526 tln'ou~h 279.54% This obligation joinfly snds~vera!ly binds Conreactor and S mew and theirrespective hein, executor, 5. Surety waives notice of modi~c~ons of the Contract or ~on of the Contract time. 6. Nonpayment of the bond prenimn shall not invalidate this bond- 15 DUPLICATE ORIGINAL 4-20-99 The bond number and the name, addrc~, ar~ telephone nurnbe~ of the a~ent authorized to ru:ei~ noticu concerning this bond are as ~ollows: Bond Numb: - 522592P Bond Agent Developers Insurance Company Address One Centerpointe Drive Suite 420 Lake 0swego, 0r. 97035 Telephone (503) 684-9606 SIGI~VED d~is 6th day of Apri 1 .19_2,99. WIq'NESS: (Cor. pom~ ,S~t) V~ESS: Contrac~orSo. uthern 0r, .qon Underqround~ Inc. Tide F}-~'S' . . Le2alAddrcss ~ O. ~c'~ e~ Jk:.b C,-47, e, & Slit'sty Developers Insurance COmO~Jl.V ~nette L. McWi 11 iams/A. ttorney-In-Fact LcgalAddmisOne Centerpointe DF. Ste 420 Lake 0swego, 0r. 97035 Attest POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY .o ,.v,.E, cA 9262 . i9491 263-3300 N-° 0 2 8 O 2 6 NOTICE: ! All De'war and authority heroin granted shall ~n any event terminate on the 31 st day of March, 2002. 2 This Power of Attorney ~s void if altered or ff any pomon is erased. 3 rh~s Power of Attorney ~s void unless the seal ~s readable, the text is in brown ~nk, the s~gnatures are in blue ink and this notice is in blue ink. 4 r h~s Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligeo's records. KNGV'~ A[L ~,4, ,j F" THESE PRESENTS, that except as expressly I,m!ted INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, ***STACY A. FLYNN, RICHARD W. KOW ALSKI, EDWARD M. THOMPSON, JANETTE L. McWILLIAMS, JUDY M. AUSTIN, MELISSA C. JONES, JOINTLY OR SEVERALLY*** the true and -. i~ A!torne¥(s) In-Fact, to make execute deliver and acknowledge. for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship ,r an amount ' e~!aed~ng Ten Million Dollars ($10000000) ~n any s~ngle undertaking; giwng and granbng unto said Attorney(s)-In Fact full power and authority to do and to perform e~en,,' act ner~ ',ar'~ -equ~site or proper to be done .n connecbon therewdh as each of sa~d corporations could do, but reserving to each of said corporations full power of substitution at,r! re~ocath ' md II of the acts o+ sa~d Attorney(s) In FaCt, pursuant to these presents, are hereby ratified and confirmed. ~n.s Power n' -"To,n!,/~s granted and is Signed by facsimile under and by authority of the forlowing resolulions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA an~: DEVELOPERS INSURANCE COMPANY, effechve as of Seplember 24, 1986: R , )L 4 D, that the Cha.rman of the Board, the President and any V~ce President of the corporations be, and that each of them hereby is, authorized to execute Powers of Attorney. aua, ~ iqQ the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporahens, bonds, undertakings and contracts of suretyShip: and that the Secretary o' any Ass.st:~ ~ec~-~.tary of the corporations be, and each of them hereby is authorized to attest the execution of any such Power of Attorney; q! ' -,L,./.~ iD, FURTHER. that the s~gnatures of such Officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power o' Attorney o' -d,fK ate beanng such facsimile signatures shall be valid and Dmding upon the corporation when so affixed and in the future with respect to any bond, undertaking or ~ontract of s~ "~ ,srl,; to which it Is atlached. ~,i W',TNESS ,', ~EHE )F. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective P, +~s~dents af de.~!,~d b,,' their respecteve Secretaries th~s 22rid day of December, 1998. INDEMNITY ~:: ~ ~MPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY B,¢ Walter Crowell Secretary OCT 5 c 1967 ATI'EST By ..... ~~ ~ Waiter Crowell Secreta~ STARE OF CI~ )PN A ;, ) SS. COI)NT'~ OF:, !:ANG!: } Gr, ~eceelber 22. 1998, before me. C. Hollister. personally appeared Dante E Vincenti. Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory ev, ~nce, to be the person(s) whose name(s) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityties), ~: ~ that by h~s/her/the~r signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. CERTIFICATE S~qr,ature W' ' ~ESE y hand and official seal t' COMM. # 1192615 Notary Public - California OBANSE COUNt' ~i .... aer:,igned. as Senior V~ce President of INDEMNITY COMPANY OF CALIFORNIA, and Semor Vice President of DEVELOPERS INSURANCE COMPANY, does hereby :;ernfy that the rego~ ~g and attached Power of Attorney remains m full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards ~! D,rectors of - :~, ,:r,'Oorabons set fodh in the Power of Attorney, are ~n force as of the date of th~s Certificate. f~: ~-~rtl!,cate is executed m the Cit~, of Irwne California, this 6 t-h day of _~p~':j_t _ , 1999 . INDEMNITY COMPANY OF CALIFORNIA By - ~ OCT5 m ~ 1967 o Sernor Vtce President ~ ~ ID 314 HEy rI ~dl DEVELOPERS INSURANCE COMPANY Senior Vice President CITY OF ASHLAND CITY HAL ASHLAND, OREGON 97520 L TO: NOTICE OF TRANSMITTAL BARBARA CHRISTENSEN KARIOLSON JILLTURNER SHARLENE STEPHENS DATE: PROJECT: JOB NO.: SUBJECT: MAY 19, 1999 WIGHTMAN ST STORM DRAIN, PH III 9743 CONTRACT DOCUMENTS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Barbara, original contract and performance band for filing. Kari Olson, copy of contract with invoice. JiliTurner, copy of contract and bond. Sharlene, insurance certificates. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Paula Brown Department of Public Works aager~ Engineering Department rvices M (G:dawn\NOTmemo from ODOT to staff)