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Home My WebLink About1999-157 Contract - VersatileCITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ?-7 J,~ day of/::),~YZ , / ~2,¢ , between the City of Ashland, ("City") and CPf-;,'_-~-/Z/'/,,, 7_7_~,gx'f~ "(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 Oak Street Traffic Calming & Sidewalk Construction Project No. 99-11. 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 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 the faithful performance of this contract upon the pa~ of the Cont;actor. 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. 5.3From 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 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 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. 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 The Contractor shall fully comply with the provisions of ORS 279.348 through 279.365 pertaining to prevailing wage rates. CONTRACTOR CITY OF ASHLAND Mike Freeman City Administrator By: Its: BRyE:VIEi~ED~ City Attorney Date: Coding: (For City use only) PERFORMANCE & PAYMENT BOND seND#: Z~E 6 ~ 41001 The undersigned VERSATILE CONCRETE CONSTRUCTION, INC. , as principal, further referred to in this bond aS' ContraCtor, and GULF INSURANCE CC:X~AN'Z , as surety, further referred to In this bond as Surety, are jointly and severaiiy bound unto City of Ashland, as obligee, further referred to in this bond as City, in the SUITI Of ONE htTNDRgD FIFEY-SgVgN 'I~{OUSAND K)LTR HUI',DRED FIFI~BEN AND 17ORgY-FIVE/100 DOLLARS ($157,415.45) Contractor and City have entered into a written contract dated , for the following project: OA~ STREST TRAFFIC CLANING AND SID:EWALK CONSTRUCTION PROJECT NO. 99-~1ThiS 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: !f 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. 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. This bond is subject to claims under ORS 279.526 through 279.542. This obligation jointly and severally 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. ** Nonpayment of the bond premium shall not invalidate this bond. **PROVIDED THAT ANY MODIFICATION OR CHANGE TEN PERCENT (10%) OF THE ORIGINAL CONTRACT SEEKING THE SURETY'S APPROVAL** ORDER SHALL NOT EXCEED PRICE WITHOUT FIRST O:Dawn*d~nalneefiProjec"~99-11 Oak Street Traffic Calming and Sidewalk Construction,dec 14 The bond number and the name. address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: AE 6141001 Bond Agent: SKINNER BONDING OF OREGON, INC.... Address: 0123 S.W. HAMILTON Telephone: SIGNED this WITNESS: (Corporate Seal) WITNESS: (Corporate Seal) PORTLAND, OR 97201 ('503) 226-6444 24TH day of AUGUST .... Contractor: VERSATILE CONCRETE CONSTRUCTION, INC. Legal Address: ~lb(~, <j, PbtooL,'~,/'/~-,1 Attest::~~u-z-,~. ~ rpor~ie Secre~ry ' · K R I~H E~ H AN' Title/TTORNEY..- IN- FACT ....... Legal Address: 0123 S .W. HAMILTON PORTLAND, OR 97201 Attest: CorpOrate Secretary G:Dawn~,Englneer~ProJect,\98-11 Oak Street Traffic Calming and Sidewalk Construction,doe ; 5 GUL,-*: INSURANCE COMPANY ST'. LOUIS, MISSOURI )",.VI::R ~)1; :\TTORNI,~'~ 61410[)1 NUMBEEF~ AE ':'H',:',~C'~;,:~ VERSATTLE CONCRETE CONSTRUCTION 2106 S. PACZFTC TALENT, OR 9 ? 540 BOF'JD AMOUN"~ INC. .... Kristy Sheehan, Mary-Anne Skinner OF PORTLAND, OREGON i,ol!d~ Lithi 'littk'l:jk;,l~% ,q tilL't> -jlliI. Ha,J, "j"',i i ,:it' hl,!H:d~' ( _ ',% ~ "~ .', , 'i" ' .... , 1996 ~.J).. Jlt'l'm!l'i' flit' t'alll[, ('JlriMmml)hcr I %%;iJ~il!!, klln%~li h, 1111" [xY~m;imajj} '.~hd hi'Illk Ii~ fl,l' dtiJ~ ~,~1'1t. {li~ (J(.[)l,%,, as,l -, oj' ~%t'MchcMel% Ntatc ill' Nc'~ York: Ih;ll Ill i~ lhc Pm'rsidt'nl illNtl'tllllt'lll; thai Jli' kll(l~s% ihe ~ea[ 14' ~ai(] cnrpin'ali4nl; thal tht. lhc B4mard .f I)ircctor~ Ill' ~;li(l c.rpnr;Hion and dI;ll he q~.cd hi, / k ' Ll ',.,,.d n 24TH t,,~ .i AUGUST 99 CITY OF ASHLAND LEGON AS/,f '.. CITY HALL ASHLAND, OREGON 97520 NOTICE OF TRANSMITTAL TO: BARBARA CHRISTENSEN KATHY GRIFFIN KARI OLSON DATE: PROJECT: JOB NO.: SUBJECT: 9/9/99 OAK STREET TRAFFIC CALMING 99-11 CONTRACT DOCUMENTS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Kathy Griffin- Original insurance certificates, copy of contract and bond. Barbara Christensen - Original contract and bond. Kari Olson - Copy of requisition, copy of contract. ENCLOSED ~/ UNDER SEPARATE COVER REMARKS: COPIES TO: Paula Brown Department of Public Works Engineering Department By: Jim Olson Title: Engineering Services Manager G:Dawn\Engineer\Project\99-11 Contract Distribution Memo.doc