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Home My WebLink About2001-042 Contract/Change Orders - Eric Artner Construction 20 E MAIN ST. ASHLAND, OR 97520 ~'~ (541) 488-5300 VENDOR: 004094 ERIC ARTNER CONSTRUCTION PO BOX 609 JACKSONVILLE, QR 97530 I 5/2/01 -I 02093 SHIP TO: Ashland Public Works (541) 488-5587 27-1/2 N MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req, Del. Date: 5/7/01 Special Inst: Req. No,: Dept.: PUBLIC WORKS contact: Paula Brown Confirming? NO BLANKET PURCHASE ORDER ~ ~ 25 40700 Project 98-20~ Beginning Date: 05/07/2001~ Bid/Insurance on File SUBTOTAL 95,407.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 95,407.00 ASHLAND, OR 97520 E 730.08.24.00.704100 95,407.00 VENDOR COPY CiTY OF -ASHLAND REQUISITION JACKSONVILLE OR 97530 No. PW 120 -FY2001 Department PUBLIC WORKS Date 30-Apr-0 l Vendor PO BOX 609 Requested Delivery Date ASAP Deliver To PIETER SMEENK Via PAULA BROWN (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on priming jobs.) Account No. 730.08.24.00.704100 Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. 98-20 CONTRACT FOR B STREET YARD $95,407.00 $95,407.00 IMPROVEMENT PROJECT NO. 98-20 Job No. Unit No. l hereby certify that the above items are necessary for the operation of this department and are budgeted / Oepa. men&a% ^u,ho. Issued By Date Received By G:dept-admin\engineer\project\98-20 Requisition Eric Artner.xls CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION ,C,,~tt~r,,a, Cat~daEdrei;~t~sdl~y:~~ J~li( , ~[ , between the City ofAshland, ( ' y ) ' t uct'on Co. '(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 B Street Yard Improvement Project 98-20. 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 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 $95,407.00 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 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 G:~pub-wrks~ng\dept-admin\ENGINEER\PROJECT~1998\98-20 Contract BOLl Accept Ltr.doc 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. CONTRACT~ By: Its: By: / /~ , ,,~'~¢,,f,.¢_,~ -- G reg ~Scol/¢~ REVIEWI~DIAS TO FORM: By: ~orney Date: REVIEWED AS TO CONTENT: Dej;~rtm'ent Head Date: Coding: "~ ..~. (For City use only) G :~pub-wrks\eng\dept-admin\E N GI NEE R\PROJECT~1998\98-20 Contract BOLl Accept Ltr.doc ACORDT CERTIFICATE OF LIABILITY INSURANCEDATE,MM,OO,YY) 04/IZ/2001 PRODUCER (541)857-0679 Ashland Insurance, Inc. 1245 N Riverside #23 Medford, OR 97501 Thomas Wilson FAX (541) 857-9883 iNSURED Eric Artner Construction, Inc. 3826 Livingston Road Central Point, OR 97502 COVERAGES THIS CERTIFICATEISISSUED AS A MATTER OFINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BY THE POLIClES BELOW. INSURERS AFFORDING COVERAGE INSURER A: SAIF Corporation INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICieS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE ~MMIDDIYYI DATE ~MMIDD/yy) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I COMMERCIAL GENERAL LFABIUTY FIRE DAMAGE $ (Any one fire) I CLAIMS MADE I I OCCUR MED EXP (Any one p ..... ) $ PERSONAL & ADV iNJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/Dp AGG $ I POL,CY I--~ o~c~ ~LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE I OCCUR [~ CLAIMS MADE AGGREGATE $ $ I DEDUCTIBLE $ RETENTION $ $ WC STATU- WORKERS COMPENSATION ANO ~22849 O7/O1/2OOO 07/01/2001 ITOBYL'M'TSI EMPLOYERS' LIABILITY A Ei EACH ACCIDENT $ 100 , 00( EL DISEASE - EA EMPLOYEI $ lO0, OOC E.L. DISEASE - POLICY LIMIT $ 500 ~ DOC OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 3 St. Yard Construction CERTIFICATE HOLDER I ] ADDITIONAL INSURED; iNSURER LETTER CANCELLATION City of Ashland Public Works 27 1/2 N. Main Ashland, OR 97520 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICieS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WtLL ENDEAVOR TO MAIL i0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTIC~ SHALL IMPOSE~/TION R LIABILITY OF ANY KIND ~.tI:~-~GENTS O~Es. "-~ - -(~-ACORD'~CORPORATION 1988 PERFORivlANCE & PAYMENT BOND BOND NO. 1838475 The unclersignecl ~nTn ~,m,m~ ?,r~T~,~,~,Tr~ r~n __- , as principal, further referred to m th~s bond as Contra~or, an~suRA~cE c0u. A~ ~suretv fu~he~ referr~ to in this bond as Surety. are jointly and ~everally bound u~to City of Ashland, as obligee, fu~her refaced to ;n this bond as C~y, in the sum of N ~TY-~ ~vR m~n[]R~ND, FOUR ~NDREDolIars ($ 95,407.0~.~ J. SEVEN DOLLARS Conlra~or and City have ante,ed into a wri~en ~ntract dated. 4-13-01 , for the cont~ is ~her referred to in %hi~ b~ as th~ C6~t~a~-~ ~sq~o~orat~ tn~ this bond by this referent. The conditions of this bond are: if Contractor fait~.fully performs the Contract within the time prescribed by Contract, and promptly makes payment to all claimants, as defined in ORS 279.528 through 279.542, then this obligat{on is null and void; otherwise i~ shall remain in full forc~ and effect. if Contractor is declare~i by City to be in default under the Contract, the Surety shall promptly remedy t~e default, perform ail of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City al) 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. 5 Nonpayment of the bond premium shall not invalidate this bored. The bond number and the name, addrem,, and telephone number of the agent auf~orlzed to race;ye nat;cat ~onoern;~g th;s bond are &e Bo~ NumDer. 1838475 KW INSURANCE SERVICES __~12 E..JACXBON ST. M~D~ORD OR. 97504 WITNESS: C¢ors~ors~ 779-6444 Artist: No. O00I~S 1 ICW GROUP Power of Attorney Insurance Company of the West Explorer lnsursace Company Independence Casutlt~ a~d SuFety Company KNOW ALL MEN' BY THESE PRIESt~ITS: That Inaurence Company of th~ W~t, a Corporation duty or~fl/znd under the t*ws of tho Siam of Cafifomia, Hxplor~r IM~rnnoe Cempnny, a Corl~niion duly orgtrtiz~d trade' tl~ hws of ~h~ Sts~ of Arizona, and In~pend~l~oe Cuualty lad SumF Company, a Corporation duly or/anized unde~ the ~ws of the S~te of Texas, (¢ollecuvely referred i~ sa the "compames"), do h~reby aPPOint WILLIAM E, SPICER their ~ue end lnwf.~! ~s)-m-Fact with audacity to date. ex~oute, si~t, seal, end doliv~r on b~half of th~ Companies, .~l~i~llty nnd surety boads, unda~k~s, IN WITNESS WHERF. X)F, ~ Companies have ~used h'lese pre~al~ to b~ executed by its duly autho-~Zed offioers ~hls 16ih d~,y c/F J~nuary, 2001. ~ ~ Q INei~rR~NCE COMI~ANY OF THE WE~T i~XPLGI~R ~SURANCR COI~IY INDEPIKNDI~,NCE CASUALTY AND SLcI~ETY CO1V~A.~I/ John H. Craig, Aspirator Seoretary Bats of Califom~ John L. Hennum, B~cutiv~ Vice Preside~: On ~vau), 16, 2001, be~ore me, Noa~ Porter, Notsr,7 Public. petsormlly ap~ared Joim L Harmum and John H. Cr~iti, l~aOnnlly known to me to ~ t~ pe~ecr~ whose mme~ are aubecn~l t~ the wig~in inatnmtent, and aoknowl~ed to n~ tha~ they executed the ~me in linear authorized capacities, and that by thoir s~naivr~s on ~he ~ the e~t~ upon behalf of which ~ persons acted, execu'~c[ tha inslrummt. Witness my hand an~ official seal Norma Por~r, Nota~ Public Thin l~ow~ of Attorney i~ 8rant~l end is n~, ~ ~d n~ wi~ ~csi~l~ s~s aM ~a~ ~r a~o~ of ~ ~l~w~ m~lu~ "~L~D: T~t ~ ~M~, an Ex~ or ~ni~ Vi~ Pmm~m of ~ Com~y, to~ w~ ~ ~r~ ~ any ~, are ~r~ a~ to ~o ~s of A~ a~ln~ ~ ~(m) m~ al A~(s)-m-Fsct to ~te. ~x~, ~1, ~ ~li~ on ~lf of ~ ~ny, fi~l~ and s~ ~r~, ~mk~, I~ o~r si~hr co~c~ cf s~ip, ~ eny ~a! of ~e C~ny, ~y ~ fuc~ile ~nMt~ of ~ ~ aM ~ab. aM s~h fa~ib ~mtioM ~11 h~ ~ f~ ~ ~ u d ~n~lly affiX. T~ t~ile ro~mtio~ ~f~d m ~n ~y ~ affix~ ~ sm~ ~nUfls, ~ or C~T~ICAT~ h~by =~fy ~i ~ f~o~ ~ ofA~m~ ~ m ~1 fo~ and ~ff~t a~ ~s ~t ~n ~k~ a~ ~ ~ a~x,e ~lu~o~l were ~y r~i~ B~ of ~reaors d ~e ~nms, n~ a~ ~w in ~ll fore John H. Craig, Assistant ~mtary To v,,ni'y the auth~nuci~ of this Power of At~m~y ~ou may call 1..800-1i88-1111 end al, k for lh~ Surety Diviaio~. Pl~s~ r~f~ to th~ Pcwsr of Attorr~y Ntunbei', th~ ~bova mmsd individual(~) and 4~ila of~ bond ~o which tl~ power ~ ~lchsd. CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 NOTICE OF TRANSMITTAL TO: CRI OLSON SHARLENE STEPHENS DATE: PROJECT: JOB NO.: SUBJECT: APRIL 30, 2001 B STREET YARD IMPROVEMENTS 98-20 CONTRACT & REQUISITION THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Kari - Please find attached one original contract from Eric Artner Construction and requisition; please execute a PO for this project. Sharlene - Please find attached a copy of the contract and insurance information for Eric Artner. ENCLOSED ~ UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Public Works Engineering Department By: Dawn Cu~___~_~ Title: Admini~[r-t~tive Secretary G:\pub-wrks\eng\dept-adminXENGlNEER\PROJECTx1998\98-20 Contract Req NOT.doc