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Home My WebLink About1998-028 Contract - Burl Brim CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this 'Z~'~ay of March, 1998, between the City of Ashland, ("City") and Burl Brim Excavations ("Contractor"). City and Contractor agree: Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Construction of a Storm Drain on Mountain Avenue, Project No. 98-03. 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. Payment shall be made in a lump sum basis of $24,999.00. Bond: (Bond requirements are waived for this project.) 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 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 unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors. From any other cause whatsoever, shall not carry on the work in an acceptable manner. 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 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 contact, shall be deducted from any money due or which shall become due the Contractor. In case PAGE 2 (c:engineer\montstdr .Doc) 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 receive 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 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 the Bureau of Labor & 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 O.R.S. 279.348 through 279.365 pertaining t~ iBtsY.. :~/~/f 7 ~.~Tyling BY: Its: REVIE.~VED AS TO FORM: BY City Att9rney Date ~ [Z,6, (q ~ wage rates. Prevailing wages apply on projects in excess of $25,000. CITYO~ ASHLAND ,, l~rian Almqulst City Administrator REVIEWED AS TO CONTENT: BI~eY a~ment~te Coding (for City use only) PAGE 3 (c :engineer\montstdr .Doc)