HomeMy WebLinkAbout1998-118 Contract - VersatileCITY
oREGON
~(-~':'?~:~-)~ C IT Y H A L L
NOTICE OF TRANSMITTAL
TO: BARBARA CHRISTENSEN ~ DATE:
BOB NELSON PROJECT:
JILL TURNER JOB NO.:
KARl OLSON SUBJECT:
SEPTEMBER 25, 1998
1998 MISC CONCRETE CONST.
98-08
CONTRACT
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Barbara Christensen - Original contract and performance bond for the 1998 Miscellaneous Concrete
Construction.
Bob Nelson - Copy of contract and bond.
Jill Turner - Copy of contract and bond.
Kari Olson - Copy of contract and original requisition #0640.
ENCLOSED -"'"'"'""'"'~'~ UNDER SEPARATE COVER
REMARKS:
COPIES TO: Paula Brown, Roger Balbo, Everett Swain, Pat Harney, Versatile Concrete
Department of Public Works
Engineering Department
By: Jim Olson
Title: Assistant City Engineer
G:Dawn\Engineering\Project~98-08 Contract, bond and requisition NOT.wpd
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
21 da
Contract made this y of 4kug,;~, 1998, between the City of Ashland, ("City") and Versatile
Concrete Construction Inc.("Contractor").
City and Contractor agree:
Contract Documents: This contract is made as a result of an Advertisement for Bid issued by
City for the 1998 Miscellaneous Concrete Construction Project No. 98-08. 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 $116,489.80 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
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 unacceptable
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 fbr 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
(;:Dawn\Engineer\ProjectL98-08 Contract w Versatile.wpd
completing the work under the contact, 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 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 the 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 t~e 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 to prevailing wage rates.
CONTRACTOR
BY:
Its:
City
ninistrator
REVIE)3~I~D.~ TO _FORM:
BY t't~ 0 ~
City Attor..n~y
REVIEWED AS TO CONTENT:
DeIIhrtment ~ead Date
Coding
(for City use only)
G: Dawn\Engineer\Proj ect\9 8-0 8 Contract w Versatile.wpd
PERFORMANCE BOND
Bond No.: SO 39420
KNOW ALL MEN BY THESE PRESENTS: That we, Versatile Concrete Construction, Inc.
herein after called Principal, and American Reliable Insurance company a corporation organ-
and exiting under the laws of the state of Arizona as Surety, hereinafter called Surety,
are held and firmly bound unto city of Ashland
hereinafter called obligee, in the amount of
one Hundred sixteen Thousand Four Hundred Eighty-Nine and Eighty/100 .......
($ 116,489.80 )
Dollars, for the payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators or successors, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated September 16, 1998 entered into a contract
with obligee for:
1998 Miscellaneous Concrete Construction Project No. 98-08
in accordance with drawings and specifications prepared by the Owner.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly and
faithfully perform said contract, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
whenever Principal shall be, and declared by Obligee to be in default under the Contract, the
obligee having fully performed obligee's obligations thereunder, the Surety may promptly re-
medy the default, or shall promptly:
(1)
(2)
Complete the work under the contract in accordance with the plans and specifica-
tions, or;
obtain a bid or bids for submission to obligee for completing the work under the
contract in accordance with the plans and specifications and upon determination by
Obligee and Surety of the lowest responsible bondable bidder arrange for a con-
tract between such bidder with corporate surety and obligee, and then pay the
Obligee the bidder's price less the balance of the contract price; but not exce-
eding, including other costs and damages for which the surety may be liable here-
under, the amount set forth in the first paragraph hereof. The term "balance of
the contract price" as used in this paragraph, shall mean the total amount payable
by 0bligee to Principal under the original contract and any amendments thereto,
less the amount properly paid by obligee to Principal.
Any suit under this bond must be instituted before the expiration of one (1) year from the
date on which final payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the obligee named herein or the heirs, executors, administrators, or successors of
Obligee, and this instrument may not be transferred or assigned without the written consent
of surety.
Signed and sealed this September 16, 1998, in the presence of:
Versatile concrete construction, Inc.
American Reliable Insurance company
or lrysta Burgas/Attorney-In-Fact
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
AMERICAN RELIABLE INSURANCE COMPANY
Administrative Office: 8655 E. Via de Ventura, Scottsdale, Arizona 85258
GENERAL POWER OF ATTORNEY
I'OWEII OF,41701INI;Y 15~1,1D 1F NUMI$L"RIiD IN lIED
KNOW ALL MEN BY THESE PRESENTS,
That American Bankers Insurance Company of Florida, a corporation duly organized and existing under the laws of the State of Florida, and having
its Home Office in Miami, Dude County, Florida and that American Reliable Insurance Company, a corporation duly organized and existing under
the laws of the State of Arizona, and having its Home Office in Scottsdale, Maricopa County, Arizona, does by these presents make, constitute and
apooint:
. :. . ,. ,, .. .,. ... · · ,r... ~.. ..,.. .f:~. ,~-.'. ffI,VI:~I"F. J'11.' .. . .. ............. I
of Poffiand and State of Ore~on its true and lawful Attomey-in-FacL with full power and authori~ for and on behalf of the Company as
surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, on bonds, unde~akings, recogniz~ce, consents of
SUr~ty, or other written obligmions in the nature thereof, as follows:
.. , : ~ , '.,1' ' · ' . ..... ' · I" I' 'l: :::' ": '~ :' ~ ~ I;I. J; :~ ' ] ·
:. . ...~ .... · , ~ . .. ..... . ; ..... I I . '*n*' i' ~ '
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In witness whereo[ American B~kers Insurance Company o[ Florida and American Reliable Insurance Company have caused these presents to be
signed by its President of American Reliable Insurance Company and its corporate seal to be hereto affixed this 21st day of August., A.D., 1997.
/
Sectary. Amerman L~an--l~rs--'Tn"~nce L t~mpany ~1 Florida
Secretary, American Reliable insurance Company
State of Arizona
SS:
County of Maricopa
On this 21st day of August, in the year
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
AMERICAN RELIABLE INSURANCE COMPANY
Bruce Petersen, President of
American Reliable Insurance Company
1997 , before me Gwen A. Dick , a notary public, personally appeared Bruce Petersen.
personally known to me to be the person who executed the within instrument as President of American Reliable Insurance Company on behalf of
the corporation therein namt~d .rid acknowledged to me that the coro~ration executed it..~--.
~ GWEN A. DICK
{~le~'~J Nota~ Publk:- State o! Nizona (t~ OTARY. UBLIC
~.~ ~'~-.~,',',',',',',~'~..~lfMARICOPA COUN'IY
~ My Comm. Expires Sept. 22. 1998
I~,ESOLUl'ION OF ~!IE BOARD OF DIRECTORS OF a, MER1CAN BANKERS INSURANCE COMPANY OF FLORIDA
AND AMERICAN RELIABLE INSURANCE COMPANY
WIIEREAS, it is necessary for the effi:ctual transaction of business that the Company appoint agents and attorneys with power and authority to act for it
and in its name in the states and territories of the United States, and additionally American Bankers Insurance Company of Florida in the provinces of the Dominion
of Canada..
RESOLVED, that the American Bankers Insurance Company of Florida and American Reliable Insurance Company hereby does authorize and empower
the President of American Reliable Insurance Company in conjunction with its Secretary or one of its Designated Signers, under its corporate seal, to appoint any
person or persons to act as its true and lawful attorney-in-fact, to execute and deliver any and all contracts, guaranteeing the fidelity of persons holding positions of
public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or
permitted to all actions or proceedings, or by law allowed; and
FURTHER RESOLVED, that the signature of any officer authorized by resolutions of the Board and the Company seal may be affixed by facsimile to
any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation
in the nature thereof, such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the
Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
I certify the above is a true copy of a resolution adopted by unanimous consent by the Board of Directors of AMERICAN BANKERS INSURANCE COMPANY OF
FLORIDA and AMERICAN RELIABLE INSURANCE COMPANY, on July 29. 1993.
SECRETARY, American Reliable Insurance Company SECRETARY, American Bankers Insurance Company of Florida
1, the undersigned Secretary of American Bankers Insurance Company of Florida, and l, the undersigned Secretary of American Reliable Insurance Company, hereby
certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the
said Power of Attorney is still in force and effect.
And I do hereby thrther certify that the Certificate of this Power of Attorney is signed and sealed by facsimile under and by the authority of the resolution adopted by
the Board of Directors of the American Bankers Insurance Company of Florida and the Board of Directors of American Reliable Insurance Company by unanimous
consent on the 29th day of July, 1993, and that said resolution has not been amended or repealed.
Givea under ~ny hand and the seal of said Company, this 16 TH day of $EPTEMBER , 19 9 8
SEUP. EI'ARY, American Reliable Insurance (Jonlpally SECRETARY, American Bankers insurance Company of Florida