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HomeMy WebLinkAbout2004-103 Contract - Blackline IncCITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this 6 th day of between the City of Ashland, ("City") and Blackline, Inc. May 2004 "(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 2004 Slurry Seal Project. 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 defi,ned 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 Forty- One Nine Hundred Five Thousand Dollars and Forty-Five Cents, 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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC'l'~004~004 Slurry Seal Blackline Contract 5 04.doc 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 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 Contracto~r. 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. 7. Prevailinq 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 G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT~2004~004 Slurry Seal Blackline Contract 5 04.doc 8. Living Wage Rates: If the amount of this contract is $15,000 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees. The Contractor shall fully comply with the provisions of ORS 279.348 through 279.365 pertaining to prevailing wage rates. CONTRACTOR CITY OF ASHLAND Gino Grimaldi ~',,,~,~.~_ City Administrator~.~~ REVIEWED AS, TO CONTFNT: D/e/partment Head [)ate: Coding: (For City use only) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC'l'~004~2004 Slurry Seal Blackline Contract 5 04.doc 05×28×2004 14:~4 MOLONEY~O~NEILL~¢ORKERY ~ IONES a 1541~886006 N0.~56 ~01 AC.O. RD. CERTIFICATE OF LIABILITY INSURANCE PROO~CEn (S09)~2~-~02'4 '~ (S09)~25-1803 ~IS CERTIFICA~ IS ISSUED AS A MA~TER OF INF~RMA~ON Mo]oney, O'Neill, Corkery ~ 3ones, Inc. ONLYAND CONFERS NO RIGHTS UPON ~E CER~FICATE HGLDE~ THIS CERTIFICATE DOES NOT'AMEND. ~END OR ~2~6 N L~ncaln, Suite ~ AL~R ~E CO~GE AFFORDED BY THE POLICIES BELOW. Spokane, HA 9920~ INSURERS AFFORDING COVE~GE NAIC ~,s~;o Blackllne Znc ' ' ~,;u~: ~r~an States Znsurance Co' Spokane, ~A 9~ZOa ~a~Ea:: "' , INSURER D: IN~U~ E; , ~1 ~ i =, = , ,, COVER~iES THE PO~'CIES OF INSURANCE LIb-'TED BELOW HAVE BE--EN ISSUED TO THE INSURED NAMED AEIOVE FOR THE POUCY PI~'RIOD INDICATED, NO"FWITHSTANOIN ANY REQUIREMENT, TEI~! OR CONDITION OF ANY CONTRACT OR OTHER CICICUMENT WITH RESPECT TO WHICH THI~ CERT(FIC,~TE MAY BE[ IS,SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIE$ DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POMGIF.~, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, OE, URA~.U.~aUTY 0].CG30:14.222i 02/17/~004 02/.1.7/Z0OS F..ALCHOOCuRRF, NCE '$ X COMMERCIAL GENER,'U. LUtEiILITY DAMA~b-RENTF~ $ u~ F, XP (~y me.,a.~) s 10,000 A X Blanket Additional PERSC)NAL&ADVI~qJIJF[¥ $ X Insured CG763S1001' GENeRaL AGGREGATE $ GEN'L AGGREGATE UMIT APPLIES PEl~ PRODuGT~ · ~OMr/OP AGG' S Z p .0~.0,000 pO_ AUTOMOB~LE~L,TY '01CG3014222 02/17/2C~04' 02/17/2b0S COM6,NEE)SINGLtLIMIT $ ' X ~ AUTO ¢~a accord} 1, O00.~ 00(] ALL OWNED AUTO8 ;CI4EOULED AUTO~ (Per A X HIRED Au'roB Rte)OILY INJURY X NON-OWNED AUTOS (Pet ecctdenl) $ , , PROPERTY DAMAGF (Par eo~ide~} $ (~alq~Ge ~ ' , , AUTO ONI.~' · F.,A AOCIOENT $ ,, ANY AUTO OTHER THAN F.,A ACC $ ....... AUTO O61LY: AGG $ -.-. DEDUCTII~.E $ RLe'rENTION ~ $ ~X/a:x~ mc(;)~.4:,z:~ oz/z?/:,o04 0;i/z;/:,oos' ~w~s~rx'ru-~ i%~' " eaeLo~, u,~;u~ tVASHZNG'T~ STOP GAP ;~., ~c. ACC~D~T A ANY PROI:q~JETORn'ARTNEPJEXECUTIVE OFFICF. R/MEMBER EXCLUDED9 E.L. O~F-.A.~E - EA EMPLOYEE ~PECIAL PROVISIONS below E,L. DI-~EA~E - POLIC,~ LIMIT $ ]. OTHER O~GCRIPql°N O~ OPeRA~O~/L~CAllOHS / .VI~HICLES t EXCLUSIONS ~elO BY EI~DOR~.MI~TI ~PECIA~. PROVISIONS IE: 2004 cz'rY OF ASHLAND SLURRY SEAL PRO:IECT :I'TY OF ASHLAND TS NAINED AS ADD/T]:ONAL ZNBUREDS N2TH RESPECTS TO THE %BOVE PRO3ECT AS SHOt~I ABOVE. CERTIF!¢ATE HOLDER OF As. O ATTNT DAI~ LAF1B 20 E MA:EN STREET ASHLAND, OR 975Z0 ACORD 25 {2-00tl0e) FAX: (541)488-6006 CANGELLA, TION , .. ANY OF 11~ ABOVE DEaCRII~ED POLICfE~ ~ C,~EL~ BEFORE ~E ~~ DATE TH~E~, ~E ~SUrHG INSURER ~. E~VOR TO ~L DAY8 ~N NOTICE TO THE CERTIfl~TE ~r~Ea ~MED TO ~ ~. AUTHORI2ED REPRESl;NTATIVE T'im_ ~arneP/C:LH @ACC)RD CORPORATION 1988 ~4~4 ~OLONEY,O'NEILL,CORKERY ~ ~ONES + 1~4~4886006 85/28/2884 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statemer~t on this certificate does not c~nfer rights to the certlflcat~ holder In lieu of such endorsement(s). ff SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights t~ the certificate holder in lieu of such endorsement{s), DISCLAIMER The Cer~flcate of Insurance on the reverse side of this form does not constitute a contract between the isauing insurer(s), authorized representative or producer, and the ce~ficate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed there,)n. &CORD 25 (200'1i08} CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541 ) 488-5300 VENDOR: 008572 BLACKLINE INC PMB 196 13023 NE HWY 99 STE 7 VANCOUVER, WA 98686 FOB Point: Terms: Net Req. Del. Date: 'Special Inst: CITY RECORDER'S COPY Page 1 / 1 5/28/2004 I [i 05108 SHIP TO: Ashland Street Department (541) 488-5313 90 N. MOUNTAIN ASHLAND, OR 97520 Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No Description 2004 Slurry Seal Project for Street Department Bid Date of Agreement: May 6, 2004 'Start Date: June 1,2004 Completion Date: July 15, 2004 InSurance required/On file Project No: N/A Unit Price Ext. Price SUBTOTAL TAX FREIGHT TOTAL 41,905.45 41.905.45 0.00 ' ~i;i~horized Sfgnafure VENDOR COPY Account Nomber Amount Account Number , · Amount 260.08.12.00.602400 41,905.45 BILL TO: Account Payable 20 EAST MAIN ST 0.00 541-552-2028 41,905.45 ASHLAND, OR 97520 REQUISITION No. PW -FY 2004 Department Street Department Vendor BLACKLINE, INC. PMB 196 13023 NE HWY 99 STE 7 VANCOUVER WA 98686 Account No. 260.08.12.00.602400 Date May 18, 2004 Requested Delivery Date ASAP Deliver To JOHN PETERSON Via (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. 2004 Slurry Seal Project for the Street Department with Blackline Inc. TOTAL $41,905.45 for Kari: BID /RFP / EXEMPT: Bid Contract Start Date: June 1, 2004 Contract Completion Date: July 15, 2004 Insurance on file: I YES I NO Project No: NA Job No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted De~ment~Head~or= ~orized Person Issued By Date Received By