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HomeMy WebLinkAbout1997-088 Contract - D Britton CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ! ~ day of August, 1997, between the City of Ashland, ("City") and D. Britton Ente/'prises, 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 Indiana Street Re-alignment Project No. 96-15. 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 $97,687.38 conditioned upon the faithful performance of this contract upon the part of the Contractor. 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. PAGE 1 -(c:engineer\project\indwibri. Con) e 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 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. e Prevailing Ware 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 to prevailing wage rates. CONTRACTOR BY: Its: BY: Its: REVIEWED AS TO FORM: BY City At~ornery Date ~f[~'-,/~' 7 CITY OF ASHLAND .B~iafi Almquist f~// 'City Administrator/~ REVIEW_ AS TO.f_.g~NTENT: geYp~e//nt Hea~?/'~d Date z~ Coding (for City use only) PAGE 2-(c:enginecr\project\indwibri.Con) BOND ~0. PRF_Jql U!q: LF01-06030 $1,954.00 Pt~RNOB/vlANCI~ AND PAYMIgHT BOND THE PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE AND IS SUBJECT TO ADJUSTMENT The undersigned O. Britton Enter. prises, Inc: _ · as principal, further referred to in this bond as Contractor, and Intercargo Insurance Company , as surety, further referred to in this bond as Surety, are joinfly and severally bound unto City of Ashland, as oblige·, further referred to in this bond as City, in the sum of Ninety-Seven Thousand Six Hundred Eighty SevenDollars ($97,687.38 ). and 38/100 Contractor and City have entered into a written contract dated, , for the following project: City of Ashland Project No. 96-15 · This contract is further referred to in this bond as lhe Contract and is incorporated i~to this bond by this reference. The condition~ of this bo~d arc: o If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as der'reed in ORS 279.526 through 279.542, then Ibis 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 lh¢ 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 arc due under the Contract. This bond is subject to clahns 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 extelion of the Contract [~.' Nonpayment of the bond premimh shall not invalidate th/s bond. Bond Number Bond Agent Address Thcbond numbcr and ~c namc, addmss. and mlcphonc number of ~c a§cnt au~orizcdW rcccivc no~ccsconccrnin~thisbond~casfollows: LrOl-06030 Inland Surety Bonds and Insurance Services 8308J~gnolia Avenue 92504 Riverside, CA 909-343-7100 August' Telephone SIGNED thi~t...hday of , 1997. WITI~r~SS: .' (Corpora~c Scsi) WITNESS: SEAL ~1t9 Seal) Contractor D. · By Title Britton Enterprises, Inc. Attest:: ~,. Corporat~ Secretary Surcty~terc~/~o Insurance Company By ~ Y~ ~ Fact Title ~ennet~.~. Coate, Attorney in 1450 'East American Lane, 20th Floor LegalAddress Schaumburg; Illinois 60173-5458 Attest: Corpora~ Secrc~ary ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On August 6, 1997 before me, Julia Bo Leonard, Notary Public Name and Title of Officer - e.g., "Jane Doe, Notary Public" personally appeared Kenneth A. Coate, Attorney in Fact Name(s) of Document Signer(s) (x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hc/sho/thcy executed the same in his/hor/thoir authorized capacity(ies), and that by his/hor/thoir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary ULIA BO LEONARD COMM, #,1,033499 NOTARY PUBLIC- CALIFORNIA RIVERSIDE COUNTY (Affix seal in the above blank space) TITLE OR TYPE OF DOCUMENT: Perfomance and Pa.y~ent Bond VOID IF NOT USED BY: ©~1091 No Power of Attorney on this form shall be valid as to bonds, undertakings, recognizances or other written obligations in the nature thereof executed on or after said expiration date. PRINCIPAL INTERCARGO INSURANCE COMPANY 1450 East American Lane · 20th Floor Schaumburg, Illinois 60173-5458 1-800-394-3924 I IllIll IIlll llII Illll Illll IIlll IIlllll Illll II ]Do ~ri¢ton Enferprises, Into dlOO {.~ro~ase Crko ~,, ~rants Pass,O~ 97526 OBLIGEE City of A~hL~d 20 E~¢ M~im A~hk~ OR 97520 DESCRIPTION & kOCATION OF OBklGATION POWER # LF01~06050 PENAL SUM $97,687. PRINCIPAL TAX ID. PROJECT # 96~5 LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in con/unction with any other Power of A ttorney. This Power of Attorney is void if altered or erased. This Power of Attorney bears the numbered seal of INTERCARGO IIVSURAIVrE ¢OMPAIV¥. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO IIV$~JRANrE ¢OMPAIV¥, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to INTERCARGO INSURANCE COMPANY', Attention: Contract Bond Underwriting Department. This Power of Attorney shall be governed by the laws of the State of Illinois. KNOW ALL MEN BY THESE PRESENTS: That INTERCARGO INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois does hereby nominate, constitute and appoint: its true and lawful Attorney-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, as follows: B;d Bo,~& ~,, to $500,000 Co~i Bo~& ~2 ~o $500,000.00 Such bonds and undertakings, when duly executed by the aforesaid Attorney-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and eft~ct. STATE OF ILLINOIS ss. COUNTY OF COOK I, Michael L. Rybak Secretary of the INTERCARGO INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and fbregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I havl CON-24L(09/96) and affixed the seal of said Company, at