HomeMy WebLinkAbout1997-069 Contract - RA Cook
DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (541) 488-5587
ENGINEERING: (541) 488-5347
CITY
HALL
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND, OREGON 97520-1814
FAX (541) 488-6006
NOTICE OF TRANSMITTAL
TO: Barbara Christensen, City Recorder
Jill Turner, Director of Finance
DATE
PROJECT
JOB NO.
SUBJECT
07/29/97
Water Street Repair
Flood Restoration Project No. 7
Contract Documents
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Barbara Christensen: Original Contract & Bid Bond for the Water Street Repair Project.
2. Jill Turner: Copy of Contract, Bid Bond & Purchase Order.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO: Paula Brown
Richard CooK, R.A. Cook Inc.
Department of Public Works Ifd
Engineering Division 1
By: James H. Olson
Title: Assistant City Engineer
(c: \engineer\nottrans. fnn
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this /~ ~~y of~, 1997, between the City of Ashland, ("City") and
R.A. Cook, Inc. ("Contractor").v ~
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the Water Street Repair and Rmining Wall Construction Project.
Contract 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 and Payment: City shall pay Contractor amounts earned under the contract. AU
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 $42,050.00 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 aUow 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 carryon the work in an acceptable
manner.
PAGE l-(c:engineerlprojectlwaterwaLCon)
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 the prosecution of the work from the
Contractor, and appropriate or use any or aU 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 shaU be liable and agree
to and shaU pay the City the amount of the excess with damages for delay of
performance, if any.
7. Prevailin~ Wa~e 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 foUowing 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: 'tF H.,t~iC4(~ /ac~fjl'l' l~dJc.i
Its: ,Ju 1<.- /<!:-~7r ~
BY:
Its:
"7 ( 1'1117
REVIEWED AS TO CONTENT:
~7
(for City use only)
PAGE 2-(c:engineerlprojectlwaterwaLCon)
CBIC
CONTRACTORS BONDING
AND INSURANCE COMPANY
PUBLIC WORKS
CONTRACT BOND
Oregon:
1827 NE 44th Ave., Suite 100
P.O. Box 12053
Portland, OR 97212-0053
(503) 287-6000
(800) 926-CBIC National
(503) 287-6100 FAX
BOND NO.: PA6497
Premium: $ 1.051.00
KNOW ALL MEN BY THESE PRESENTS R. A. COOK, INC.
2986 Li nden Lane, Central Point, OR 97502 , hereinafter called Principal, as Principal,
and CONTRACTORS BONDING AND INSURANCE COMPANY (CBIC), a corporation organized and existing under
the laws of the State of Washington, and authorized to transact surety business in the State of Oregon, hereinafter
called Surety, are held and firmly bound unto CITY OF ASHLAND
hereinafter called the Obligee, in the sum of Forty-Two Thousand Fifty and no/lOOths
--------------------------------------------------------- ($ 42,050.00 )
lawful money of the United States of America to be paid to said Obligee, we do bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WHEREAS, on the day
of , 19 97 , the Principal entered into a contract with the Obligee described as follows:
Water Street Repair and Retaining Wall Construction Project
NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms of the contract
and shaH well and truly perform all matters undertaken to be performed under said contract upon the term set forth
herein, and shall promptly make payments to persons supplying labor and material for prosecution of work provided
for in such contract, including any persons having direct contractual relationship with Principal, or direct contractual
relationship with any subcontractor of Principal, or an assignee of such person, and shall promptly pay moneys due
the State Accident Insurance Fund Corporation, The State Department of Employment Trust Fund, or the Department
of Revenue in connection with the performance of said contract, then this obligation is to be void, otherwise to
remain in full force and effect.
The total of Surety's liability under this bond both to the Obligee and to persons furnishing labor and materials,
provisions and goods and to any other person or persons, shall in no event exceed the penalty hereof.
Provided, however, that the conditions of this obligation shall not apply to any money loaned or advanced to the
Principal or to any subcontractors or other person in the performance of any such work, whether specifically provided
for in the contract or not.
This bond is executed for the purpose of complying with Chapter 279 of Title 26, Oregon Revised Statutes, the provi-
sions of which are herby incorporated herein and made part hereof.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this
14th
day of
July
,19 97
CONTRACTORS BONDING AND INSURANCE COMPANY
R.A. COOK, INC.
BndCPWl.02-0R021894
Principal
cbic
INSURANCE
Limited
Power of Attorney
Home Office:
1213 Valley Street
P.O. Box 9271
Seattle, WA 98109-0271
(206) 622-7053
KNOW ALL MEN BYTHESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington
and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appointTOM DYMENT, of Vancouver, Washington its true and lawful attorney-
in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding
the penal sum of $500,000; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $500,000; (3) all other bonds
coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding
bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $250,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if
the contract is awarded, the performance and/or payment bond(s) will not exceed $250,000; and (5) all other bonds not exceeding the penal sum of $50,000. Provided, however, that TOM
DYMENT is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any letter of credit, or similar security, received
as collateral security by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the same extent as it such bonds were signed by the President,
sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. Said appointmenf
is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on May 17, 1994:
RESOL VED that the President is authorized to appoint as attorney-in-fact of the Company TOM DYMENT with power and authority 10 sign on behalf of the Company: (1) SBA
guaranteed performance and payment bonds not exceeding the penal sum of $500,000; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance
and/or payment bond(s) will not exceed $500,000: (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety
Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, license and Permit, and Federal not exceeding the penal sum of
$250,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed
$250,000; and (5) all other bonds not exceeding the penal sum of $50,000.
RESOLVED FURTHER that TOM DYMENT is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount
equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond.
RESOL VED FURTHER that the authority of the Secretary of the Company to certily the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of
Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing
resolutions as if signed by the Secretary of the Company: Donald Sirkin, Charles J. Fa/skow, Steven A. Gaines, Jane Thorsen, Debi Lewis and Pat Dorney.
RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying
authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited
Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in all aspects.
RESOLVED FURTHER that all resolutions adopted priorto today appointing the above named as attorney-in-facttor CONTRACTORS BONDING AND INSURANCE COMPANY
are hereby superseded.
IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed
this 10th day of January, 1997.
CONTRACTORS BONDING AND INSURANCE COMPANY
STATE OF WASHINGTON-COUNTY OF KING
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S .. . Gaines, President
On this 10th day of January, 1997, personally appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and
acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized
to execute the said Limited Power of Attorney.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
OFFICIAl.. SEAL.
MOU.Y A. HUDSPETH
NaCaIJ PuIIIic - State of WashinltoR
and r State of Washington, resi Ing at Seattle
\
The undersigned, acting un authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Certificate of the Secretary
of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and
does hereby further certify that the said Power of Attorney is still in force and effect.
GIVEIS;:~~ltQZ0G
PoaTD01.10-US010697
My CoIIImlSSIOII Expires 1-9-41
14th
day ot
July
. t9 97