HomeMy WebLinkAbout1998-136 Contract - D Britton EnterprisesCITY OF
ASHLAND
CITY HALL
ASHLAND, OREGON 97520
NOTICE OF TRANSMITTAL
TO:
JILL TURNER
BARBARA CHRISTENSEN
KARl OLSON
BOB BRITTON
DATE:
PROJECT:
JOB NO.:
SUBJECT:
OCTOBER 26, 1998
WESTWOOD ST. IMPROVEMENT
98-01
CONTRACT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Jill Turner - Original insurance certificates, copy of contract and bond.
Barbara Christensen - Original contract and bond.
Kad Olson - Requisition No. 0641, copy of contract.
Bob Britton - Copy of Contract.
ENCLOSED / UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Paula Brown
Department of Public Works
Engineering Department~----~
By: Jim Olson ~
Title: Engineedng Servic~/lanager
(G:dawn\NOT Jim.wpd)
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this '.3_- day of cx'_-ko.k,e[- , 1998, between the City of Ashland, ("City") and
tD. t5~-, ~4o,,- ~e, ~-,:~ . ("Contractor").
City and Contractor agree:
Contract Documents: This contract is made as a result of an Advertisement for Bid issued
by City for the Westwood Street Improvement Project No. 98-01. 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 $161,409.46 conditioned upon the faithful
performance of this contract upon the part of the Contractor.
5. Default: A default shall occur under any of the t~)11owing circumstances:
5.1
5.2
5.3
If the Contractor thils 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 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 tbllowing 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 ORS 279.348 through 279.365
pertaining to prevailing wage rates.
CONTRACTOR
Its: (~cv 'k, )
CITY OF ASHLAND
City Administrator
BY:
Its:
REVIEWED AS TO CONTENT:
REVIEWED AS TO FORM:
BY
City Attorney
Date [0
BDYZen~t Head
Date
Coding
(for City use only)
.BOND NO.
PREMIUM:
LF01-09079
$3,228.00
PERFORMANCE AND FAYMENT BOND
The undersigned __D. Britton Enterprises, Inc. , as
principal, further referred to in this bond as Contractor, and * , as surety,
further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as
obligee, further referred to in this bond as City, in the sum of ** Dollars
($ ~* ).
Contractor and City have entered into a written contract dated , for
the following project: Westwood Street Improvement Project. This contract is further referred to
in this bond as the Con, act and is incorporated into this bond by this reference.
The conditions of this bond are:
If Contractor faithfully performs the Contract within the time prescribed by the
Contract, and promptly makes payment to all claimants, as defined in ORS 279.526
through 279.542, then this 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 the 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 are due under the Contract.
3. This bond is subject to claims 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 extemion of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
* Intercargo Insurance Company
** One Hundred Sixty One Thousand
*** $161,409.46
Four Hundred Nine and 46/100
Bond Number
Bond Agent
Address
The bond number and the name, address, and telephone number of the agent
authorized to receive notices concerning this bond are as follows:
LF01-09079
Inland Surety
8308 Magnolia
Riverside, CA
Telephone 909-343-7100
SIGNED tbis25th day of September
Bonds and
Avenue
92504
InsurancesServices
,199 8
WITNESS:
Contractor: O. Britton Enterprises, Inc.
Title: ~ r-e~, c~,.e,-x"~-
Legal Address: 455 Grouse Creek Rd.
Grants Pass, OR 97526
WITNESS:
.,,,~':'.'"",,,,,,,
~ ,,..v .." ". ',-~e, ~
)...."'"..
SEAL '#119
Attest:
Corporat~ Secretary:
Surety: !n, tercargg~Insurance Company
By: .......
Title: Kenneth A. Coate, Attorney in Fact
Legal Address: 1450 East American Lane
20th Floor, Schaumburg, Illinois 60173-5458
Attest: ' '
Corporate Secretary
9t,'60V b9~$ puo8 ]uauJ,~ed pue aoueuJJojJad
(aoeds ~tuelq a^oqe eql u! leas x!JcV)
:IN31AIIg300 40 38),1 WO 39111
· leas leP!,LJO pue pueq ,~U~ $93NIIM
'lua~unJlsu! eql pelnoaxe 'peloe ($)uosJed eql HO!HM JO
Jleqaq uodn ,~l!lue aq~ Jo '(s)uosJed eq~ lueuJmlSU! eql uo (s)aJnleuS!s J!oqlpoLI/s!q ,~q
pue '(se!.)Xl!oedeo pezpoqlne ~!owJoq/s!q u~ aLUeS aql palnoaxe ,%ql/oqs/aq leLtl auJ o1
pal~PalMOU~tOe pue lUaLUnJ1su! u!ql!M aql ol paqposqns e-~e/s! (s)auJeu aSOqM (s)uosJad all1
aq ol aouap!Aa XJoloeJs!les jo s!seq aql uo auJ ol paAoJd( ) -WO- aLU 01 UMOU~ XlleUOsJad(x)
(s)JaU6!S luauJnooa jo (S)aLUeN
load u! Zeu~o11v 'eleoD 'V qleuue~t peJeadde ~11euosJad
,,3!lqnd ~elON 'aoo auel',, "8'a - Jeo!jJ, O jo all!/pue aUdeN
o//qnd'~'/ON 2'~u/,u~'t,y '7'~'//~'/~'N 'aLU e~ojeq,~6'6',/ ~'~./~qu/~/d~5' uo
el~./s~e.4!,5,jo ,~unoo
e!uJoJ!le3 jo
IN3R9039t~ONN3¥ 390dwrld-99¥
VOID IF NOT USED BY: ,~ INTERCARGO INSURANCE COMPANY
Jl 'l/24/]l '!)~8 1450 East American Lane · 20th Floor
., Schaumburg. Illinois 60173-5458
No Power of Attorney on this form shall 1-800-394-3924
be valid as to bonds, unde~akings,
recognizances or other written obligations a~)~)ro~'~ co~ POWER
said expiration date. ].,F(~
OBLIGEE ~ ~, - , ,
DESCRIPTION & LOCATION OF OBLIGATION
PENAL SUM PRINCIPAL TAX ID. I PROJECT #
$116 ] ,d09,, 46 98-0 il
LIMITED POWER OF ATTORNEY
To be used only in conjunction with the bond specified herein.
This Power of Attorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney is void if altered
or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or
warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO
INSURANCE COMPANY, 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 Illiuois 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:
Such braids and undertakings, when duly executed by the albrcsaid Attorney-in-fad shall bc binding upon the said Company as fully
and to the same extent as if such bonds and under.kings were signed by the President and Seerc~r2 of the Compauy and s~alcd with
ils coq~orate seal. This appoinhneni is made under and by authority of the By-Laws of the Company, which are now in full force
and c fiber.
STATE OF ILLINOIS ss.
COUNTY OF COOK
1, Michael L. Rybak Secretary of the INTERCARGO INSURANCE COMPANY a corporation of the State of Illinois, do hereby
certify that the above and fi)regoing is a full, truc and correct copy of Power of Attorney issued by said Company, and that I have
compared same with thc origiual ai~ffi~ '~js a correct transcript therefrom and of the whole of the original and that the said Power
,,f Attorney is still iu fidl fo~x'~[~et~s not been revoked.
WHERE~ffvc l~,to ski
~,,,.,1.
.. ~ ,...J~..~] SECRETA
'1'9 ........
IN WITNESS
.......
'",,,,,/L L 1~!
CON-24L(09/96) SEAL '#
and affixed the seal of said Company, at
day of '~e]ptem~er ~ 998
RESOLUTIONS OF THE BOARD OF DIRECTORS
This Power .f Attorney is granted and is signed by lhcsimilc under and by the aulhorily of the following Resolution adopted by the Board of
Directors of lhe Company on the 51h day of December, 1988:
"RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby
authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the
Company, bonds, undertakings and all contn,cts of suretyship, and that any Secretary or any Assistant Secretary of the Cmnpany be,
aud that each or any o f thexn hereby is a ulhorizcd to attest the execution o f any snch Power of Attorney, and to attach thereto the Seal
of the Company.
FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may bc affixed to any such Power of
Attorney or to any certificate relating lhereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or Ihcsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract
,7t' surelyship to which it is attached."
Bonds executed under lhis Power of Attorney may be executed under lhcsimile signature and seal pnrsuant to the tbllowing Resolution adopted by
the Board of Directors of the Company on April 4, 1987:
"RESOLVED, That the signature of James R. Zuhlkc, as President of this Corporation, and the seal of this Corporation may bc affixed
~r printed on any and all bonds, undertakings, rccognizanccs, or other written obligations thereof, on any revocation of any Power
~1' Attorney, or on auy certificate relating thereto, by lhcsilnile, and any Power of Attorney, any rew~cation of any Power of Attorney,
bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or thcsimile seal shall be
valid and binding upon the Corporation."
IN WITNESS WHEREOF, the INTERCARGO INSURANCE COMPANY has caused ils corporate seal to be here unto affixed, and these presents
to be signed by its duly authorized officers this 10th day of September , 1996 .
./~'~,~ .?~ x
~'~"a~,0,~,.....?~/\
~',. ~
~n 1~ ~INO~ ,,,~
STATE OF ILLINOIS
COUNTY OF COOK
SS.
BY:
ATTEST:
INTERCARGO INSURANCE COMPANY
On this 10th day o1' September , 1996 bclbrc me personally calne James R. Zuhike to mc known, who, being duly swum,
did depose and say: that he is President of the Corporation described in and which executed the above instrument; that he knows the seal of said
Corporation; that the seal affixed to the albrcsaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company; and tha! he executed lhc said instrmnen! by like order and authorily.
ELIZABETH BRANCHER ~
NOTARY PUBLIC, STATE OF ILLINOIS