HomeMy WebLinkAbout1997-119 Contract - Huffman Wright
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
Bob Nelson
Kari Olson
DATE
PROJECT
11/03/97
Fordyce Street Improvement
Project
97-21
Contract Documents
JOB NO.
SUBJECT
THE FOllOWING ITEMS ARE BEING SENT TO YOU:
Barbara: Original contract and performance bond for filing.
Bob: Copy of contract, and original insurance certificates.
Kari: Copy of contract, and requisition.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO: Jill Turner
Paula Brown
Department of Public Work
Engineering Division
By: James H. Olson
Title: Assistant City Engineer
(c:\engi neer\nottrans. frm
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this 3D day of OC>~--, 1997, between the City of Ashland, ("City") and
Huffman- Wright (" 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 Fordyce Street Improvement, Project No. 97-21. 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.
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.
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 $189,401.00 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 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 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.
7. 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 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.
CITY OF ASHLAND
~/'-- tl /f!4;
/ Brian Almquist V
City Administrator 0
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BY:~(/) ~
Its: . S / T~Ju"'cA-
,
REVIEWED AS TO CONTENT:
REVIEWED AS TO FORM:
BY D----
City Attorpey (
Date to I~ '7
BY
D ent Head Date ~o ocf 91
Coding
(for City use only)
PERFORMANCE AND PAYMENT BOND
The undersigned Huffman-Wright, as principal, further referred to in this bond
as Contractor, and Emplovers Insurance of Wausau:as surety, further referred to in
this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee.
further refen-ed to in this bond as City, in the swn of one hundred ei qhty-ni ne thousand,
fnqr hllnrlrpo anp Dollars ($189.401.00).
and no/100 *A Mutual Company
Contractor and City have entered into a written contract dated
, for the following project: Fordyce Street Improvement Project No. 97-21
. This contract is further referred to in this bond as the
Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. 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 219.542, then this obligation is null and
void; otherwise it shall remain in full force and effect.
2. 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 subjectto claims under ORS 219.526 through 279.542.
4. This obligation jointly and severally binds Contractor and Surety and
their respective heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the
Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the name, address. and telephone number of the
agent authorized to receive notices concerning this bond are as follows:
Bond Number 2351 48 047872
Bond Agent Sedqwi ck James of Oregon, Inc.
Address
111 Southwest Columbia
Portland, OR 97201-5897
Telephone (503) 248-6400
SIGNED this 17th day of October
, 1992.
WITNESS:
By
(Corporate Seal)
'.-\V.F F""'''iV
Vl(.\"- ~\'tL~ 14H..t\J
Legal Address tc. tt> 'I- ~ \ () ~N 'f Q/lhl\\. lL. O~ ~ 1'\ 11
Attest:
~Q~~
CQ)porate Secretary
(COlporate Seal)
Surety Employers Insurance of Wausau, A Mutual Company
By :,j'i:-o_l!{ k' Q, ~;;-Z</[/Lv-___
~ t1 II
Stacy A. ynn {/
Title Attorney-i n-Fact
WITNESS:
LegaIAddress P.O. Box ROI7. Wausau. WI 54402-8017
~ .! ?t". <'. ,.,..
Attest: ... ./JI ~ ,C l2t ./{ 1~f..l~gl---7~
, Corporate Secretary
NOTE [10' YOl! HAVE ANY <HlEST[ONS REGARD[NG THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY. CALL TOLL FREE (HOO) H2fi-lfifi!. I [N WISCONSIN, CALL (HOO) 472-0()4l\.
Assistant Secretary
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R. J. Besteman
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Patricia A. Kleman
NOTARY PUBLIC
STATE OF WISCONSIN
STATE OF WISCONSIN ) MY COMMISSION EXPIRES MAY 24 1998
C[TYOFWAUSAll )ss. ,
COUNTY OF MARATHON ) Cfo~RTIFICATfo:
I. thl' undl'rslgnl'd. assistant sl'crl'tary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a, Wisconsin
mrporation. do hl'rl'by cl'rtify that the forl'going and attachl'd power of attornl'Y. WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTED IN THE MARGIN THERfo:OF IN RED INK, remains in full force and has
not hl'!'n Tt'vok..d: and furthl'rmorl' that thl' rl'solution ofthl' Board of Directors set forth in the power of attorney is still in force.
Signl'd and sl'aled in the City of Wausau. Marathon County. State of Wisconsin, this 17th day
of October _~, 19M
~~
Notary Public
STATE OF WISCONSIN )
) ss.
COUNTY OF MARATHON)
On this 1ST day of SEPTEMBER , 19...2L, before me personally came
J. Stephen Ryan , to me known, who being by me duly sworn, did depose
and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
1:\ WIT.\iESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written.
Vice President
By
Au"" A J! Ak J.Srepl<nRYM
R. J. Blsteman/ Assistant Secretary
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
I-'~~-
!.'..~",~a-.:~;"":,
/l(Ofl'OIt~'E .~
~_ SE'AL)/
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_____....,IF
day of
signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this
SEPTEMBER , 19~.
1ST
its true and lawful attorney-in-fact. with full power and authority hereby conferred in its name, place and stead, to execute,
sl'a!. acknowledge and deliver ANY OR ALL BOI\'DS, UNDERTAKINGS. RECOGNIZANCES OR OTHER WRITTEN
OBLIGATIONS [N THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE
CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS
($10 000 000). - .. .
anrl to f,ind t~e corporation therehy as fully and to the same extent as If such bonds were sIgned hy the President, sea [I'd wIth
the corporate seal of the corporation and duly attested hy its secretary herehy ratifying and confirming all that the said
attorney-in-fact may do in the premises.
This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
ml'eting duly called and held on the 1 Hth day of May, 197:), which resolution is still in effect:
"RESOLVED. that the President and any Vice President - elective or appointive - of EMPLOYERS INSURANCE OF
W A USAl T A Mutual Company he. and that each of them herehy is, authorized to execute powers of attorney qualifyi!1g
the attorney namerl in the given power of attorney to execute on hehalf of EMPLOYERS INSURANCE OF W AUSAU A
Mutual Company honrls. undertakings and all contracts of suretyship; and that any secretary or assistant secretary be,
and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach
thl'reto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company."
"FURTH ER RESOLVED. that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF W AUSAU
A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such powl'r of attorney or cl'rtificate hearing such facsimile signatures and facsimile seal shall he valid and binding
upon thl' EMPLOYERS INSURANCE OF W AUSAU A Mutual Company when so affixed and in the future with respect
to any hond. undl'rtaking or contract of suretyship to which it is attached."
IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF W AUSAU A Mutual Company has caused these presents to be
K:--JOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF W AUSAU A Mutual Company, a corporation duly organized and existing under
thl' laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of Marathon, State of
Wisconsin. has made. constituted and appointed, and does by these presents make. constitute and appoint
STACY A. FLYNN
No. 223-222- 00343
EN1PI.Or'ERS INSURANCE OF WAUSAlJ A Mutual Company
POWER OF ATTORNEY
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