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HomeMy WebLinkAbout2002-172 Contract -Versatile ConcreteCITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this day of r ojo , between the City of Ashland, ("City") and Versatile Concrete Construction "(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 2002 Miscellaneous Concrete Construction, Project No. 01-15. 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. 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 $139,284.00 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 G:1pub-wrkslengldept-admin\ENGINEERIPROJECT12001\01-15 Contract and Bond.doc 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 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 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. Prevailing 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 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 4Ad HLA By: aj Id, By: 41?? Gre Its: City n trator o By- Its: REV WED A TO CONTENT: By: r5'-"-' D artme t Head Date: Coding: (For City use only) G:\pub-wrks\eng\dept-admiMENGINEER\PROJECT\2001\01-15 Contract and Bond.doc ACORA CERTIFICATE JF LIABI LITY URANCE DATE(MM/DDfYY) ? , ,.. 09/23/2002 PRODUCEk (541)857-0679 FAX (541)897 9883 THIS_ E ATE IS ISSUED AS A MATTER OF INFORMATION Ashland Insurance Inc. ONLY AND NFERS NO RIGHTS UPON THE CERTIFICATE , HOLDERTH CERTIFICATE DOES NOT AMEND, EXTEND OR 1245 N Riverside #23 ER TH VERAGE AFFORDED BY THE POLICIES BELOW. Medford, OR 97501 Thomas Wi 1 son INSURERS AFFORDING COVERAGE INSURED Versatile Concrete Construction, II{c, )NSU,REAA-. 5 IF Corporation PO Box 507 2106 S. Pacific Hwy INSURERC: Talent, OR 97S40 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICYMEF MlDD/YYFECTIVE DATE POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE FIOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 29007 04/01/2002 04/01/2003 TORY S1 JOTH ER A EMPLOYERS' LIABILITY E.L. EACH ACCIDENT I -- s 500,000 E.L. DISEASE - EA EMPLOYE $ 500 , 00 I E.L. DISEASE - POLICY IT $ 500 , 00 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Ashland 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Engineering Dept. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 20 E. Main St. OF ANY KIND UPON THE COMP GENTS R R ESENTATIVES. Ashland, OR 97520 AUTHORIZEDREPR IVE Thomas Wilson ACORD 25-S (7197) GACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR HE DATE(MMA)DIYY) RSA-1 09/23/02 PRODUCER THIS CE TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY A D CONFERS NO RIGHTS UPON THE CERTIFICATE Security Insurance Agency, Inc HOL . THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Murphy Road ALTBR? HE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 l Phone: 541-772-1111 INSURERS AFFORDING COVERAGE INSURED INSUQERA: Maryland Casualty Company CCB License #108984 ; ) INWI413B: Versatile Concrete -- --- -- Construction Inc. INSURER P. O. BOX 507 T l t OR 97540-0507 INSURER D: en a INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POU Y EFFE THE DATE MMA)D POLICY EXPIRATION DATE MMA)D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500,000 A X COMMERCIAL GENERAL LIABILITY - SCP34035791 09/14/02 09/14/03 FIRE DAMAGE (Any one fire) $ 300,000 CLAIMS MADE F xl OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 500,000 GENERAL AGGREGATE $1,000,000 GENLAGGREGATELIMITAPPLIESPER: PRODUCTS -COMPIOPAGG $ 1,000,000 POLICY PROJECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 7 OCCUR E CLAIMS MADE AGGREGATE $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND "AT UTI1 TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The Certificate Holder shown below is Additional Insured. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION 1AAAAAA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL -U-DAYS WRITTEN City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Engineering Dept. 20 East Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Ashland OR 97520 REPRESENTATIVES. AUTHORIZED R PR SENTATIVE , AUUKU 25-5 (7/37) "CORD CORPORATION 1988 i -rng. 03720 VENDOR: 001079 SHIP TO: Ashland Public Works VERSATILE CONCRETE, INC (541) 488-5587 P O BOX 507 27-1/2 N MAIN STREET TALENT, OR 97540 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: PUBLIC WORKS Req. Del. Date: 10/20/2002 Contact: Paula Brown Special Inst: Confirming? No BLANKET PURCHASE ORDER Pro ect 01-15 Bid Completion date: Janua~ 3, 2003 Change Order No 1 2,494.00 SUBTOTAL 141,778.00 BILL TO: Account Payable T~ 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 141,778.00 ASHLAND, OR 97520 E 260.08.12.00.602400 20,000.00 E 260.08.12.00.704200 115,358.00 E 260.08.35.00.704200 5,000.00 E 410.03.20.00.701100 1,420.00 Authorized Signature VENDOR COPY CITY OF -AS H LA N D REQUISITION No. PW 297 - FY 2002 Department Public Works Vendor Versatile Concrete Inc. PO Box 507 Talent OR 97540 Account No. 260.08.12.00.602400 260.08.35.00.704200 410.03.20.00.701100 y? 260.08.12.00.704200 Date October 24, 2002 Requested Delivery Date ASAP Deliver To Jim Olson Via Paula Brown (* Note. Please allow approximately two(2) weeks for delivery on items not generally cured 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. Contract for the 2002 Miscellaneous Concrete Project No. 01-15 $ 139,284.00 Change Order No. 1 $ 2,494.00 TOTAL $ 141,778.00 for Kari: BID /RFP /EXEMPT: Bid Contract Start Date: October 20, 2002 Contract Completion Date: January 3, 2002 Insurance on file: YES NO Project No: 01-15 Job No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted Department Head or Authorized Person Issued By Date Received By FRI& IFAMAII G:Pubwrkslengldeptadmin\engineerlproject101-15 Versatile Requisitionxls