HomeMy WebLinkAbout2003-034 Contract - Versatile Concrete
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this I (j +l\. day of lor; ~ ;lD0.3 . between the City of
Ashland, ("City") and Versatil~c. "(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 8th Street Sidewalk Construction Project, Project No. 02-
26. 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 $32.593.25 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.
5.21f 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.
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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 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.
The Contractor shall fully comply with the provisions of the Davis-Bacon Act
pertaining to prevailing wage rates.
CONTRACTOR
By: -&A1dC %~
Its: 1/~ ~/~-
By:
REVIEWED AS TO CONTENT:
BY:~
DEft5artment ead Date: ItJ,VL,. t',}
Its:
Coding:
(For City use only)
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PERFORMANCE & PAYMENT BOND
The undersigned ~ Cl:Io:Bte O::nst:n.ct:im Inc.
. as principal, further referred to in this bond as Contractor, and ClntEr'J..aU Q:PB"ll1y
& 9Jmty 0::Irf?:D 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 Thirty-two thousand five hundred ninety three dollars and 25/100 Dollars
($-'32.593.25).
Contractor and City have entered into a written contract dated Mm:h B.AXn for
the following project: 8th Street Sidewalk Construction Proiect. 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 279.542, 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 subject to claims under ORS 279.526 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.
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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: a::oo~58
Bond Agent Sk:irrer B:Irl:i.nJ of c:n:g::n, In::.
Address: :<<(l Stl ~ Rlrl, 9..lite ~
IBKe CBAap ffi 97035
Telephone:
(:D3) 226-6444
SIGNED this
4th
2003.
CONTRACTOR: VERSATILE CONCRETE INC.
By:
Title:
Legal Address:
day of
WITNESS:
(Corporate Se.I)
Attest:
WITNESS:
SURETY:
By:
Title:
Legal Address:
(Corporate So.O
Attest:
l-pdl
Corporate Secretary
::;Jarl ~ty & am.tY ~
~6~~~
St:qhn G. AltiEhin, A~-In-
"iro Stl ~ Rlrl, 9..lite ~
LaKe CBt8.P ffi 97035
Corporate Secretary
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CUMBERLAND CASUALTY & SURETY COMPANY
TAMP A, FLORIDA
BOND NQ CC008000058
KNOW ALL MEN BY THESE PRESENTS That the Cumberland Casualty & Surety Company, a corporation duly organized
under the laws of the State of Florida,having its principal office in the city of Tampa, Florida, pursuant to the following resolution,
adopted by the Board of Directors of the said Company on the 15th day of April, 1999 , to wit:
"Resolved, that the President of the Company shall have the authority to make, execute and deliver a Power of Attorney
constituting as attorney(s)-in-Fact, such persons, firms, or corporations as may be selected from time to time.
Be It further resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to
any such Power of Attomey or any certificate relating thereto by facsimile , and any such powers so
executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or consents for the release of retained percentages and/or final estimates
on engineering and construction contracts or similar authority or undertaking to which it is attached."
Cumberland Casualty & Surety Company does Hereby make, constitute and appoint
Stephen G. Altishin its true and lawful attorney(s)-in-fact, for it and in its name, to sign, execute,
acknowledge, deliver, act and deed on its behalf in issuing the bond ~~08000058 in the amount ofu $32,593,25
and to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officer of Cumberland Casualty & Surety Company, and all the acts of said attorney(s)-in-fact
pursuant to the authority herein given, and hereby ratified and confirmed.
IN WITNESS WHEREOF, Cumberland Casualty & Surety Company has caused these presents to be
signed by an officer ofthe Company and its Corporate Seal to be hereto affixed.
STATE OF FLORIDA )
)
COUNTY OF HILLSBOROUGH)
SS
CUMBERLAND CASUALTY & SURETY COMPANY
~Jc! ~-/~~
Edward J. Edenfield IV . President
On this 15th day of April, A.D. 1999, before me personally came Edward J. Edenfield IV, to me known, who being by me duly
sworn, did depose and say; that he resides in the County of Hillsborough,State of Florida; that he is President of Cumberland
Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows the seal of
said corporation; that the seal affixed to the said instruments is such corporate seal; 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.
f3(2..v-&.v?1'6 o-v-.~)y~ ~ ~6)
STATE OF FLORIDA )
)
COUNTY OF HILLSBOROUGH)
SS
~~v PU8.
~"J1 'r,~
~A&~
-('OF f\.\T'-
BEVERLY ANN JERRY
Commission # No, CC 758867
Expires August 22, 2002
BONDED THRU
ATLANTIC BONDING CO., INC.
I, the undersigned, Secretary of Cumberland Casualty & Surety Company, a Florida Corporation,
that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Tampa.
DO HEREBY CERTIFY
Dated the ~ Day of April 2003
9-~/ ~~
Carol S. Black, Secretary
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY COPY
°4i22i20o3
Page 1 / 1
04099
VENDOR: 001079
VERSATILE CONCRETE, INC
P O BOX 507
TALENT, OR 97540
SHIP TO: Ashland Public Works
(541) 488-5587
27-1/2 N MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
Quantity ,, Unit ' ·
, , Desc,riptio, n Unit Price Ext. Price
8th Street Sidewalk Construction ......
32 593 25
~ .. Proiect02-26 · , ' , : ;:
Beginning Date: March 17, 2003
Completion Date: June 1, 2003
.. . Insurance required/On file
SUBTOTAL 32,593.25
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 32,593.25
~1-11 ^lxll-~ ~'~D
Account Number Amount Account Number Amount.
E 260.08.12.00.704200 32,593.25
Auth r~--Signature
VENDOR COPY
CITY OF
ASHLAND
REQUISITION
No, PW 71 - FY 2003
Department Public Works
Vendor Versatile Concrete Jnc
2106 S, Pacific Highway
Talent OR 97540
Account No, 260,08,12,00,704200
Date March 13, 2003
Requested Delivery Date
Deliver To Jim Olson
Via Paula Brown
ASAP
(* Note Please allow approximately t\\"0(2) weeks for delivery on items not
generally caried in stored, and approximately two (2) months on printing jobs.)
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price T atal Price PONo
8th Street Sidewalk Construction Project $ 32,593,25
No, 02-26
TOTAL $ 32,593.25
for Kari:
BID /RFP / EXEMPT: Bid
Contract Start Date: March 17, 2003
Contract Completion Date: June 1,2003
Insurance on file: I YES I NO
Project No: 02-26
Job No,
Unit No,
I hereby certify that the abovl: items arc ni.:ccssary for the operation
of this department and arc budgeted
Issued By
Date
Received By
r.l'
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO:
KARl OLSON
PURCHASING
DATE:
PROJECT:
JOB NO.:
SUBJECT:
APRIL 11, 2003
8TH STREET SIDEWALK CONSTRUCTION
02-26
CONTRACT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Please issue a purchase order for the 8th Street Sidewalk Construction for Versatile Concrete.
Attached is the requisition, original contract and insurance certificate.
ENCLOSED b/
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Department of Public Works
By: Dawn LamlY,~(\\
Title: Administr<t~ve Assistant
PUBLIC WORKS
20 E, Main Street
Ashland, Ore~on 97520
WWW.aShland.or.us
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Tel: 541-488-5587
Fax: 541-488-6006
TTY: 800-735-2900
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