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HomeMy WebLinkAbout1981-064 Agrmt - Cockrell Enterprises AGREE11ENT ASHLAND JUSTICE CENTER LANDSCAPE DEVELOPMENT THIS AGPEE24MT made and entered into this 6th day of October, 1981, by and between the CITY OF ASHLAND, Oregon, a municipal corporation and existing under the laws of the State of Oregon, Party of the First Part, hereinafter called the CITY, and COCKR= ENTERPRISES, INC. , of 2265 Highway 66, Ashland, Oregon, Party of the Second Part, hereinafter called the "CONTRACTOR. " WITNESSETH: That the Contractor in consideration of the covenants, agreements and payments to be performed aril made by the City hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies for the landscaping of the Ashland Justice Center, Ashland, Oregon and to execute, construct and furnish all work in full compliance with this Agreement, the Landscape Drawings, Specifications and all Addenda as defined in the Bid Proposal for the Contract sum of Twenty Four Thousand Five Hundred and Forty Nine Dollars ($24,549.) . The Contract sum is determined as follows: The Basic Bid of $ 22,450. (Lump Stun Bid) and Alternate No. 1 to provide a sod lawn in place of a seeded lawn for $ 2,099.00. Should the Omer elect to have the Contractor substitute larger plants in place of the sizes specified in the Contract Drawings, the Contract Sum will be increased by Change orders. Under the same date as this contract, the Contractor is furnishing the City with a Corporate Surety Bond with The Millers Mutual Fire Insurance Company of Texas as surety in the mount of Twenty Four Thousand Five Hundred and Forty Nine Dollars ($ 24,549) ; said bond to insure full compliance, full execution and performance of this Contract by the Page 1 Contractor in accordance with all its terms and provisions. The Contractor agrees to complete the work within the time specified and to accept as full payment hereunder the amounts stated in the Bid Proposal and the City agrees to make payments from the special funds, at the time, in the manner and upon the terns and conditions in the Bid Proposal, General Conditions and Supplementary Conditions of the Contract. Time is of the essence in this contract, therefore, the Contractor agrees to conmence the work inmediately and to fully complete the work of this Contract within ninety (90) calendar days. If the work is not fully ccuplete as stated above, the Contractor, and his surety shall be liable for and shall pay to the City One Hundred Dollars ($100.00) per calendar day. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. CITY OF ASHLAND, OREGON mayor ATTEST: City Recorder APPROVED: Party of the Second Part By Page 2. CONTRACT BOND MILLERS GROUW The Millers Mutual Fire Insurance Company of Texas P.O.Box 2269•Fort Worth,Texas 76101• 617-332-7761 - Bond No. 7932208 KNOW ALL MEN BY THESE PRESENTS: Thatwe, Cockrell Enterprises Inc DBA: Ray' s Garden Center of the City of Achl and , State of flra9nn , as Principal, and THE MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, a corporation, as Surety are held and firmly bound unto The City of Ashland hereinafter called the Obligee, in the sum of Twenty Two Thousand Four Hundred Fifty and No/100------------ ($22,450-00--------- jDollar,, for which payment said Principal and Surety bind themselves by these presents. WHEREAS, the Principal has entered into a written contract with the Obligee dated the 5th day of October i 19-81_,to landscaping of new justice center which contract and specifications are hereby referred to and made a part thereof. NOW THEREFORE, the condition of this obligation is such, that if the said Principal shall faithfully perform said contract and indemnify the said Obligee from any loss, resulting from the breach of any of the terms and conditions thereof and shall promptly pay all persons supplying labor or material in the prosecution of the work provided for in such contract, then this obligation shall be void, otherwise to remain in full force and effect. Dated this 5th day of October 1981 IPrincipal THE MIL RS MUTUAL FIRE SURANCE COMPANY OF TEXAS i By Attorney-in-Fact j COUNT NED B Resident Agent M7iiB2038 (x0rci r NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Reinholdt & O'Harra COMPANY Unigard Mutual Ins . Co 383 E. Main LETTER A PO Box 25411 Portland Oregon 97225 Ashland, Oregon 97520 DOMPANY B Aetna Casualty & Surety Co LETTER 200 SW Market St Portland Or 97201 NAME AND ADDRESS OF INSURED COMPANY 9 Cockrell Enterprises, Inc DBA LETTER V i Ray's Garden Center COMPANY 2265 Hwy 66 LETTER Ashland, Oregon 97520 COANY E LETTEMPR This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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.. I COMPANY POLICY Limits of Liability in Thousands i LETTER TYPE OF INSURANCE POLICY NUMBER E%PIRAT ION DATE OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY IT E 7 ®COMPREHENSIVE FORM ❑ PREMISES—OPERATIONS PROPERTY DAMAGE E b ❑ EXPLOSION AND COLLAPSE HAZARD A ❑UNDERGROUND HAZARD ® PRODUCTS/COMPLETED MP50-0585 4-4-82 OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE ECJDD E SOD 1 ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY E 1 1 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) b f ❑ COMPREHENSIVE FORM BODILY INJURY b i ❑ OWNED (EACH ACCIDENT) i ❑ HIRED PROPERTY DAMAGE b BODILY INJURY AND ❑ NON OWNED PROPERTY DAMAGE E COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM b E PROPERTY DAMAGE ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and I B EMPLOYERS'LIABILITY 042 JC 207722800 CCA 9_15_82 E j 100 ¢xxncclocuTl i OTHER 1 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES jLandscape & Gardening Operations f Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail .2Q days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: 9-28-81 DATE ISSUED: City of Ashland / Ashland, Oregon 1. XK AUTHORIZED REPRESENTATIVE ACORD 25(1-79)