HomeMy WebLinkAbout1971-007 Proposal-Contract - VJ Baratti
P R O P O S A L
Mayor and City Council
Ashland, Oregon
Gentlemen:
The undersigned bidder declares that he has examined
the plans and specifications, has visited the site, and made
such investigation as is necessary to determine the character
of the materials and conditions to be encountered in the work,
and that.if this Proposal is accepted he will contract with the
City of Ashland, Oregon for the construction of the proposed
improvement in a form of contract herein outlined, will pro-
vide the necessary equipment, materials, tools, apparatus,
and labor, as specified, and under the requirements of the
Engineer at the unit prices hereinafter written.
The undersigned agrees that the work shall be completed
in all respects by July 1, 1971, and that he will pay as
liquidated damages to the City for any delay, the sum of
twenty-five dollars ($25.00) per day for each day required
beyond that period.
The total contract bid for construction of the Kiosk
is $4548.11. The work will be constructed as shown on the
plans and as, stated in the Supplemental Specifications, exclud-
ing the following:
1. Pool and Water Cascade
2. Landscaping
3. Benches
4. Sidewalks
5. Electrical
The plans for the planter have been amended as follows:
1. The brick planter will be constructed with only
one layer of used brick on the outside.
2. The inside layer will be concrete block.
The City will furnish the used brick for the outside
layer, and exchange an equal amount of brick for the concrete
block to be used for the inside layer. /j
COMPANY
BY
TITLE ~tid7ily~
Dated ( q F 197(
C O N T R A C T
THIS AGREEMENT, made and entered.in duplicate this day of February ,
1971, by and between the City of Ashland, Oregon, a municipal corporation of the
City of Ashland, County of Jackson, State of Oregon, hereinafter termed the "CITY"
and V. J. Baratti
hereinafter termed the "CONTRACTOR".
W ITNESSETH:
That the Contractor, of the payments to be made to him by the City, in the
manner from and at the time hereinafter provided, and of the covenants and agree-
ments hereinafter contained, hereby agrees for himself, sucessors, and assigns
to 'furnish all materials and labor for the construction of
PLAZA ISLAND INFORMATION KIOSK
and to furnish all necessary machinery, tools, apparatus, materials and labor
and to do the said work in the most substantial and workman-like manner according
to the general provisions, general specifications and special provisions hereto
attached, and the plans therefor on file.in the office of the City Manager of
the said City of Ashland, Oregon, and duly adopted by the City Council of the
said City, and in accordance with such modifications of the same and other
directions as may be made by the City Engineer as provided for therein.
It is agreed that said plans, specifications and provisions, and the
schedule of rates and prices at time of construction as set forth in the pro-
posal and in the said provisions and specifications, are hereby specifically re-
ferred to and made apart of this contract, and shall have the same force 'and
effect as though all the sums and provisions thereof were fully inserted herein.
The Contractor shall promptly, as due, make payment to all persons supply-
ing to said Contractor labor or material for the prosecution of the work provided
for in this contract, and all contributions or payment of insurance premiums
for workmans' compensation insurance as provided by statute of the State of
Oregon, and all contributions or amounts due the State Unemployment Fund from
the Contractor or any subcontractor incurred in connection with the performance
of this contract, and said Contractor shall not permit any lien or claim to be
filed or prosecuted against the City for, or on account of, any labor or material
furnished or contributions required of the Contractor to the Industrial Accident
and said unemployment fund, and pay to the State Tax Commission all sums withheld
from employees pursuant to Oregon Revised Statutes 315.575 or 316.575.
The Contractor further agrees to abide by and comply with the provisions of
Oregon Revised Statutes 279.334, and promptly as due, make payment to any person,
form, corporation, company,.partnership, or association furnishing medical, sur-
gical and hospitalcare or other needed care and attention incident to sickness
or injury to the employees of the Contractor, of all sums which the Contractor
agrees to pay for such services and all monies and sum which the Contractor may
or shall deduct..from the wages of his employees for such services pursuant to the
terms of Oregon Revised Statutes Chapter 655 relating thereto, and any contract
entered into pursuant thereto, or collected or deducted from the wages of said
employees, pursuant to any law, contract, or agreement, for the purpose of pro-
viding or paying for such service.
It is a condition. of this contract and agreed that should the Contractor
fail, neglect, or refuse to make prompt payment of any claim for material, labor,
or services furnished by any person, firm or corporation, in connection with this
contract, as.said claim becomes due, whether for material or services performed
for the.Contractor, or a sub-contractor, then and in such event, the proper of-
fivers representing-the City-may, at its election, pay such services, and charge
the amount thereof against funds due, or to become due said Contractor, by reason
of this contract, but the payment of any such claims in the manner herein autho-
rized, shall not relieve the Contractor or his surety from his or Its obligation
with respect to any unpaid claims.
[ The.Contractor agrees that he will be solely responsible for any damage or
' trespass to or upon adjacent property or injury thereto, resulting from or in
I connection with his operation, and that he will hold the City harmless from any
claim liability or.obligation arising.therefrom and indemnify the City of Ashland
the amount of any obligation it may incur on account thereof or arising therefrom.
The Contractor shall at all times observe.and comply with all Federal and
State Laws and local ordinances and regulations, in any manner affecting the con-
duct of the.work, and all such orders or.decrees as exist at the present and
those which may.be made or enacted later by bodies or tribunals having anv
jurisdiction or authority over the work, and shall indemnify and save harmless
the City and all its officers, agents and servants against any claim or liability
j arising or based on the violation of any such law, ordinance, regulation, order
or decrees, whether by himself or.his employees.
If the Contractor.fails to begin the work under contract within the time"
specified, or fails to perform the work with sufficient workman or equipment or
with sufficient materials to insure the prompt completion of said work, or shall
neglect or refuse.to remove materials or perform anew such work as shall be re-
jected as defective or unsuitable, or shall discontinue the prosecution of the
work or if the Contractor shall become insolvent or declared bankrupt, or commit
any act of bankruptcy or insolvency, or allow any final judgement to stand against
him unsatisfied for a.period of forty-eight hours, or shall make an assignment
for the benefit of creditors, or from any other cause whatsoever, shall not carry
on the work in an acceptable manner, the Director of Public Works shall give
notice in writing to the Contractor and his surety of such delay, neglect or de-
fault, specifying the same, and the Contractor, within a period of ten days after
such notice.shalI not proceed in accordance therewith, then the City in addition
to the rights and remedies to which the City may be entitled by law for the an-
forcement of its rights hereunder or upon breach of covenant shall have full
power and authority, without violating this contract, to take the
prosecution of the work out of the hands of said Contractor, to appro-
priate 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 the terms and provisions hereof,
or use such'methods as in its opinion shall be required for the comple-
tion of said Contract, in an 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 said Contractor. In case the expense so incurred by the
City shall be Bl'ess than tfie sum which would-liave"been payable under
the Contract, if-it had-been-comple-ted_by-the-Contrac'to'r hereunder,
then the said Contractor shall be entitled to receive the difference
less any damages for delay to which the City may be entitled, and in
case such expense shall exceed the sum which would have been payable
under the Contract, then the Contractor and the surety shall be liable
and agree,to and shall pay the City the amount of said excess with
damages for delay of performance, if any. The Contractor shall not
make any disposition of the plant, machinery, tools, appliances,
supplies, materials or animals used on or in connection with the work,
whether by sale, covenants, or encumbrance, inconsistent with the
provision of this Contract. This Contract may be cancelled at the
election of the City for, any willfull failure or refusal on the part
of the Contractor to faithfully perform this Contract according to its
terms and conditions.
In consideration of the faithful performance of the work herein
embraced and provided for, as set forth in this Contract, general speci-
fications and special provisions, notice to contractors, instructions
to bidders, proposal, general and detailed specifications, and plans
which are a part thereof, in accordance with the directions of the
Director of Public Works and to his satisfaction, the City agrees to
pay to said Contractor 'the amount earned by him under said Contract,
said amount to be,computed from the actual quantities of work performed
as shown by the estimates of the Director of Public Works and the unit
prices named in such proposal, plus any' amounts earned under the heading
of extra work and material as provided in-the general specifications
and special provisions hereto annexed. All payments will be made at
the times and in the manner provided in the general and special pro-
visions incorporated herein and in accordance with the regulations of
the City in regard to the payment of claims, which regulations provide,
among,-other things, that all claims against the City shall be submitted
to the City upon vouchers.
IN WITNESS WHEREOF, the said City of Ashland, has caused this
Contract to be executed for and in its behalf of its Mayor and City
Recorder, and the corporate seal of said City to be hereunto affixed
on this day and year first hereinabove written, and at the same time
the said Contractor has subscribed his name and affixed his seal hereto
in duplicate the day and year first above written.
CITY OF ASHLAND, OREGON
I, y
Mayor
By ~C'C ~
Recor&er
Date 3 l s 7 /
The foregoing Contract was
executed in our presence as:
WITNESSES:
f! C(Y, i
By
✓ r, _ By
Date
WITNESSES:
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