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HomeMy WebLinkAbout1971-008 Contract - Concrete Steel Corp C O N T R A C T THIS AGREEMENT. made and entered.in duplicate thisa6 ' day offAµgu_s ^ 19 74 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 Concretet~.e .G~tat~atian hereinafter termed the "CONTRACTOR". 111TNcSScTH: 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 he-einafter contained, hereby agrees for himself, sucessors, and assigns tp furnish all materials and labor for the construction of subgrade prepara- tion and asplialt concrete paving, Project No. 71-3. . 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 A n the office of the City Manager of the said City of Ashland, Oregon, and duly adopted by the City Council of,the said Ciiy, 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 .4or w orkmans'- 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 employocs pursuant to Oregon Revised Statutes 315,575 or 316.575. The Contractor furthor agrees to abide by and comply with the provisions of Orogon Revised Statutes 279.334, and promptly as due, make payment to any parson, form, corporation, company, partnership, or association furnishing madical, sur- gical and hospital.care 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- ficers 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 paymant 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 connection with his operation, and that he will hold the City harmless from any claim liability or.obligation arising.therefrcm 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 arising or based on the violation of any such law, ordinance, regulation, order or decrees, whether by himself or his employees. If the Contractor.faiIs 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 alloy 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 mariner, 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 shall 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 en- forcemont 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 cut of the hands of said Contractor, to,appropriaie 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 corr.pletion of this contract according to the terms and provisions hereof, or use such methods as in its opinion shall be re- quired for the completion 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 less than the sum which would have been payable under the contract, if it had been completed by the Contractor 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,.machinary, tools, appliances, supplies, materials or animals used on or in connection with the work, whether by sale, covenants, or incumbrance, r inconsis+ent with the provision of this contract. This.contract may be can- celled at the election of the City for any willful failure or refusal on the part of the Contractcr.io.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 specifications and special provislons, notice to contractors, instructions to bidders, proposal, general and'datailed specifications, and plans which are a part thereof, in accor- dance with the directions of 'he Director of Public Works and to his satisfact- ion, 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 ,l perforrred,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 mal'eria! as provided in the general specifications and special provis- tions hereto annexed. All payments will be made at the times and in the manner provided in the general and sp• cial p"rovisicns incorporated herein and in accor- dance with the regulations of the city in regard to 1-116 payment of claims, 'which regulations provide, amount other things, that all claims against the city shall be submitted to the city upon vouchers. The Contrac4cr shall, within five days after- execution of the contract and prior to doing.any work under ttris contract, furnish bond to the City of Ashland in a form and with a surety thereon satisfactory to City in the penal sum of . hirty_one thou_sZnc1, J1 eg u L sdr£i t _.i o and no 0 ( SZ L1A)_r. conditioned upon faithful perrorniance of this contract upon the part of the Contractor- of al 1.covenanfs and stipulati--ns therein, in accordance with the General Specifications and Special Provisions, and the plans and specifications, and the payment of materials and labor for the construction of the work and all contributions or amounts-due the Slate Industrial Accident Fund from the Con- tractor or sub-contractor, and also complying with the provisions of Oregon Re- vised Statutes 279.510 and any other laws of the State of Oregon relating to faithful performance of bonds for construction on public works. IN WITNESS 'WHEREOF, the said City of Ashland, has caused this contract to be executed for.and in its behalf of its Fdayor 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.saire tired 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 BY ~mayor p dU / LcY~:. By Recorder, Acfs2, The foregoing contract was DATE ~)C If2l executed in our presence a5- WITNESSES: i BY BY~ WITNESSES DATE (~JM r Q fi l Oro B ~.It to p{~ry~ HIV ~ ~ ~ 3t. Rs~ ~7 ILE€ L~l i.~l <.=^.I ~ risrrv-once Company p) FIDELITY AND SURETY DEPARTMENT - I j Bond No. CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we, CONCRETE-STEEL CORPORATION is icy i as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, as Surety, are held and firmly bound unto CITY OF ASHLAND as Obligee, in the sum of Thirty one thousand, three hundred fifty-two and no/100 31,352.00 )DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind our- selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these - presents. i WHEREAS, on the 21st day of August 1971 the Principal entered into a contract with the Obligee for subgrade preparation and asphalt concrete paving r Project No. 71-3 which contract is by reference made a part hereof and is hereafter referred to as the Contract; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall faith- fully perform said contract according to its terms, covenants, and conditions, then this obligation shall be void; otherwise it shall remain in full force and effect. Dated this 21st day of August 19 71 NC E TEE 1CORPORATION jay PRINCIPAL Be. UNITED PACIFIC IN A. E COMPANY fe: i> By ATTORNEY-IN-F.ACT - aSl B-1306 Contract- Pc9o=ance Bond Rev, 11-56 n - - - a S_ - - -