HomeMy WebLinkAbout1998-049 Contract - Ashland Roof ITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25,000
CITY OF ASHLAND, (CITY)
20 E. Main St.
Ashland, Oregon 97520
(541) 488-5300 FAX: (541) 488-5311
DATE OF AGREEMENT: Dec 20, 1997
CONTRACTOR: ASHLAND ROOFING CO.
Address: 2560 SlSKIYOU BLVD.
ASHLAND, OREGON 97520
Telephone: (541) 482-5418 FAX:
BEGINNING DATE FOR WORK: January 1998 (Weather permitting)
COMPENSATION: $12,113.00
COMPLETION DATE: 30 days after initiation
WORK TO BE PROVIDED: Reroof of Ashland Fire Station # 1 over built-up roof areas. Application of Duro-Last roof
covering, single ply, in accordance with manufacturer's specifications. Re-roofing to include covering of parapet
walls with Duro-Last single ply roofing. Final inspection will be conducted by the manufacturer to insure conformity
with application specifications.
ADDITIONAL TERMS:
CITY AND Contractor AGREE:
1. All Costs by Contractor: Contractor shall, at its own risk and expense, perform the work described above and, unless otherwise specified,
furnish all labor, equipment and materials required for the proper performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that all personnel assigned to the work required
under this contract are fully qualified to perform the work to which they will be assigned in a skilled and workerlike manner and, if required to be
registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor shall also procure and maintain a
current City of Ashland business license.
3. Completion Date: Contractor shall start performing the work under this contract by the date indicated above and complete the work by the
completion date indicated above.
4. Compensation: City shall pay Contractor for work performed, including costs and expenses, the sum specified above. Once work commences,
invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30
days of the date of the invoice. Should the contract be prematurely terminated payments will be made for work completed and accepted to date
of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00 and City shall not be
obligated to pay any sum in excess of $25,000.00 unless a separate written contract is entered into by City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City.
6. Statutory Requirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract.
7. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses,
claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in
death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract
by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services
attendant to this contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or
other damages, directly, solely, and approximately caused by the negligence of City.
8. Termination: This contract may be terminated by City by giving ten days written notice to Contractor and may be terminated by Contractor
should City fail substantially to perform its obligations through no fault of Contractor.
9. Independent Contractor Status: Contractor is an independent contractor and not an employee of the City. Contractor shall have the complete
responsibility for the performance of this contract. Contractor shall provide workers' compensation coverage as required in ORS Ch 656 for all
persons employed to perform work pursuant to this contract and prior to commencing any work, Contractor shall provide City with adequate
proof of workers' compensation coverage. Contractor is a subject employer that will comply with ORS 656.017.
10. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general
liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and
completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned
automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property
damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be
provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds.
Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any work by Contractor
under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive
modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing
company "will endeavor to mail" written notice is unacceptable.
11. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of
City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract
shall not create any contractual relation between the assignee or subcontractor and City.
Contractor: /. CITY OF ASHLAND:
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its ,/~'~'~ ,,. ,'~" ~x (
Fed. I D ~<:/'~ E' %'~V ~ ~',~'- Coding: (for City purposes only)
CITY OF ASHLAND WORK CONTRACT <$25,000 (p:formsla-shrtwk)(rev'd 7/97)
CONTENT R~IEW: a
FORM R~IEW:
Indemnity Company of California
Developers Insurance Company
17780 Fitch
Irvine, California 92714
(714) 263-3300
Bond No. 444923P
Performance Bond
"Printed in cooperation with the American Institute of Architects (AIA) by the Insco/Dico Group. The language in
this document conforms exactly to the language used in AIA Document A311, February, 1970 edition."
KNO¥~,' ALL MEN BY THESE PRESENTS: that
Ashland Roofing Inc.
2560 Siskiyou Blvd.
Ashland, Oregon 97520
as Principal, hereinafter called Contractor, and,
Indemnity Company of California
One Centerpointe # 420
Lake Oswego, Oregon 97035
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
as Obligee, hereinafter called Owner, in the amount of Twe 1 ve
(Here insert full name and address or legal title or Contractor)
(Here insert full name and address or legal title of Surety)
(Here insert full name and address or legal title of Owner)
thousand one hundred thirteen and
n0/100 .................................................... J:)ollars ($12,113.0C~,
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated ][/6
(Here insert tutl name, address and description ofproject)
Reroof of ^shland FJre StatJon # !
in accordance with Drawings and Specifications prepared by
1908 , entered into a contract with Owner for
(Here insert full name and address or legal title of Architect)
Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
ID 082 AIA - Public Pedormance (10/92)
PERFORMANCE BOND
NOW, TH EREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to
be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety may.
promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions,' and upon de-
termination by Surety of the lowest responsible bidder, or, if
the Owner elects, upon determination by the Owner and
the Surety jointly of the lowest responsible bidder, arrange
for a contract between such bidder and Owner, and make
available as Work progresses (even though there shou Id be a
default or a succession of defaults under the contract or
contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the
balance of the contract price; but not exceeding, including
other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the contract price," as used in
this paragraph, shall mean the total amount payable by
Owner to Contractor under the Contract and any amend-
ments thereto, less the amount properly paid by Owner
to Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond to or for the
use of any person or corporation other than the Owner
named herein or the heirs, executors, administrators or
successors of the Owner.
Signed and sealed this
6th
day of January 19 98
(witness)
Ashland Roofing Inc.
(Principal)
(Title)
(Seal)
(Witness) /
__]~.demnity Com__p~_~y of Californ':.a
' ...../Ba;bara Pink'~'am~it~torney- in-fact
InSC l
Indemnity Company of California
Developers Insurance Company
17780 Fitch
Irvine, California 92714
(714) 263-3300
Bond No. 444923P
Labor and Material Payment Bond
"Printed in cooperation with the American Institute of Architects (AIA) by the Insco/Dico Group. The language in
this document conforms exactly to the language used in AIA Document A311, Februa~, 1970 edition."
This Bond is issued simultaneously with Performance Bond in favor of the Owner conditioned on the full and
faithful performance of the Contract.
KNOW ALL MEN BY THESE PRESENTS: that
Ashland Roofing Inc.
2560 Siskiyou Blvd.
Ashland, Oregon 97520
as Principal, hereinafter called Contractor, and,
Indemnity Company of California
One Centerpointe # 420
Lake Oswego, Oregon 97035
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
(Here insert full name and address or legal title or Contractor)
(Here insert full name and address or legal title of Surety)
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of Twel ve thousand one hundred thirteen and no/100 ........ Dollars(S12,113.00),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated 1/6
(Here insert full name, address and description of project)
Rer00f of Ashland Fire Station # 1
m accordance with Drawings and Specifications prepared by
19 98, entered into a contract with Owner for
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
ID 083 AIA - Public Labor and Malerial Paymemt (10/92)
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonable required for use in the performance of the
Contract, then this obligation shall be void; othervise it shall remain in full force and effect, subject, however, to the
following conditions:
1. A claimant is defined as one having a direct contract
with the Principal or with a Subcontractor of the Principal for
labor, material, or both, used or reasonably required for use
in the performance of the Contract, labor and material being
construed to include that part of water, gas, power, light,
heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly
and severally agree with the Owner that every claimant as
herein defined, who has not been paid in full before the
expiration of a period of ninety, (90) days after the date on
which the last of such claimant's work or labor was done or
performed, or materials were furnished by such claimant,
may sue on this bond for the use of such claimant, prosecute
the suit to final judgment for such sum or sums as may be
justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other than one having a direct contract
with the Principal, shall have given written notice to any two
of the following: the Principal, the Owner, or the Surety
above named, within ninety (90) days after such claimant
did or performed the last of the work or labor, or furnished
the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name
of the party to whom the materials were furnished, or for
whom the work or labor was done or performed. Such
notice shall be served by mailingthe same by registered mail
or certified mail, postage prepaid, in an envelope addressed
to the Principal, Owner or Surety, at any place where an
office is regularly maintained for the transaction of business,
or served in any manner in which legal process may be
served in the state in which the aforesaid project is located,
save that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on
which Principal ceased Work on said Contract, it being
understood, however, that if any limitation embodied in this
bond is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so as
to be equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court of competent jurisdiction in
and for the county or other political subdivision of the state
in which the Project, or any part thereof, is situated, or in the
United States District Court for the district in which the
Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to
the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
Signed and sealed this
6th
day of January 19 98
Ashland Roofing Inc.
(Principal)
(Seal)
(Witness) /
Indemnity Company of California
_ ./ Ba rba ra"l~Yhq~h~; Attorney- i n-fgct
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
PO. BOX 19725, iRVINE, CA 92713 · (714)263-3300
NOTICE ,:'-i: aower and authority herein granted ,~h~ll ',n any event terminate on the 31st day of March, 1999.
2 :h~s Power of Attorney Is void ¢ altered ~-~r !f any portion ~s erased.
3 ~;h~s Power of Attorney ~s void unless the seal *s readable. the text ts ~n brown ink, the signatures are in blue ink and this notice is in red ink.
4 ~ h,s Power of Attorney should not be returqed to lhe Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not iomtly, hereby make, constitute and appoint
N° 282913
***JAMES R. COX, BARBARA PINKHAM, PHYLLIS HITE, VIRGINIA MONTES, ALBERTA EMERY,
HELENE B. HAYES, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
m an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority
to do and to perinrta every act necessary, requisite or proper to be done m connection therewith as each of said corporations could do, but resewing to each of said corporations full
power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney ~s granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qua!if~,ing the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be vahd and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 14th day of June, 1995.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
Secretary
D ~fJ.~t epFr~ ;~j;;;lt i, j r.
Walter Crowell
Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On June 14, 1995, before me, C.V. Bdnk, personally appeared Dante R Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
S~gnature NOTARY PUBLIC- CALIFORNIA
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS IN$URANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of/t..he date of this Certificate.
This Certificate is executed in the City of Irvine, California, this ~_~:'~/~ day of/~//~' .... ,:.. :'/, 199/~': .
IINDEMNITY C(:~:.AN, OF CALIFORNIA ." DEVELO. ,¢ ;"!7E coMPA.Y
L.C. Fiebiger \~\..~ '~' ~./(..~/ L.C. Fiebiger
Senior Vice President ~-~/ ~:1~ Senior Vice President
ID-310 REV 12/96)