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HomeMy WebLinkAbout1984-003 Contract - Purdy ConstC 0 N T R A C T THIS AGREEMENT, made and entered in duplicate this/3~day of Janu~r¥ 1984, by and between the City of Ashland, Oregon, a municipal corporatxon of the City of Ashland, County of Jackson, State of Oregon, hereinafter termed the "CITY" and PURDY CONSTRUCTION, INC. hereinafter termed the "CONTRACTOR". WITNESSETH: That the Contractor, of the payments to be made to him by ~he City, in the manner from and at the time hereinafter provided, and of the covenants and agreements hereinafter contained, hereby agrees for himself, successors and assigns to furnish all materials and labor for the construction of CONCRETE STRUCTURES AT THE ASHLAND SERVICE CENTER, 90 N. MOUNTAIN AVENUE, ASHLAND, OREGON 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 therefore 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, 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 proposal and in the said provisions and specifications, are hereby speci- fically referred to and made a part 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 supplying 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 workman's 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 contributio~ required of the Contractor to the Accident Insurance and said unemployment fund, and pay to the State Tax Commission all sums withheld from employees pursuant to Oregon Revised Statutes. The Contractor further agrees to abide by and comply with the provi- sions of Oregon Revised Statutes 279.334, and promptly as due, make paymen' to an), person, form, corporation, company, partnership, or association furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of the Contractor of a~l sums which the Contractor agrees to pay for such services and all monies and sum wlhich 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 pur- suant thereto, or collected or deducted from the wages of said employees, pursuant to any law, contract, or agreement, for the purpose of providing or paying for such service. It is a condition of this contract and agreed that should the Contrac- tor 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 officers 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 authorized, 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, result- ing from or in 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 ~t 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 ~ny manner affect- ing the conduct 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 any jurisdiction or authority over the work, and shall indemnify and save harmless the City and all ~ts 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 him- self 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 rejected as defective or unsuitable, or shall dis- continue the prosecution of the work or if the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insol- vency, 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 default, 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 enforcement 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 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 the terms and provisions hereof, or use such methods as in its opinion shall be required for the completion of said 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 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 b~en 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, materials or animals used on or in connection with the work, whether by sale, covenants, or incumbrance, inconsistent with the provision of this contract. This contract may be cancelled at the election of the City for any willful failure or refusal on the part of the Contractoi 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 specifi- cations 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 tlhe actual quantities of work performed as shown by the estimates of the Director of Public Works and the unit p¥ices named in such proposal, plus any amounts earned under the heading of extra work and materials 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 provisions 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. The Contractor shall, within five days after execution of the contract and prior to doing any work under this contract, furnish bond to the City of Ashland in a form and with a surety thereon satisfactory to City in the penal sum of Twenty-three thousand sixty and 67/100 dollars ($23,060.67) conditioned upon the faithful performance of this contract upon the part of the Contractor of all covenants and stipulations therein, in accordance with the General Specifications and Special Provisions, and the plans and specifications,, and the payment of materials and labor for the constructio~ of the work and all contributions or amounts due the State Accident Insur- ance fund from the Contractor or sub-contractor, and also complying with the provisions of Oregon Revised Statutes 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 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 Mayor BY Recorder The foregoing contract was executed in our presence as' WITNESSES' WITNESSES'