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HomeMy WebLinkAbout1981-050 Contract - Sage Pipelines C 0 N T R A C T THIS AGRE-EI•;ENT , made and entered in duplicate this !e- day of 19B�, 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 Sage Pipelines Company , hereinafter termed the "CONTRACTOR" . WITNESSETH : 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 agreements hereinafter contained, hereby agrees for himself, successors , and assigns to furnish all materials and labor for the construction of: the 1981 Street Improvement Project referred to as Project No . 81-01 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 contributions renuired 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 . 354 , and promptly as due , make paynent to any person, form, corporation , company , partnership, or association -12- furnishing medical , surgical 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 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 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 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 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 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 - 13- 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 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 , 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 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 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 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 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 slim of one-hundred seventeen-thousand four-hundred nine & 89/100 dollars ($117,409.89) conditioned upon the faithful performance of this contract upon the part of the Contractor of all covenants and stipulations therein, in accordance with the General Specifications and Special Provisions , and the plans and specifications , and the payment of materials and labor for the construction of the work and all contributions or amounts due the State Accident Insur- ance fund from the Contractor or sub-contractor , and also complying with the provisions of Oregon Revised Statutes and any other laws of the State of Oregon relating to faithful performance of bonds for construction on public works . -14 - IN WITNESS WHEREOF, the said City of Ashland, has caused this contract to be executed for and in its behalf of its Mayor and City Recorder, and the corporate seal of said City to be hereunto affixed on this day and year first hereinabove written, and at the same time the said Contractor has subscribed his name and affixed his seal hereto in duplicate the day and year first above written. CITY OF ASHLAND, OREGON BY Mayor ` BY �n z �ic'I--� RecordeA The foregoing contract was executed in our presence as: WITNESSES: SAGE PIPELINES COMPANY 11 South Frontage Road Gold FFin Qtegaa 97525 BY BY WITNESSES: ov V - PUBLI C. WORKS CONTRACT BOND /� Bond No. 615E9519 .STATE OF OREGON �VV// Hartford, Connecticut Q (A STOCK COMPANY) .KNOW ALL MEN BY THESE PRESENTS, THAT WE, SAGE PIPELINES COMPANY (hereinafter called the Principal), as Principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Connecticut and duly authorized to transact a surety business in the State of Oregon (hereinafter called the Surety) as Surety, are held and firmly bound unto CITY OF ASHLAND (hereinafter called the Obligee) in the sum of ONE HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED NINE AND 89/100THS--------------------------------------------------------- DOLLARS ($ 117,409.89 ) lawful money of the United States of America to be paid to said Obligee, for which payment well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. .THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas on the day of A%AC,"SC 1981, the Principal entered into a contract with the Obligee described as follows: 1981 Street Improvement Project Project #81-01 .NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms of the contract and shall well and truly perform all matters and things undertaken to be performed under said contract upon the terms proposed therein and shall promptly make payments to all persons supplying labor or material for any prosecution of the work provided for in such contract and shall not permit any lien or claim to be filed or prosecution against the State on account of any labor or material furnished, and shall promptly pay all contribr tions or amounts due the State Accident Industrial Fund and all contributions or amounts due the State Unemploy- ment Compensation Trust Fund incurred in the performance of said contract and shall promptly, as due, make pay- ment to the person, copartnership, association or corporation entitled thereto of the moneys and sums mentioned in Section 279.320 of the Oregon Revised Statutes, then this obligation is to be void, otherwise to remain in full force and effect. The total amount of the surety's liability under this bond both to the Obligee and to the persons furnishing labor or materials, provisions and goods and to any other person or persons, shall in no event exceed the penalty hereof. Provided, however, that the conditions of this obligation shall not apply to any money loaned or advanced to the principal or to any subcontractor or other person in the performance of any such work, whether specifically provided for in the contract or not. This bond is executed for the purpose of complying with Chapter 279 of Title 26, Oregon Revised Statutes, the provisions of which are hereby incorporated herein and made a part hereof. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument this 1 day of 19 81 WITNESS: SAGE PIP L MPA By: Principal COUNTERSIGNED BY: Agency Corroon & Black of Oregon THE RA RS INDEMN (No longer required in Oregon) By Resident Agent Roger roc Attorney-in-Fact S-1921 NEW 8-61 Printed in U.S.A. The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Roger C. Rothrock of Portland, Oregon its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s). in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV,SECTION 14. The Chairman of the Board, the President, the Chairman of the Finance Committee, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Corporate Secretary or any Department Secretary may, appoint attorneys-in-fact or agents with power and authority,as defined or limited in their respective powers of attorney,for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him. ARTICLE IV,SECTION 16. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, any Executive Vice President, anv Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by the Cor. porate Secretary or any Department Secretary or any Assistant Corporate Secretary or any Assistant Department Secretary, or shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted bz his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to are power of attorney or special power of attornev or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 13th day of September 19 78 THE TRAVELERS INDEMNITY COMPANY o tNDE41 S - N6i ,�?. �.� ',n By �: 5 E A L „3 � r "R'�- Secretary, Surety State of Connecticut, County of Hartford—ss: On this 13th day of September in the year 1978before me personally came D. J. Nash to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut;that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. o Notary Public coNNE1. MY commission expires April 1, 1983 S-1869 Rev.4-78 Printed in U.S.A. (Over) CERTIFICATION I,Paul D. Tubach,Assistant Secretary(Surety)of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, the above quoted Sections 14. and 16. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this day of Rti(,MT 19 81 n S • c 3Y Assistant Secret ary, Surety 5-1869 (BACK) E _ C. G;. E C I C O tLo is