HomeMy WebLinkAbout1981-054 Contract - Sage Pipelines : . t
C O N T R A C T
THIS AGREEMENT, made and entered in duplicate this�_day of
19IN by and between the City bf Ashland, Oregon, a municipal corporation of the
City of Ashland, County of Jackson, State of Oregon, hereinafter termed the "CITY"
and Sage Pipelines, Inc.
hereinafter termed the "CONTRACTOR".
W I T14ESSETH:
That the Contractor, of the payments to be made to him by the City, in the
manner frcm and at the tirne 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 PCC sidewalk, driveway
apron, and curb and gutter. Project No. 81-06 Sidewalk Assessment District.
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 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 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 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 provisions of
Oregon Revised Statutes 279.334, and promptly as due, make payment to any person,
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form, corporation, company, partnership, or association furnishing medical , 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-
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
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 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 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 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-
forcement ofA is rights hereunder or upon breach of covenant shall have full
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power and authority, without violating this contracl , to fake 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 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, machinery, tools, appliances, supplies, materials or animals used
on or in connection with the work, whether by sale, covenants, or incumbrance,
inconsisient 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 Contractor to faiihfully 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 provisions, notice to contractors, instructions to bidders, proposal ,
'general and detailed specifications, and plans which ,ore a part thereof , in accor-
dance with the di.reciions of the 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' ihe 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 materia ! as provided in the general specifications and special provis-
lions hereto annexed. All payments will be made at 'he times and in the manner
provided in the general and special provisions incor7)orated herein and in accor-
dance with the regulations of the city in regard to The payment of claims, which
regulations provide, amount 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
six-thousand seven-hundred eighty-four dollars and eighty cents ($6784.80)
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 paymant of rnaierials and labor for the construction of the work and all
contributions or amounts due the Staie Accident Insurance fund from the Con-
tractor 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 HLAND, OREGON
BY
a or
BY `) <�
Recorder T
The foregoing contract was
executed in our presence as:
WITNESSES:
SAGE PIPELINES COMPANY
11 South Frontage Road
Gold Hill Oregon 97525
BY
BY
WITNESSES:
CITY OF ASHLAND
ASHLAND, OREGON
Bond No. 615E9507
BOND
KNOW ALL MEN BY THESE PRESENTS: That we SAGE PIPELINES COMPANY
As principal, and THE TRAVELERS INDEMNITY COMPANY
as surety, are jointly and severally held and bond unto the City of Ashland,
Oregon in the sum of SIX THOUSAND SEVEN HUNDRED EIGHTY FOUR AND 80/100THS DOLLARS-----
----------------------------------------------------------------------($6,784.80)---------
for the payment of which we jointly and severally bind ourselves, our heirs ,
executors, administrators and assigns and/or successors and assigns, firmly
by these presents.
THE CONDITION OF THIS BOND IS SUCH
That, whereas, the said principal herein has made and entered into
a certain contract, copy of which is hereto annexed, with the City of Ashland,
Oregon, which contract, together with the plans, specifications , standard
specifications, and special provisions, is herby made a part hereof, whereby
the said principal agrees to perform said contract in accordance with all the
terms, conditions, requirements and specifications set out or incorporated
therein .
NOW, THEREFORE, if the principal herein shall faithfully and truly
observe and comply with the terms, conditions and provisions of said con-
tract, in all respects, and shall well and truly and fully do and perform all
matters and things by him undertaken to be performed under said contract upon
the terms set forth, and within the time prescribed, therein, or :as extended
as provided in the standard specifications, and shall indemnify and save harm-
less the City of Ashland, Oregon, its officers and agents, against any direct
or indirect damages that shall be suffered or claimed, or against any claims
for injuries to persons ,or property arising during the construction of said
work before the same is accepted; and shall promptly pay all laborers, me-
chanics, subcontractors and material men; and shall promptly make payments to
all persons supplying to the contractor or contractors, or sub-contractors ,
labor or materials for the prosecution of the work or any part thereof provided
in said contract and shall pay all contributions or amounts due the State In-
dustrial Accident Fund or the State Unemployment Trust Fund from such contrac-
tor or sub-contractors incurred in the performance of said contract, and shall
pay all other just debts, dues and demands incurred in the performance of the
work and shall pay the City of Ashland such damages as may accrue to the City
of Ashland under said contract, or on breach therof, and shall in all respects
perform said contract according to law, then this obligation is to be void,
otherwise to remain in full force and effect.
WITNESS our hands this day of 81
SAGS PIJLIJJ CQWANY
B
P pa
THE VEL^ ND ITY t
Its Attor -in-fact
Roger C. R rock
I
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) 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 toexecute
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 an) 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 Compam when signed by the Chairman of the Board, the
President, the Chairman of the Finance Committee, any Executive Vice President, any 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 orany Department Secretary or any Assistant Corporate Secretay 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 by
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 anv power of attorney or special power of attorney 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 %IADBM
H��� By I
SEAL 3 art
?
Secretary, Surety
State of Connecticut, County of Hartford—ss:
On this 13th day of September in the year 1978 before 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.
\P D. gfF�
'.G9p�p6 Notary Public
cop' ... My commission expires April 1, 1983
NECK
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