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HomeMy WebLinkAbout1980-026 Contract - Ashland Construction C O N T R A C T' THIS AGREEMENT, made and entered in duplicate thlsjy~ day of. March 1980, 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 Ashland Cnnatrurtion Tnc. , hereinafter termed the "CONTRACTOR"; WlT14ESSETH: That the Contractor, of the payments to be made to him by the City, in the manner frcm and at the time 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 Concrete curb and gutter, concrete curbs and Pelican type catch basins as shown on the plans. 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 accordina 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 prIvisions of, Oregon Revised Statutes 279.334, and promptly-as due, make payment to any person, Cal , form, corporation, company, partnership, or association furnishing rrodiiI sur- gical and hospital care or other needed care and attention incident to sickness ll or injury to the employees.of the Contractor, of a 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 anyicontract 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 ma payment of any connection with labor, or services furnished by any person contract, as said claim becomes due, whether for material or services peoreoro d for the Contractor, or a sub-contractor,. then and In such event, the pi p 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 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 Idamage 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 Fimself 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 enti r the forcementgofsitsdrights'hereundercortuponlbreach of covenant shall have fullen i '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 rretnods 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 mire 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, applianres, supplies, 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 can- celled 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 contraci, ysneral specifications and special provisions, notice to contractors, instructions to bidders, proposal, general and detailed specifications, and plans which are a part thereof, in actor- dance with the directions of the Director of Public Works and to his satisfact- ion, the Ciiy a9recs tc pay to said Contractor the amount earned by him under said contract, said arnount to be computed from the act~~al quantities of wort: 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 mai'eria! as provided in the general specifications and special provis- tions hereto annexed. All payrrents will be Tade at the times and in the manner provided in the general and spacial provisions incorpc-ated herein and in accor- dance with the reguiation, of the city in regard io tl!e payment of claims, which regulations provide, amour:t 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 Nine thousand 'eight hundred ninety three and 10/100 dollars ($9,893.10) ; con- diiioned upon the faithful performance of this contract upon the part of the Contractor of all covenanis 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 an.ounts'due the Slate Accident Insurance -.Fund fror, the Con- tractor- or sub-contractor, and also complying with the provisions of Oregon Re- vised Statutes . and any other laws of the Slate of Oregon relating io faithful performance of bonds for censtruciion 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 BY oo~~r <yeri vo) BY /Z'ea~ -;Z1 le~ Recorder I The foregoing contract was executed in our presence as: WITNESSES: BY B WITNESSES: /5~- a sf i CITY OF ASHLAND ASHLAND, OREGON BOND BOND NO. SB 1 5776 KNOW ALL MEN BY THESE PRESENTS: That we ASHLAND CONSTRUCTION, INC. As principal, and OREGON AUTOMOBILE INSURANCE COMPANY as surety, are jointly and severally held and bond unto the City of Ashland, Oregon in the sum of NINE THOUSAND EIGHT HUNDRED NINETY THREE AND 10/100--------- 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, I standard specifications, and special provisions, is herby made a part hereof, whereby the said principal agrees to perform said contract in accordance1with 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 inl 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 ✓3R~ day of &9)1. 19 20 M OR 1gf f ' rinci pa cv ~CElyfp OREGON AUTOMOBILE INSURANCE COMPANY n7slneem4 Joa PastAttorney-in-fact