HomeMy WebLinkAbout1984-007 Landscape Development i
I
I
I
I
I
I
I
I
I
I
I
!
I
!
i
DIVISION D
FORM OF AGREEMENT
PAGm 1
FORM~ OF AGREEMENT
ASHJ~A~D JUSTIC~ CENTER
LANDSCAPE DEVELOPMENT
T~IS AGREEM~mT made and entered into this---~/~ day of
January , 1984, by and between the City of Ashland, Oregon, a
municipal corporation and existing under the laws of the State
of Oregon, Party of the First Part, hereinafter called the
"CITY"and. Terry D. Lippert of Pro .Maintenance; TDr , Party
of the Second Part, hereinafter called the "CONTRACTOR.'
WITNESbETn:
That the Contractor in consideration of the covenants,
agreements and payments to be performed and maae Dy the City
hereby covenants and agrees to ~urnish all labor, tools,
materials, equipment ana supplies for the landscaping of the
~shland Utility ~ervice Center, Ashland, Oregon, and to execute,
construct ana furnish all work in full compliance with this
Agreement, the Landscape Drawings, Specificagtions and all
Addenda ~s defined~in the Bid Proposal for the sum
~'£n~rty zour thousan~ eight Dollars ($34~850 00 )
Olhundred fifty _ · -
Unaer the same Gate as this contract, the Contractor is
£urnishing the City with a Corporate Surety Bond with
of (address) as
surety in the amount of Thirty four thousand eight hundred fifty dollars
($ 34,850.00 ); said bond to insure ~ull compliance, full
execution and performance of this Contract by the Contractor in
accordance with all its terms and provisions.
The Contractor agrees to complete the work within the time
specified and to accept as full payment hereunder the amounts
stated in the Bid Proposal and the City agrees to make payments
from the'special funds, at the time, in the manner and upon the
terms and conditions in the Bid Proposal, General Conditions and
Supplementary Conditions of the Contract.
Time is of the essence in this contract, therefore, the
Contractor agrees to commence the work immediately and to fully
c~mplete the work of this contract within 130 calender days.
If the work is not fully completed as state~ aDove, the
Contractor, and his surety, shall be liable for and shall pay to
the City One ~undre~ Dollars ($100.00) per calender day.
DIVISION D
FORM OF AGREEmeNT
PAGE 2
iN WITNESS WHEREOF the parties hereto have caused these presents
to be duly executed.
CITY OF AShLAnD, OREGON
Party of the First Part
( Mayor )
ATTEST':
Cit~ Recorder
APPROVED:
Attorney
PRO MAINTENANCE, INC.
,,,~-%~--~he ~e~cond P..art
The Labor and Material
to Bidders, Section B,
Payment Bond requirement defined in the Instructions
shall be executed in essentially the following form:
'LABOR AND MATERIAL PAYMENT EOND
Approved by The American Institute of ~chitects
A. I. A. Document No. A-31] (Sept. ]963 Edition)
ENOW ALL MEN BY THESE PRESENTS:
361317
BOND NUMBER ............
........................................................................................................................................................................................ as Principal,
hereinafter called Principal, and SURETY INSURANCE CO['~ANY OF a corporation organized and existing under the laws
CALIFORNIA
of the State of California as Surety, hereinafter called Surety, are held and firmly bound unto
........................................
is Ob]iaea, hereinafter called Owner, for the use and benefit of claimants as hereinbeiow defined, in the amount of ..~.~..I_~_T..'~_.¥_.O.~.~___
THOUSAND EIGHT HUNDRED FIFTY & 00/100 Dol~ars ($ 3.4.~.850.00
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 January 198Z~ entered into a contract with Owner for
"Ashland Utility Service Center Landscape Development"
(Here insert f~ll r.~me, till,_ zr~
Engineer
........................................................................................................................................ ~hkh contract is by reference made a
hereof, and is hereinafter refl.=rred to as the Contract.
NOW, THEREFORE, 'THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment t~
claimants as herein~te,' defined, for all labor and material used or reasonably required for use in the pedormance of the Conlract, then this
obligation shall be vci~: otht~rc;is~- it shali remain in full force and effect, subject, however, to the foliowinF conditions:
fl) A claimant is d~fin.~d as one havin~ a direct contract with the Principa! or with a sub-contractor of the Principal for labor, material,
or both, used or rez~sonabiy required tot use in the pedorm~nce ct the contract, labor and m-=terial being construed to include tfat
part of water, gas, power, ti~'ht, heat. oil, [~soiine. telephone service or renta! of equipment d~rec~,'.,' a:oiicabie to the Contract.
f.Z) lne eb;ve-r,;med Fri:ncioz] and Surety hereby jomtly and severally agree with the Owner that every c!a;~,,anl es herein defined,
has not been p~id in lull belore the expiration ct a period of mnety (90) d.*ys aher the d~.e cn which tn~ last ~f s'.'ch claimant's
work or labdr was dena or pedormed, or materia!s were furnished by such claimant, may su~ ~r, this bond for the use of such
claimant, pro_,~cute the suit to final jud£ment for such sum or sums as ma)' be iustiv due
· o c~:,,,,:,,., and ha,'e execution thereon.
Owner shall not be hable for the payment of any costs or e~:~-enses of any such suit.
(3) No suit or e~,,~n shall be commenced hereunder by any claimant.
~ Unless cia:mont, other then one ~;'ing a directc~n,,¢., ...... with the Frin:i~a',, shall have ICi,eh '
~n,,.n notice to any two of thc
following: The Principal. the Owner, or the Surety above r, amed. within ninety tot,) days acer such cldJmant did or pedormed t~e
last of the work or I~Dor, or furnished the last of the m;te~ia!s for which s~id ciaim is mace. slam[ with substantial accuracy
the amount ciaimed and ti-,e name of the part)' to whom the m~;;er;ais were furnished, er for v.'n:.m t,he work nr labur was done or
performed. Such notice shall be sar'red by mailing the same by registereC F,.z~i or certifer; mai!, postage pre;aid, in an envelcse
addressed to the Prmdpal, Owner or Surety, at any place where ar, offic~ is re£:',arly r,,aiatained for the transaction of business.
or served in any man,er in wh}ch legal process may be se,wed in the s~ate in which the aforesaid project is tocated, save that
such service need not be made by a public officer.
lb} After the expiration of one (1))'ear followiniz the date on which Prind;al ceased work on said Contract, it being understood,
however, that if any limitation ~m~odied in this bond is prohibited by an)' la',',' controlling the ccr. struetion hereof such limitation
shall be d~emed to be amended so as to be equal to the minimum patio: of limila:icr, ~e;mitted by such law.
(c) Other than in a state court of competent jurisdiction in end for the county or ethel politkai sub.iivision of the state in which the
project, or any part thereof, is situated, or in the United States District Court, for the al!strict in which the project, or any part
thereof, is situated, and not elsewhere.
(4) The amount cf this bond shall be reduced by and to the e~tent of any payment cr pa'Vms-nfs --~.,,.~. in Eood faith hereunder, inclusive
of the paym[nt by 'Ss;ety of mc:hanks' liens whkh may ~': filed of record zd~}nst said '- ........
~. . h,,~X,6,,::n~, ~h.,her or not ciaim for the
amount of such lien bepr.s.n..~¢ o +o ' un_.., ~.' and against this bond.
In the P~.o_.ivla%,n__Cen&nce, Inc.
presence of: ~-- ................................. -:~ ..........
SUR~TS~·~ANCE COMP~F CALIF~'~
Erlstine T. Nieder, Attorney-in-fact.'~'.'
D-5
Performance Bond requirement defined in the Instructions to Bidders, Section B,
shall be executed in essentially the following form:
PERFORMANCE BOND
· Approved by 1he /[merican Institute of Architects
A. I. A. Document No. A-311 (February 1970 Edition) .
361317
BOND NUMB£R .....................................................................
KNOW ALL MEN BY THESE PRESENTS:
............................. ~ ................................................................................................................................................ ~ .......................................... as Principal.
hereinafter called Contractor, and SURETY INSURANCE COMPANY OF a corporahon organized and existing under the laws
- CALIFORNIA ' The Cit~, of
of the State of California as Surety, hereinafter tailed Surety, are held and firmly bound unto ........................... .Z. ..........
as Obligee, hereinafter called Owner, in the amount of ..... %h.i.x.~.~.=f..o.~r....~h~.u.s.an.d...,.e%gh.~....h.undre.d....£.~.£.~,~.
tot the paymen, whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WNEREA. S, Contractor has by written a~reement dated .....~...a....~..?:....~..?:..~. .......... 19...8...,4entered into a contract with Owner for
"AshlandL Utility Service Center Landscape Development"
~ere inserz ~ull name, title an~ aedress~
Enoineer ,
........ c~ ......................................................................................................................................................... which contract ~s by reference made a part
hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perlorm
said Contract then this obliga,ion"' slhall 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 pedormed Owner's obligations
thereunder, the Surety may promptly remedy the d~iault, or shall promptly
(1) Compiete the Contract in accordance with its terms ~,nd conditions, or '
(2) Obtain a bid or bids for completing the Contract in accor,~ance with its terms and conditions, and upon det~.rmin~tion by Surety of the iow-
est responsib:e bidder, or, if the Owner elects, upon delermmatmn by the Owner and the Surety jomtly o! the lowest responsible bid'.er,
arrange for a contract between such bidder and Owner, anu make avaiJaMe as 'hork progresses (even thoJgr, there snouid be a default or
succession of defaults un,er the contract or contracts of compietion arran~eo un0er this paragraph) s:ff,':ient tunds to pay the cost of
cc-n. pietmn less the balance of the contract price; but not exceeding, inciudm'g other costs and oamages for which the Surety may be liable
hereunder, the amount set forth in the first para[:aph befool. The term "balance of the contract pr:ce," as used in this paragraph,
mea~ the tofaI amount payable by Owner to Contractor under the Contract and any amendments there[o, le~ the amount properly paio by
Dy, nar 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 tails due.
No right of action shall accrue on this bond to or for the use of any person or corporation cf her than the Owner named herein or
the heirs, executors, administrators or successors of the Owner.
· · 31' January
Szgned and sealed th,s ........................................ day of ............................................. 19.84
P~-PPa%-~ en an c e
Inc
(witness) ~ \ - - U k Princip~
SURETY INSURAI~CE COMPANY OyC~LIFORNIA
D-4 Kristine T. Nieder, Attorney-in-fact
SURETY INSURANCE COMPANY
OF CALIFORNIA
"~he Dollor~ ond Sense Surety"
P.O. BOX 2430
LA HABRA, CALIFORNIA 90631-1630
HOME OFFICE IN LA HABRA, CALIFORNIA
CERTIFIED COPY OF POWER OF A~rORNEY
N 3125
KNOW ALL MEN BY THE,qE PRE,~ENTS: That Surety Insurance Company of California, a California Corporation, hav-
ing its principal Office iai the City of La Habra, County of Orange, State of California, pursuant to the following By-Laws
which were adopts! by the Directors of the said Company on the 9th day of April, 1969 and are now in effect, to-wit:
"Article IV, S~ction 7(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize
them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity, and other writ-
ing~ obligatory in the nature thereof, and he may at any time in his Judgment remove any such appointees and revoke the
authority given to them."
Hu made, cormUtuted and appointed and by these pre~ents does ma~-e, constitute and appoint
......................... K_ .r_..i...s. ~..i...n..e......T_..'..__N..i_e..d..e .~ ...................... of ...... portland..,...0...r..e.~..°...n. ......................................................
its true and lawful agent and attorney-tn-fact, to make. ~ ~-~ ,::,[e. sea! and d~liver for and on its behalf as surety, and as
its act and deed. all of the following cla~ses of documem~, t~ wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be
given tn any action or proceeding in any court of law or equity; policies indemnifying
employers against loss or damage caused by the misconduct of their employees, official,
surety and fidelity bonds.
TIlE AUTHORITY OF THIS POWER OF ATTOI4NEY IS LIMITED TO
FOUR HUNDRED THOUSAND DOLLARS AND N0/100, ($400,000.00)
FOR ANY SINGLE BOND.
THIS POWER OF Aq~fORNEY IS VALID ONLY i,'k)r~ A BOND OR UNDERTAK-
PRIOR .................... ....................................
az full~~)~o
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company
~ll intents and purposes, as if they had been duly executed and acknowledged by the regularly
at its office in I~ Habra, California in their own proper persons.
Surety Insurance Company of California has caused these presents to be signed by its duly
to be hereunto affixed this 8~1 ...... day of ....... ..D...~..c..¢...m..b..e..¥. ............ 19..~...~. .....
SUli~T¥ INSUR,~u~/i~E COlliPAN~ OF
By ........ ~~..
~ldent
CO~ OF O~NGE
On ~a~.~.day of .......... P~.~.~.~ ........... A.D. 19. ~ .... bef~)r~ Lhe ~ubscriber, a Notary ~blic of the State of
C~ifor~a, In ~d for the County. of Orange. duly commissioned and qualified, came John F. Merrill, President of
~S~ CO~ OF CAI.WORNI~ to me personally kno~ to be the in~vidual and officer descend ~, and
who executed ~e preceding inst~ent, and he acknowledged the execution of the same, and being by me duly ~o~,
de,zed and said ~t he Is ~e officer of ~e said Compary aforesaid, and that the seal affixed to ~e preceding i~t~-
ment is ~e Co,orate Seal of ~id Company, and ~e said Corporate Seal ~d his si~ture as officer were d~y ~f~ed
and ~bsc~bed to ~e said i~t~ment by ~e authority and direction of the said Co~omtion, and ~at A~icle ~, Sec~on
7(b) of ~e By-~ws of ~id Company. referred to in the pr~ed~g t~t~ment, is now in force.
~ ~S~O~ W~REOF, I have here~(o set my hand. and aff~ed my Official Se~ at ~e City of ~ Habra, ~e
~y and year first a~ve ~ttem ....................................
......................
CERTIFICATION M> Co,nm. [xpi~ No~. IS, 19~6
l, the undersized, ce~ Lily that ] am the Secretary of SURETY INSU~A~C~ COmpAny OF CALIFORNIA and ~t
the Power of Attorney re~:: n>~ m rut! t',qr'ce a~ effect, and has not been revoked; and furthermore that ArLicle IV, Section
7(b) ~y-~ws of said company as set forth in said P(~wer of Attorney, are now in full force and effecL.
~ T~ST~O~Y WHEREOF, I have hcrcunto subscribcd my name and a~fixe~ the corporate seal of the said Company
,. January 1S._8) ......
31
~is ............day ( z ................................................... , ...
(S~,) S~re~ ............................................
~m(Rev.12/87 Phillip R. Gilbert
0