HomeMy WebLinkAbout1984-026 Rogue River PavingCONTRACT
THIS AGREEMENT, made and entered in duplicate this 14thday of August
]9 84 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 ROGUE RIVER PAVING, INC.
hereinafter termed the "CONTRACTOR"
WITNESSETH:
That the Contractor, of the payments to be made to him by the City,
the manner from and at the time hereinafter provided, and of the covenant~
and agreements hereinafter contained, hereby agrees for himself, successo~
and assigns to furnish all materials and labor for the construction of
1984 STREET IMPROVEMENT PROJECT, SCHEDULE A-B COMBINED (INCL. HELMAN,
NEVADA, ALLEY & MISTLETOE ROAD)
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 th
office of the City Administrator 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 incurrei
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 contribut!
required of the Contractor to the Accident Insurance and said unemployme~
fund, and pay to the State Tax Commission all sums withheld from employe~
pursuanl 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 paym,
to any person, form, corporation, company, partnership, or association
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f~r~ishi~g medical, surgical and hospital care or other needed care and
attenlJon incident to sickness or injury to the employees of the Contracto~
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 payin~ 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 fur
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 shal.1 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 mpon breac~
of covenant shall have full power and authority, without violating this
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contract, to take the prosecution of the work out of the hands of said
Contractor, to appropriate or use an), 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 an), acceptable manner. Ail costs and
charges incurred by the City together with the costs of completing .the wort
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 fo~
delay to which the City ma), be entitled, and in case such expense shall
exceed th~ sum which would have bee~: 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, machiner)
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 eiectio~
of the City for an), willful failure or refusal on the part of the Contract(
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, asset 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
?ub]ic ~orks 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 suc'
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 contrac
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 one hundred six thousand two hundred sixty-three and 75/100 dollars($1~,263.'
conditioned upon the faithful performance of this contract upon the part
of the Contractor of all covenants and stipulations therein, in accordance
~th the General Specifications and Special Provisions, and the plans and
specifications, and the payment of materials and labor for the constr~ctic
of the work and all. contribotions or amounts due the State Accident Insur-
ance fund from the ~ontractor or sub-contractor, and also complying with
the provisions of Oregon Revised Statutes and an)' other laws of the State
of Oregon relating to faithfo] performance of bonds for construction on
public works.
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IN WITNESS 'WHEREOF, the said City of Ashland has caused this
contract to be executed for and in its behalf of its City
Administrator and City Recorder, and the corporate seal of said
City to be hereunto affixed on this day and year first herein-
above written, and at the same time the said contractor has
subscribed his name and affixed his seal thereto in duplicate
the day and year first above written.
CITY OF ASHLAND, OREGON
City Administrator
Recorder
CONTRACTOR
Na~ of'Firm
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