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HomeMy WebLinkAbout1983-048 Agrmt-Steeck ElectricPART 1 -- PROCEDURES AND LEGAL £ECTION 107 -- AGREEMENT 7::S AGREEMENT, made and entered in duplicate this ninth (9th) day November , 19~, 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 Steeck Electric Como~ny , hereinafter termed the "CONTRACTOR". : ::T:krESSETH: :hat the Contractor, of the .payments to be made to him by the City in :he mmn- ner from and at the time hereinafter provided, and of the covenants and agree- :ents hereinafter sontained, hereby a~rees far himself .... c~so~ s. ~nd assigns ~o furnish all labor for the electric Project, Generating Equipment for Bid Schedule A ~nd to :'~=nisn all necessary machinery, tools, apparatus, and labor and to do the said work in the most substantial and workmanlike manner according to the ~ontr~ Docu- ments hereto attached, and the Contract Drawings therefor on file in the office of the Purchasing Agent of the said City of Ashland, Oregon, and duly approved by the City Engineer 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 Contract :'oc:~men:s -~nd :rovlsions. '._an ::de :~::~:u!~ .::' rates and prices aB time of construe:ion :s scs :£~r:n in :::~ ~?o~cs:± :au £:: the said provisions and Contract Documents, are hereoy specifically referrec to and made a part of this Contract, and shall have the same force mud effect as though all the sums and provisions thereof were fully inserted herein. :he Contractor shall promptly, ~ Sue, mar. e ~ayment to :i~ parsons : '~p:yin~ to said Contractor labor or supplies for the prosecution of the work provided for in this Contract, and all contributions or payment of insurance premiums for workmen's compensation ir~urance _~ provided by statute of the State of to be filed or prosecuted against tee City for, or on account of, any labor or ~upplies furnished or contributior~s required of the Contractor to the Indus- trial Accident and said ur~em:lo:~ent fund, and ~ay to the State Tax Com.-mission =I1 sums withheld fram ~:mniovees ........... sur'zuan: ~. "~?~ Rev'i~:ed ~",~,,~':~s ~1s..~75 or 316.575. PART 1 -- PROCEDURES AND LEGAL SECTION 107 -- AGREEMENT 107-2 The Contractor further a~rees to abide by and comply with the provisions of Oregon Revised Statutes 279.334, and promptly as due, make payment to any person, firm, corporation, company, partnership, or association furnishing medical, surgical and hospital care or other needed care and attention inci- dent 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 sums which the Contractor may or shall deduct from the wages of its employees for such services pursuant to the terms of Oregon Revised Statutes Chapter 655 relating thereto, a=n~ 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 providing 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 its Contract, as said claim becomes due, whether for material or services performed for the Contractor, or a subcontractor, 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 Con- tractor, by reason of this Contract, but the payment of any such cla~m~ in the manner herein authorized, shall not relieve the Contractor or its surety from its obligation with respect to any unpaid claims. The Contractor agrees Shat it w-ill be solely responsible for any damage or trespass to or upon a~jacent property or injury thereto, resulting from or in connection with its operation, and that it ~Fill hold the City harmless from ~ny claim, liability or obligation arising therefrom and indemn~_ey the City of Ashland the amount cf ~ny 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 conduct of the work, and all such orders or decrees as exist at the present ~ni tbo~e which may ~e ~ne or enacted later by bodies or tribumals having ~any . k~ ~12~ i ~ i _." ~ _ · · -~he City and all its !ity ~ising or based on the violation of ~y such law, ordin~ce, re~iation, order or decre~ whether by itself or its ~ployees. PART 1 -- PROCEDURES AND LEGAL SECTION 107 -- AGREEMENT Zf the Contractor fails to begin the work under Contract within the time specified, or fails to perform the work with sufficient workmen or equipment ':o insure the prompt completion of said work, or shall neglect or refuse to :emove materials or perform anew such work as shall be rejected as defective ~r unsuitable, or shall discontinue the prosecution of the work or if the Con- ~ractor shall become insolvent or declared bankrupt, or commit any act of Bankruptcy or insolvency, or allcw a final judgement to stand against it unsatisfied for a period of forty-eight hours, or shall make an assignment for ':: benef±t of creditors, or __-:m _~ ..... cause whatsoever '~ she work in an acceD~aoie manner the Director of ?u~lic ."~r:_s '~-~ ce in '? '+~ ~ the ' _ ..... , .... ~cs cr ...... ~rl~.~ to Ccntraczc:' 2nd its surety or such -; ~-- .efault, specifying the same. aha ~::e Contractor, within a .Der-lcd cz' -in days after such notice shall not proeeeo {n accordance therewith, then the City in ilditlon to the ri~hts and remeOles to which the City may he 9n%itled hv law _~ve full ~cwer and authority, wi~hou~ violating ~his~.,~." .... ~ .... ~u~, ~.-~ ?rosecution of the work out of the hands of said Contractor, to appropriate or :se any or all of the materials and ecui}ment on the ~round that may he suit- %hie and acceptable, and may cause a contract for the eomDletlon· cf t~a~o~ Con- Lract according to the terms and provisions hereof, or use such methods r~ in its opinion shall be required for the completion of said Contract, in an acceptable manner. All costs and charges incurred by the City together with 3he costs of completing the work '~nder the Contract, shall be deducted from :~y monies due or w~ieh shall become due said Contractor. in case snen she said ConZractor shall he .snZitled to receive ~he airfer~nce £,.;ss any :amages for delay to which the City may be entitled, and in case suca expense shall exceed the sum which would :nave been payable under the Contract. then .... Contractor and the surety shall '~ liable ~n4 :: r~.. ~ :n ~ 'Sty the s~mount of said excess with dc~nages for aelay or' ~ -r,~-.,~ :,, -' The Contractor shall not make any disposition of the plant, machinery, ~ools, ippliances, supplies, materials or animals used on or in connection with the work, whether by sale, covenants, or incumbrance, inconsistent with the provi- · ten ~f this Contract. .This Ccntrlet ~aV be cancelled at the election ©f the PART 1 -- PROCEDURES AND LEGAL SECTION 107 -- AGREEMENT ~07-4 In consideration of the faithful performance of the work herein embraced and provided for, as set forth in this Contract, General Conditions and Special Conditions, Notice to Bidders, Instructions to Bidders, Proposal, Contract Documents, and Contract Drawings 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 ~nder said Con- tract, said amount to be ccmputed fr~m the actual quantities of work performed as shown by the estimates of the Director of Public Works and the ~nit and lump sum prices named in such Proposal, plus any amounts earned under the heading of extra work and material as proviced in the Contract Doc~en~s here- to annexed. All ~ayments will ~e made as ~he times and in the ma~er provided in the General and S~ecial C.snditions incorporated herein and in accordance with the regulations of the City in re~ard to the paymen~ of claims, which regulations provide, amongst other things, that all claims against the City s~ll be submitted to the City upon vouchers. The Contractor shall, within ten days after delivery of the Notice to Apparent Low Bidder and prior to execution of this Contract, furnish a Performance and Payment Bond to the City of Ashland in a form and with a surety thereon satis- factory to the City in the penal su~ of One Hundred Percent (100%) of the Contract Amount conditioned upon the faithful performance of this Contract upon the part of the Contractor of all covenants and stipulations therein, in accordance with the Contract Documents, and the payment of materials and labor for the construction of ~he work and all contributions or amounts due the State Industrial Accident ?~and fr~m she Contractor or subcontractor, and also c~plying with the provisio~ of Ore~on ~vised Statutes 279.5]0 and ~ny o~her laws of the State of Oregon relatin~ to faithful performance of ~onds for con- struction on public works. iN WITNESS ~EREOF, the said City of ~shl~nd, has caused this Contract to he executed for and in its behalf of its TM ~,~ayor anm City Recorder, and the corpor- ate seal of said City to be hereunto affixed on this day and year first here- inabove written, and at the same time the said Contractor has subscribed his name and affixed his seal hereto to duplicate the day and year first above PART 1 -- PROCEDURES AND LEGAL SECTION 107 -- AGREEMENT ]07-5 The foregoing Agreement was executed in our presence as: CITY OF ASHLAND, OREGON L. 'r n edaris ,~.~¥or Z~\TE November 8, 1983 WITNESSES WITNESSES:: STEECK ELECTRIC COMPANY Frank Mix, Vice President DATE November 9, 1983 C ITY OF ASHLAN CITY HALL ASHLAND, OREGON 9752C telephone (Co(~e 503) 482.321~ November 9, 1983 Mr. Herman Steeck Steeck Electric Company P.O. Box'789 Medford, OR 97501 Re: Notice to Proceed Dear Mr. Steeck: Pursuant to Section 206.01 of the Contract documents, you are hereby given Notice to Proceed with such work force, materials and equipment as to ensure the completion of the Work within the Construction Time or Construction Times stated in the Contract documents, Please acknowledge receipt of the foregoing by your signature and with the date of signature on one copy of this letter. Very truly yours, Brian L. Alm~uist City Administrator BLA: ih cc: Tony Sison, R. W. Beck & Assoc. Robert Dc Nelson, Dir. of Finance Receipt Acknowledged: Ste&ck Electric Company Date: /~ ~/ Cf/ ~ PART 1 -- PROCEDURES AND LEGAL SECTION 106 -- PERFORMANCE AND PAYMENT BOND !06-1 '(NOW ALL MEN BY THESE PRESENTS: That we Steeck Electric Co. is principal, and Industrial Indemnity Company as surety, are jointly and severally held and bound unto the City of Ashland, )regon in the sum of Seven hundred seventy six thousand, seven hundred fifty and no/100 dollars ($ /7~,750'00 ) Ocr the payment of which we jointly and severally bind ourselves, our heirs, executors, aaministrators m~d ~ssi _~s mn~/or successors ~hese presents. _~HE~ CONDITION OF ~H~S ~ BOND IS SUCH ~hat, whereas, the said ?rincizal herein has made and entered into a certain ~ntract, copy of which is hereto ~nneza~. w~zh ~h~ Zitv ~ ~himnd. Cre~on, · ~;hich Contract, together with the Contract Documents are nereoy made a par~ hereof, whereby the said Principal agrees to perform said Contract in accord- ance with all the terms, conditions, requirements and specifications set out ar incorporated therein. NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said Contract, in all respects, and shall well and truly and fully do and perform all matters and ~-hinys by it undertaken to be oerfor~_ed under said Contract upon the oerms set fz. rth, and ;~ithin the time prescrited, therein, or as o::~n'a'~,-~ zs zrovided in -~-,a Contract Documents, amd shall ir.c~mnify a_n~ save narmz~zs ~ns City of Ash- land, Oregon, its officers and agents, against any direct or inmirect damages that shall be suffered or claimed, or against any claims for injuries to per- zons or property arising durin~ the construction of said work before the same c acceoted; and shall crcmotlv ?ay ~1 ~o~=~ ~'zacnanzcs su~ + ~ -~ '=nd materialmen; and shall prcmptly make payments to ~= .~ersons supplying to the Contractor or contractors, or subcontractors, labor or materials for the prosecution of the work or any ~art thereof provided in said Contract and shall pay all contributions or amounts due the State Industrial Accident Fund the City of Ashland such damages as may accrue to the City of Ashland under ~aid Contract, or on breach %h?nof. and shall in all res~ects terform 2aid ..... i,~n is .......... otherwise to ~cntract according to law, thnm ~'nis o!~!i~~ ~ to ;~ -~:~ "main in full force and .... '- PART 1 ~- PROCEDURES AND LEGAL SECTION 106 -- PERFORMANCE AND PAYMENT BOND 106-2 WITNESS our hands this 9th day of November !983 . Steeck Electric Co. · · o ~ (Princ~pal5 Fra__nk~x ~j - [~ ~ . / ' Vice Pre~i~er, t Its Attorney-In-Fact Donald k. Stathos ui er of c tt0rne No. 325 That INDUSTRIAL INI)EMNITY COMPANY, a corporalmn .r~amzcd and existing under the laws of thc State ,f California. and having its principal office in thc City of San I:rancixco, State .f C,difornia, does hereby make, constitute ami appoint .................................... DO~LD L. STA~OS ....................................... its true and lawful attorney-in-fact for it and in its name, plate and stead to cxccute on its behalf as surety, bond% undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to sm\ obligations in favor of all obligces. ?rovided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of ........................................ ~LIHI~D ......................................... and rescuing to itself full power of substitution and revocation. This Power of Attorney is made and executed in a, cordantc with the Resolution adopled by thc Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th clay of September, 1972, reading as follows: "RESOI,VED, that the Chairman of the Board or President or Executive Vice Prcside~t or Senior Vice President ~1' ~hc Company, in conjunction with the Secretary or an Assistant Secretary of this Company. be and he hereby is authorized t. execute, acknowledge or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and ~1 contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the si~atures of said officers so authorized by this Compan may he primed facsimile, lithog- rapher or othe~ise produced, and that the facsimile si~ature of any person who shall have been such officer .f this Company at Ire time of such execution, acknowled~ent or verification may continue to ~ used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof. INDUSTRIAl. INDEMNITY COMPANY has caused these presents to be si~cd and its corporate seal to bc affixed by its proper officers, at the City of S~ Francisco, California, this ~TTH day of JA~ARY , 19 7 3 Attest: D~ W. SATTE=EE, Secre,ary ~"~t~ct o STATE OF CAI, IFORNIA CITY AND COUNTY OF SAN FRANCISCO~ ss. IN I)USTI~I A I./~NDEM N ITY COMPANY . / M. S. DUNNE, SENIOR VICE PRESIDENT On this 17TH day of JANUARY , 19'73 . before me. MARY MUELLER a notary public in and for the City and County of San Francisco. State of California. personally appeared M. S. DUNNE and DONALD W. SATTERLEE known to me to be the SENIOR VICE PRESIDENT and Secretary of the corporation which executed thc within instrument, and acknowledged to me that such corporation executed the same, and that the resoluti-n referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Direct-rs on September 27, 1972, and that the same is in full force and effect. In witness whereof. I have her~_s~ m~ ~.[~;_~'-~_~ official seal the day and year in this ccrtifitatc first al,eve written. ! .:,.c O mA. ~ ~ ~V C~ '~ ~W ~' '~?~__l Nota~ Pubhc tn o. State o/d~Uro~'i~ i, DONALD W. SATTERLEE, SECRETARY of INDUSTRIAL INDEMNITY COMPANY. do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals nov,' on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNII 5' COMPANY at the City of San Francisco, California, this 9th day of November' , 1983 SEAl, DONALD W. SATTERLEE, IY04! R7 (10/72) FRED. S, JAMES & CO, 2770 Biddle Road Medford, OR 97504 (503) 773-6658 OF OREGON NAME AND ADDRESS OF H'~SURE!) STEECK ELECTRIC COMPANY P.O. Box 789 gedford, OR 97501 C{: ':/;'i?ZS AFFORO[F;G COVERAGES LilT[' I n dust r-iz~l--I~temn gea-t u-r-y--I-n dom mi-t y This is to c,}dify that poi;ties of insurance listed belo'~ h~.;',, been m¢Hefl to [r.e ;F'su ed namec ~b= ,'~, ¢,r d are in force at lhis time. No~'~thstanding any requirement term or :crc t.J* of 8ny contract or other d~ur,-:tmt wtth resp3ct to wh,ch ~hi2 s8diftcatc mR~ ,;~. ~/.ued or ms;' Fora,n, the I~SUreF168 g~force5 by the policies described herein is su~.;ect ,o &.I ~e terms, excld$i?xs and conditions of such policies. POliCY POL lC Y NUM 9F ~ [ XFi~AT ~ON O~ TF AG~ WFA A~ E COMPANY LET rER TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM , ~'~I Pr, EMISES--OPERA1 iONS EXPL()SiON AND COLI APSE HAZARD UNDEPGROUND HAZARD PRODUC rS/COMPLetED OPERATIONS HA2ARD CONI RACTU AL ,NS URANCE BROAD FORM PROPERT'(DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY I AUTOMOBIEE LIABILITY B UMBRELLA FORM OTHER THAN UMBRELLA FORM BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAM AG E OCCUi*RLNC[ SG8434274 SG8434274 CIU549550 8/i/84 8/1/84 8/i/84 COMBINED 500, PERSONAL INJUR'f BODILY INJUR't (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY iNJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED $500, 500, 5,000, ~5,000, ~ i -'---~WORKERS' COMPENSATION STATUTORY n , and nno~on~c ~l'~lo.,I '-' ~., _ ,.?,*. I OTHER -- ~i7'6,7'~0.00 IBu lder' s RSsk SM844-2964 8/1/84 i iAii Risk E~,ludinq DESCRIPTION OF OPERATIONS/LOCATiONS/¢EHICLES Reeder Culch ~ydroe]ectr~c Pro3ect - ~shland, OR Cancellation: Should any of the above desk,bed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail ~u days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. Additional Insured As Respects to NAME AND ADDRESS Of CERTIFICATE HOLDER City of Ashland, Oregon 27 ½ North Main Street Ashland, OR 97526 Builder's Risk November 9, 1983 DATE ISSUED: ~ AUTM'ORtz~'D REPR~ bjc Donald L. Stathos ACORD 25 (1-7g)