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HomeMy WebLinkAbout1982-036 Contract - R.R. PavingCONTRACT TillS AGREEMENT, made and entered in duplicate this /5~da), of ~u~s¢ , 1982, by and between the City of Ashland, Oregon, a municipal corporaYiofi of the City of Ashland, County of Jackson, State of Oregon, hereinafter termed the "CITY" and Rogue River Paving Co., 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 covenants and agreements hereinafter contained, hereby agrees for himself, successors, and assigns to furnish all materials and labor for the construction of the 1982 Street Improvement Project No. 82-01 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 the office of the City Manager 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 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 provi- sions of Oregon Revised Statutes 279.334, and promptly as due, make payment to any person, form, corporation, company, partnership, or association -11- furnishing medical, surgical 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 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 pa~ing 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 for 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 ~t 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 ~ts 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 shall 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 upon breach of covenant shall have full power and authority, without violating this -12- 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 methods as in its opinion shall be required for the completion of said contract, in any acceptable manner. Ail 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 hav~ 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, 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 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 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 Public Works 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 such proposal, plus any amounts earned under the heading of extra work and materials as provided in the general specifications and special provisions hereto annexed. Ail 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 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 seventy five thousand six hundred twenty and no/lO0 dollars ($75,620.00) conditioned upon the faithful performance of this contract upon the part of the Contractor of ali covenants 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 amounts due the State Accident Insur- ance fund from the Contractor 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. -13- 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 Mayor Re c o r de~r ~./~7,~/~ ;~_~. The foregoing contract was executed in our presence as: WITNESSES: BY WITNESSES: -14- UNITED PACIFIC INB~U~N~ COMPANY HOME OFFICE, FEDERAL WAY. WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the UNITED PACIFIC INSURANCE COMPANY. a corporetio~ duly organized under the lav~ of the State of Wa~ington. doe~ hereby mike. constitute and al~l~oint TOMI LOU SMITH of TACOMA, WASHINGTON .... Rue md la~ul Attorn~-in-Fect. to mike. ex.ute0 mi end deliv~ f= md ~ i~ ~helf. eod ~ i~ ecl eod deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP .... and to bind the UNITE D PACI F lC INSURANCE COMPANY thereby es fully and to the same extent as if such bonds and undertakings and other writi~g~ obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such ofhcers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. Th,s Power of Attorney is granted under ·nd by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which became effect,ye September 7. 1978. which provi$,ons are now tn full force ·nd effect, read,ng as follow~: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors. the President, the Chairman of the Board, any Senior Vice President. any V~ce President or Assistant V~ce President or 3ther officer designated by the Board of Directors shall have power and authority to (a) aDl:)oint Attorneys-in-Fact and to authorize them to execute o~ behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory tn the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the I)ower and authority given to him. 2. Attorneys-in-Fact shall have 13ower ·nd authority, subject to the terms ·nd limitations of the power of attorney issued to them. to execute and deliver on behalf of the Company. bonds and undertakings, recognizances, contracts of indemnity ·nd other writings obligatory in the nature thereof. ~e corporate seal ~s not necessary for the validity of ·ny bonds and undertaking., recognizances, contracts of indemnity and other writings obh~atory in the nature thereof. 3. Attorneys-in-Fact shell have power and authority to execute affidavits required tO be attached to bonds, recognizances, contracts of ~ndem- nity or other conditional or obligatory undertakings and they shall also have power and authority to citify the financial statement of the Company ~nd to cop~es of the By-Law~ of the Company or any article or section thereof. Th~s power of attorney is signed and ~ealed by facsimile under and by author,ty of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum v~s I~'esent. and said Resolution has not been amended or repealed: "Resolved. that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or ·ny certificate relating thereto by facsimile, and any such power of attorney or certificate be·nng such facsimile s~gnatures or facsimile seal shall be valid ·nd bindmg upon the Company and any such power so executed ·nd certified by facsimile s~gn·tures ·nd facsimile seal shall be vahd and bmding upon the Company in the future with respect to any bond Or undertakmg to which it ~s att·chad." IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has Caused these presents to be signed by its Vice President. and ,ts corporate seal to be hereto aft,xed, this 29th day of September 19 81. STATE OF Washington ) COUNTY OF King ~ ss. 29th d·y of UNITED PACIFIC INSUI::~,~NCE ~OMPANY Vice President On ,his Sept.ember . 19 81~ersonaHy ~ope·red Charles B. Schmalz to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed ·nd attested the fore- going instrument and affixed the ~eel of said corporation thereto, and that Article VII, Section 1, 2. and 3 of the By-Laws of said Comp·ny, and the Resolution. ~et forth therein. ·re still in full force. June 12 .'982 Notary Public in and ;0/~'te as~in~t Resid,ng et Tac oma Charles J. Falskow I. . A--istent Secretary of the UNITED PACIFIC INSURANCE COMPANY. do hereby cert,fy that the above ·nd foregoing is · true ·nd correct COr~V of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY. wh,ch is still ,n fu~l force and effect. IN WITNESS WHEREOF. I have hereunto sat my hind and iff,xed the ~1 of said Com~)anv this NOME OFF~CE, TACOMA, WASHINGTON PUBLIC WORKS CONTRACT BOND Bond No. U30 96 83 KNOW ALL /~EN BY THESE PRESENTS: That we, ROGUE RIVER PAVING COMPANY, INC., P. O. Box 1386, Medford, OR 97501 as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a corporation, organized and existing under and by virtue of the laws of the State of Washington, and legally doing I~.siness in the State of Washington, as Surety, are held and firmly bound and obligated unto THE CITY OF ASHLAND, OREGON in the full and just sum of SEVENTY-FIVE THOUSAND SIX HUNDRED TWENTY AND NO~lO0 ($ 75,620.00 ) DOLLARS, lawful money of the United States, for the payment of which sum well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. This bond is executed in pursuance of Chaptm 39.08, Revised Code of Washington. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, That whereas the Principal entered into a certain contract with THE CITY OF ASHLAND, OREGON dated the /~%~/'; day of Z PROVEMENT PROJECT NO. 82-Ol , 19 ~' z_ , for CONSTRUCTION OF 1982 STREET NOW, THEREFORE, if the Principal shall faithfully perform all the provisions of such contract and pay all laborers, mechanics and subcontractors and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, then this obligation is void; otherw*se to remain in full force and effect. PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned or advanced to the Principal or to any subcontractor or other person in the performance of any such work. Signed ond Sealed this_ /~ .doy of 4~¢~,~(/---~/~ , 19c~-- · Counters i gned: HANSEN & ROWLAND, INC. OF OREGON Approved as to Form: 2AVZ, , g,d PA /,r, ZNC.