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
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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
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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.
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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 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:
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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.