HomeMy WebLinkAbout1982-053 Contract - Frischman]P 82, i,) ~:,J i.ctv, eer. :he City of Ash]and, (,re?on, a municipal corporation
o~ the CJi,' of As?~]and, Count)' of Jackson, State of Oregon, hereinafter
termeS the "CITY" an,J Frischman-Roberson Exc. Inc. ,
hereinafter termed tlhe "CONT~CTOR"
h'] TNEcC'rT~'
That the Contractor, of the payments to be made to him by the City, il,
the mannt; f]:o~ and at the time hereinafter provided, and of the covenants
and agreements hereinafter contained, hereby agrees for himself, successors,
and assigns 1_o furnish all materials and labor for the construction of
Irrigation Pipeline Installation, Project No. 82-07
and to furnish all necessary machinery, too]s, apparatus, materials and
labor and to do the said work Jn the most substantial and workman-]i),e
manner according to the general provis~ohs, genera] specifications and
special provisions hereto attached, and the plans therefore on file in the
office of the City }4anager of the said City of Ash]and, Ore,on, and flu])'
adopted b)' t~e City (]ounci] of the said City,
modifications; of the same and other directions as may be made by the [i~v
Engineer as provided for t]]erein.
]t is a~;reed that said plans, specifications and provisions, and the
schedule of rates and prices at time of cons/ruction as set forth in the
proposal and in the said provisions and specifications, are hereb)' speci-
fically referred 1o and made a part of th~s contract, and shall have
same force and effect as though all the sums and provisions thereof ~,'ere
fully inserted here. in.
The Contractor' shall prompt]y, 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
Stale Unctad]or,lent Fund from the 'Contractor or an)' subcontractor incurred
in connection with the performance of this contract, and said Contractor
shall not permit any lien or clai~, to be fi]ed or prosecuted against the
City for, or on accounl of, an)' labor or material furnished or contribuiion~
required of the Contractor to the Accident Insurance and said unemp]ovrr:ent
fund, and pay ~o the Slate 'Fax Co~r. mission all sums withheld from emp]o)'ees
r~ursuant to Oregon Revised Stat~tes.
The Con~raclor further agrees to abide by and comp])' with the provi-
sions of Orefon Revised Statutes 279.354, and promptly as due, ~.,ake pa)'r:ent
to any person, form, corporation, company, partnership, or association
moNje~ ;;~,~ fur '-~chv,,~_ thc. r'r,ntTaC~OT~.~ ~T;aX', OT shall d,-duct~ ~To~; the wa~es of
his e~.~c,~.ees lot such services pursuant to the tez~s o~ OTe~on ~evJsea
Statutes Chapte~ 655 ~e]atJng thereto, an8 any contract enteTe8 ~nto ~u~-
suant thereto, oT collected o~ aeducte8 ~Tom t~e wages o~ saJa employees,
pursuant to any
or pa):Jng ffo~ such service.
/
I
]t Js a condition of th~s contract and agreed that should the Contrac-
tor ~aJ], neglect, oy ye~use to ma~e p~ompt payment o~ any claim fo~
material, ]ahoy, oz services ~u~nJshed by any person, fJ~m or corporation,
Jn connection w~th this contract, as said claim becomes due, whether
material oz services performed ~oy the Cont~a~to~, oy a su~-cont~actor,
then and Jn such event, the p~ope~ offJce~s yep~esentJng the City may, at
its election, pay such services, and cha~e the amount thereof against
Funds due, o~ to become due said Contractor, ~)' ~eason o~ this contract,
but the pa)'~ent of any such claims Jn the manne~ he~e~n authorized, shall
not ~e]~eve the ContTacto~ oT his surety ~TOm his or its obligation with
respect to any unpaid claims.
The Contractor agrees that he will be sole]), responsible for an)'
dama~oe or trespass to or upon adjacent property or injury thereto, result-
ing fro~ o~ ~n connection w~th h~s operation, and that
City harm]ess from any claim ]JabJ]~t)' or obligation arising therefrom and
~ndemnJf)' the C~tv of Ash]and the amount o~ any ofl]Jgatjon ]t may incur on
account thereof o~ arising therefrom.
The Contractor shall at all times observe and comp])' with all Federal
and State laws and local ordinances and ~egu]atJons, ~n any manner
~n~ the conduct of the woyk, and all such o~deys o~ dec~ees as e~Jst at
the present and those which may be made or enacted ]ate~ bY bodies o~
tribunals having any jurisdiction or authority over the work, and shall
indemnify and save harmless thc Cit}' and all ~ts officers, adents and
servants alsins{ any claim or liability arisin~ or based on the violation
of any such law, ordinance, regulation, order or decrees, whether by
self or his employees.
]f the Contractor fails to begin the work under contract within the
ti~ne specified, or fails to perform the work with sufficient workman or
equipment or with sufficient materials to ffnsure 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 prose,cution of the work or if the Contractor shall become
insolvent or declared bankrupt, o/ commit any act of bankruptcy or insol-
venc)', or allow any final judgement to stand a~ainst him unsatisfied for a
period of fort)'~eight hours, or shall ma}:e an assiEnment for the benefit
of credilors, or from any other cause whatsoever, shall not carry on thc
work in an acceptable manner, the Director of Public Kor):s shall give
notice in k'rfi~ing ~o the Contractor and his surety of such delay, neE]ec{
or default, snecJfvin~ the same and the Coniracior, within a period of
~en days after such notice shall not proceed in accordance therewith, then
the City in addiiion ~o the righls and re~r~edies io which the City n;a)' be
entitled by law for the enforcement of its rights hereunder or upon breach
of covenant sha~] have re]] power and authority, without vio]alin~ ~his
-]2-
~o~ l)~e c:c:.~:,~:]'~-t4o~ of ti~Js contract acco~dJn~, to the ~eTm~_ and provisiOnS
he]eot, o~ ~se such ];,ethods as Jn its opinion shall be ~equ~Ted fo~ the
completion of said contTact, in any acceptable manne~. All costs and
cha;,~es incurred b)' the City to~ethez with the costs of completing the work
unde~ the contract, shall be deducted fzom any money due oz which shall
become due sa~,d Contzacto~. In case the expense so incurred by the City
sh~]] be ]ess than the sum which would hard been payable undez the contzact,
Jf Jt had been completed by the Cont~actoz hereunder, then the said
Contractoz shall be entitled to zeceJve the dJffezence ]ess any damages fo~
de]a)' to which the City may be entitled, and in case such expense shall
exceed the sum which would have been payable undez the contract, then the
Contzacto~ and the Surety shall be ~able and agzee to and shall pay the
CJt)' the amount of said excess with damages fo~ de]ay of pezfoTmance, if
any. The Contracto~ shall not make any disposition of the plant, machine,y,
too]s, appliances, matezJa]s oz animals used on oz in connection with the
work, whethe~ 'by sa]e, covenants, or incumbrance, inconsistent with the
pzov~sJon of t]hJs contract. This contzact may be cancel]ed at the election
ut the CJt)' fo~ any willful ~aJ~u~e oz ~efusal on the pa~t of the Contzactoz
to faithfully pezfo~m this contzact according to its tezms and conditions.
In consideration of the faithful performance of the work herein
embraced and provided for, as set forth in this contract, genera] 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
Public Works and to his satisfactJon, the City agrees to pay to said
Contractor the amount corned by him under saJd contract, said amount ~o be
computed from the actual quantJties of work performed as shown by the
estimates of the Director of Public Works and the unit prices named in such
proposal, plus any a:mounts earned under the heading of extra work and
materials as provided in the general speci~JcatJons and special provisions
hereto annexed. All pa~'ments 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 pa)'ment
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 an), work under this contract, furnish bond to the City
of Ash]and in a form and w~th a surety thereon satisfactory to City in the
penal sum of l~welve thous_an_d ei~h_t _hun~dred six_ty_and 21/100 dollars_
conditioned upon the faithful performance of this contract upon the part
of the Contractor of ali covenants and stipu]at~ons therein, xn accordance
x,'~th the General Specifications and Specia] Provisions, and the p]ans and
specifications, and the payment of n~ater~aIs and labor for the construction
of the work and alt contributions or amounts due the State Accident Insur-
ance fund from the Contractor or sub-contractor, and also complying with
the provisions of Ore,on Revised Statutes and an)' other laws of the State
o~ Oregon re]azgn.~ to faithful performance of bonds for construction on
.r..ub] J c ~..'or}:s.
-13-
to be c>~ecu~ed for and ~r~ ~ts belair of its ¥- '
,,=)'or and Cit)' J.~ecorder,
~;~:d t?~e cc.~poraze .... ~ea] of ~ai~ City., to be hc. reu~to a~r~.~.):ed on this day
and year first hereinaboYe written, and at the sa~T:e tinie t~:e said
Contractor has subscribed his name 'and affixed his sea2 hereto in
duplicate the day and year first above written.
CITY OF ASHLAND, OREGON
BY
The foregoin$ contract was
executed in our presence as'
l'~'J TNESSES '
h'] TNF. SSES'
-]4-
?, AC 25 0178'47
CITY OF A'J]tLAND
ASHLAND, OREGON
BOND
KNOW ALL MEN BY THESE PRESENTS: That we FRISCHMAN & ROBERSON EXCAVATING, INC.
As principal, and ALLIED FIDELITY INSURANCE COMPANY, P.O. BOX 7001, INDIANAPOLIS,INDIANA 46207
as surety, are jointly and severally held and bond unto the City of Ashland,
Oregon in the sum of TWELVE THOUSAND EIGHT HUNDRED SIXTY AND 21/XX-
for the payment of which we jointly and severally bind ourselves, our heirs,
executors, administrators and assigns and/or successors and assigns, firmly
by these presents.
THE CONDITION OF THIS BOND IS SUCH
That, whereas, the said principal herein has made and entered into
a certain contract, copy of which is hereto annexed, with the City of Ashland,
Oregon, which contract, together' with the plans, specifications, standard
specifications, and special provisions, is herby made a part hereof, whereby
the said principal agrees to perform said contract in accordance with all the
terms, conditions, requirements and specifications set out or incorporated
therein.
NOW, THEREFORE, if the principal herein shall f'aithfully and truly
observe and comply with the terms, conditions and provisions of said con-
tract, in all respects, and shall well and truly and fully do and.perform all
matters and things by him. undertaken to be performed under said contract upon
the terms set forth, and within the time prescribed, therein, or as extended
as provided in the standard specifications, and shall indemnify and save harm-
less the City of Ashland, Oregon, its officers and age~ts, against any direct
or indirect damages that shall be suffered or claimed, or against any claims
for injuries to persons or property arising during the construction of said
work before the same is accepted; and shall promptly pay all laborers, me-
chanics, subcontractors and material men; and shall promptly make payments to
all persons supplying to the contractor or contractors, or sub-contractors,
labor or materials for the prosecution of the work or any part thereof provide
in said contract and shall pay all contributions or amounts due the State In-
dustrial Accident Fund or the State Unemploymeht Trust Fund from such contrac-
tor or sub-contractors incurred in the performance of said contract, and shall
pay all other just debts, dues and demands incurred in the performance of the
work and shall pay the City of Ashland such damages as may accrue to the City
of Ashland under :said contract, or on breach therof, and shall in all respects
perform said contract according to law, then this obligation is to be void,
otherwise to remain in full force and effect.
WITNESS oU.r hands this
8th day of NOVEMBER 19 82
FRISCHMAN & ROBERSON EXCAVA'FING, INC.
Principal
Allied Fidelity
Insurance Co.
8945 North Meridian Street · Indianapolis, Indiana 46260 · I (800) 428-5730
AC 25- 017847
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached
to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND
THE LIABILITY OF THE COMPANY, HEREIN.
THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY
SH^]~]~ NOT EXCEED_ **TWENTY-FIVE THOUSAND AND NO/100 DOLLARS.**
USE OF MORE THAN ONE POWER VOIDS
THE BOND
ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office in the
City of Indianapolis, State of Indiana, does hereby make, constitute and appoint: James L. Holloway
Medford Jackson
in the City of. , County of. ,
State of Oregon , its true and lawful attorney-in-fact, at Medford ,
in the State of Oregon , to make, execute, seal and deliver for and on its behalf, and
as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a
court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and
miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided
that the liability of the company as surety on any such bond executed under this authority shall not in any
event exceed the sum shown above.
THIS POWER VOID IF ALTERED OR ERASED
The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as
binding upon the Company as if such bond had been executed and acknowledged by the regularly elected
officers of this Company.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of
the following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly
called and held on the 29th day of April, 1982:
"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 surety and writings 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; and with respect to any Certified
Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the
Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile;
and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the
future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached."
IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto
affixed and these presents to be signed by its duly authorized officers this 6th day of July, 1982.
Secretary
BY
ALLIED FIDELITY INSURANCE CO.
President
THIS POWER DOES NOT AUTHORIZE THE
EXECUTION OF BONDS FOR LOAN GUARANTEES
STATE OF INDIANA
COUNTY OF MARION SS:
On this 6th day of July, 1982, before me a Notary Public, personally appeared H. O. CROQUART and
T. L. EADS, who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of
said Corporation.
Notary Public, Marion County, Indiana
My Commission Expires: 10/2/84
1.
2.
Notary Public
ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND.
POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD
REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS.
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY
GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW
CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE.
STATE OF INDIANA
COUNTY OF MARION SS:
I, Frances A. Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co., do hereby certify
that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Allied
Fidelity Insurance Co., which is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following
resolution of the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the
29th day of April, 1982:
"RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the
signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument
executed by the President pursuant to the By-Laws appointing and authorizing an Attorney-in-Fact to
sign in the name and on behalf of the company surety bonds, underwritings, undertakings or other
instruments described in said By-Laws, with like effect as if such seal and such signature had been
manually affixed and made, hereby is authorized and approved."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, this
8th day of November , 19 82
Assistant Secretary