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HomeMy WebLinkAbout1981-049 Bond - Clarkes Backhoe ACCU Curb Bond # U 359364 CITY OF ASHLAND ASHLAND, OREGON BOND KNOW ALL MEN BY THESE PRESENTS: That we CLARKES BACKHOE - ACCU-CURB As principal, and UNITED PACIFIC INSURANCE COMPANY as surety, are jointly and severally held and bond unto the City of Ashland, Oregon in the sum of TWENTY SEVEN THOUSAND EIGHT HUNDRED FOUR AND 75/100THS - - - - - - - - - - - - - - -($27,804. 75) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 faithfully 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 agents , 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 provided in said contract and shall pay all contributions or amounts due the State In- dustrial Accident Fund or the State Unemployment 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 our hands this 30th day of July 19 81 CLAR'ES kACKHOE - ACCU-CURB r Principal UNITED P IO SUFAP9. COYFANY BY: s Attbrney-in t UNITED PACIFIC INSURANCE COMPANY HOME OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the State of Washington,don hereby make,constitute and appoint RALPH SWALLING of MEDFORD, OREGON--------- its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and n its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---- and tobind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakingsand other writings 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 officers,and hereby ratifies and confirms all that its said Attorneys)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII EXECUTION.OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and (b) to remove any such,Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute anddeliver on behalf of the Company,bonds and undertakings,recognizance,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertaking,,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem. nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority 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 was present,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 any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has mused,(fyese presents to be signed by its Vice President,and its corporate seal to be hereto affixed,this 12th day of December 19 OU _ UNITED PACIFIC NCE MPANY INS 3ps„ X �y ny"r Vice President STATE OF Washington COUNTY OF King lss. On this 12th day of December 19 80 personally appeared Charles B. Schmalz to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore going instrument and affixed the seal of mid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By-Laws of said Company, and the Resolution,set forth therein,are still in full force. My Commission Expires: ., ✓ ' ItL C4 4 gilt June 12 ,1982 2� Notary Public in and for Site of Washington Residing at Tacoma 1 Charles J. Fal Skow Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY,which is still in full force and effect. IN WITNESS WHEREOF,I haw hereunto set my hand and affixed the col of raid Company this 30th day of July (n/ � B 19 81 BDU-1x31 Ed. 4/60 3 �; � Assistant Secretary e.�,e C O N T R A C T THIS AGREEMENT, made and entered in duplicate this -364 ay of JU f 19 L, 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 Clarkes-Backhoe-Acc-Curb hereinafter termed the "CONTRACTOR". HITNESSETH: That the Contractor, of the payments to be made to him by the City, in the manner frcm and at the time hereinafter provided, and of the covenants and agree- ments hereinafter contained, hereby agrees for himself, sucessors, and assigns to furnish all materials and labor for the construction of removal and replace- ment of concrete sidewalk, driveway apron, curb, and curb and gutter Project No . 81-02 sidewalk repair south section 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 therefor on file in the office of the City Manager of the said City of Ashland, Oregon, an'd duly adopted by the City Council 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 plans, specifications and provisions, and the schedule of rates and prices at time of construction as set forth in the pro- posal and in the said provisions and specifications, are hereby specifically re- ferred 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 supply- ing 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 workmans' 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 tiled 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 provisions of Oregon Revised Statutes 279.334, and promptly as due, make payment to any person, form, corporation, company, partnership, or association furnishing medical , sur- gical 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 pursuant thereto, or collected or deducted from the wages of said employees, pursuant to any law, contract, or agreement, for the purpose of pro- viding 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 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 of- fivers 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 autho- rized, 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, resulting 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 affecting the con- duct 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 himself 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 re- jected as defective or unsuitable, or shall discontinue the prosecution of the work or if the Contractor shall become insolvent or declared bankrupt, or commit -any act of bankruptcy or insolvency, 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 de- fault, 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 en- forcement of . its rights hereunder or upon breach of covenant shall have full • - power and authority, without violating this 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 re- quired for the completion of said contract, in an acceptable manner. All 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 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 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, supplies, 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 can- celled at the election of the City for any willful failure or refusal on the part of the Contracior 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 specifications and special provisions, notice to contractors, instructions to bidders, proposal , -general and detailed specifications, and plans which are a part thereof ; in accor- dance with the di.rections of the Director of Public Works and to his satisfact- ion, the City agrees to pay to said Contractor the amount earned by him under -said contrast, 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 materia ! as provided in the general specifications and special provis- iions hereto annexed. All payments will be made at -;he times and in the manner provided in the general and special provisions incorporated herein and in accor- dance with the regulations of the city in regard to the payment of claims, which regulations provide, amount 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 twenty-seven thousand eight hundred .four dollars and seventy-five cents ($27,804.75). conditioned upon the faithful performance of this contract upon the part of the Contractor of all covenants and stipulations therein, in accordance with the General Specifications and Special Provisions, and the plans and specifications, and the payment of maierials and labor for the construction of the work and all contributions or amounts due the Staie Accident Insurance fund from the Con- tractor 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. • 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 BY o� ,JE` v� eGQG�u/i Mayor BY !c Recorder The foregoing contract was executed in our presence as: WITNESSES: A co, -c—� BY BY WITNE ES: