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HomeMy WebLinkAbout1983-057 Vehicle Storage Bld.DEPARTMENT OF PUBLIC VVORK~ Allen A. Alsing, Director ASHLAND, OREGON 97520 December 22, 1983 CITY HALL 503-4112-'~211 Mr. L. Vic Thomas Sev~ik & Thomas 2714 Jacksonville Hwy. Medford, ~R 97501 Re: Notice to Proceed Dear Mr. ~momas: In accord with Section 13 of the Instructions to Bidders, you are hereby notified that your proposal for the construc- tion of the Covered Vehicle Storage building (base bid plus alternate C) is accepted. You are hereby officially notified that the above date will establish the time of completion of the contract not later than 120 calendar days from this date as specified in Section 21. As you discussed with Mr. Almquist last week, we will be moving to the new warehouse in January, and it is our wish to complete the covered parking structure at the earliest possible date. Your cooperation in shortening the time of comoletion would therefore be appreciated. Very truly yours, SEVCIK & THOMAS BUILDERS AND ENGINEERS CORP. Receipt Acknowledged: By: Date: CC: Dale Hofer, Savikko Eng. Jim Olson, Asst. City Engr. Allen A. Alsing, P.E. Director of Public Works CONTRACT THIS AGREEMENT, made and entered in duplicate this 13th day of II~er 1983, by and between the City of Ashland, Oregon, a munic--f~l corporation of the City of Ashland, County of Jackson,..State of Oregon,-hereinafter termed the "CITY" and SEVCIK and THOMAS BUILDERS AND ENGI_~E~RS CORP hereinafter termed the "CONTRACTOR". WITNESSETH: That the Contractor, of the payments to be made to him by the City, in the manner from and at the time hereinafter provided, and of the covenants and agreements hereinafter co.ntained, hereby agrees for himself, successors and assigns to furnish all materials ~~X~L~KM~~ and lab°r~ for the construction of a metal building covered parking facility as per plans and specifications for the Ci%y of Ashland, Oregon. Base bid plus alternate "C", and weatherproof electrical. 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, mo'difications 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 p~osecution 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 sub-contractor incurred in eohnection 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 Commis. s.~0n al.!..sums withheld_[~OTM 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 -12- .~,ishing medical, surgical and hospital cape or other needed care and ~.~tention incident to sickness or injury to the employees of the Contractor ~£ 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 555 relating thereto, and any contract entered into put- suant thereto, or collected or deducted from the wages of said employees, pursuant to,any law, contract, or agreement, for the purpose of providin§ or paying for such service. It is a condition of this contraqt and agreed that should the Contractc~-~ 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 eontract~ 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 ContractoF~ 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 obli§ation with respect to any u~paid claims. The Contractor agrees that he will be solely responsible for any damage or trespass to o~ 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 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 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 its officers, agents and 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 rejected as defective or unsuitable, or shall dis- continue th~ 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 -i3- cJntract, 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 equipmen- 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 acc~ptab, le manner. All costs and charges incurred by the City together with the costs of completing the work under the contract, shal-1 be deducted fron any money due or which shall become du} said Contractor. In case the expense so incurred by the City shall be less'than th'e sum which would have been payable under the contract if it had been completed by the Contractor hereunder, then the said Contractor shall be ent±tled 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 ~hich would have been payable under the contract, then the ~Zontractor and the surety shall be liable and agree to and sha!l pay the City the amount of said excess with damages for delay of performance, if anv. The Contractor shall"not make any disposition of the pl-~nt, 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 th~s contract. This contract may be cancelled at the election of the City for any willful failure or refusal on the part of the Contractc: to faithfully ~erform 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 l~orks and the costs n~ed 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. All 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 ~hings, 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-three thousand~ five hundred ei~htv-n~nm conditioned upon the faithful performance of ~h£s contract u~On'the phrt of the Contractor of all covenantm 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. ~ . -14- _../~/, ex-~IN WITI~ESS WHEREOF, the said City of'Ashland, has caused this contract to be ecuted 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 Recorder The foregoing contract was executed in our presence as' WITNESSES: SEVCIK and THO~iAS BUILDERS AND ENG~E~S CORP. WITNESSES: ASHLAND, OREGON BOND NO. B45 55 3] BOND KNOW ALL MEN BY THESE PRESENTS: As principal, and RELIANCE INSUP~NCE COMPANY That we SEVCIK AND THOMAS BUILDERS AND ENGINEERS CORP. as surety, are jointly and severally held and bond unto the City of Ashland~ Oregon in the sum of seventy-three thousand, five hundred eightv-ninedollars ($73,589.00). for the payment of which we jointly and severally bind oursertves, our heirs, executors, administrators arid 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 Asbland~ Oregon, which coHtract, together with the plans, specifications, standard specifications, and special provisions, is hereby made a part hereof, 'whereby the said principal agreqs to perform said contract in accordance with al! 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 ali_ 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 alaims for injuries to persons or property arising during the construction of said work before the same is accepted; and shall promptly pay all laborers, mechanics, subcontractors and material men; and shall promptly make payments %~ 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 Sta%e Industrial Accident Fund or the State Unemployment Trust Fund from such contractor or sub-contractors incurred in the performance of said contract, an~ shall pay all other just debts, due and demands incurred in the performance of the.work and shall pay the City of Ashland such damaees as may accrue to the City of Ashland under said contract, or on breach the~0'f, a~d~'s~all ~n afl respects perform said contract according to law, then th~-obligation is ~o be void, otherwise to remain in full force and effect. WITNESS our hands 'this 19th day of December 19 83 SEVCIK and THO>iASBUILDERS AND ENGINEERS CORP. -11- RE--CE IN~bl~ANCE COMP~ HEAD OFFICE.. PHILADELPHIA, PENN:SYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE I~E~;ENT~, Thru the RELIANCE INSURANCE CO6~ANY, a ¢~rp<x~o~ d~iy ~fliz~cl ~Oer tl~ ~w~ of the State of i~ tr~ a~d lawCul Atto~n~V-in-Fect. to ~ke, exec~tl. ~ and deliver fo~ anti on its behalf, ~d m lt~ ~ and ctmd ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP--- ~ to I~md the RELIANCE INSURANCE COMPANY thereby al fully Ind to tl~ =,n~ i~tem m if ~ ~ e~ ~kin~ an~ ot~r ~it,~ ~i~tO~ in t~ ~turl ~f ~ ~ by ~ E~ti~ ~f~ of t~ RELIANCE INSURANCE C~PANY ~ m~ ~ mt~ by ~ ot~r ~il ~ of Att~ b ~n~ u~ ~ ~ ~t~iw of An~ VII of t~ By-~ of RELIANCE INSURANCE C~PANY wh'~ch ~ ~f~i~ ~r 7, Ig78, ~i~ ~o~om ~e ~ in full f~ e~ efl~, ~ m f~: ARTICLE VII -- EXECUTIO~I OF BONDS AND UNDERTAKINGS 1. The Board of Direc'to~'s. the Pre~d~rt, the ~ir~ of t~ B~d, any ~ni~ Vi~ ~nt, any Vi~ P~nt or ~i~ant Vi~ ~nt ~ ot~ offi~ ~t~ ~ t~ ~ of Di~ s~ll ~ ~r e~ I~h~ity to ~) s~int Att~yl4n-Fe~ I~ To i~h~ize t~m to axle ~ ~lf of ~e ~ny, ~ end u~lki~s, r~ni~n~, ~nt~t of i~y I~ ~ ~h~ ~i~ in t~ ~ture t~f, e~ (b) 2. ATtor~?I~*F~ ~11 ~ ~ e~ authority, ~ to t~ ter~ l~ limi~tio~ of t~ ~ of m~y ia~ To t~m, to ex~te ~ ~{i~ on ~lf of t~ ~n~, ~ a~ ~ki~, ~i~n~, ~t~s of i~nity e~ ot~r ~in~ ~ti~ in t~ ~ture thereof. ~ ~e mi ~ ~ ~ for t~ ~[~ of any ~ I~ ~lki~, r~ni~n~, ~ntr~l of i~y ~ ot~r ~it~s obi~lory ~ ~ ~turl t~r~f. 3. A~or~4n-Fs~ ~11 ~ ~ e~ authority to ~y ~ ot~ ~itio~l ~ ~to~ ~aki~ ~ t~y ~11 el~ ~ ~r and ~ut~ity to ~i~ t~ fi~al ~te~t of the ~ny and ~ ~m of t~ By-~ of t~ ~ny m any ~i~e ~ ~ion t~r~f. ~ ~ of sttorn~ b t~ a~ m~ ~ ~mile u~ e~ by aut~ity of t~ foli~i~ R~l~n ~ ~ t~ ~rd of Dire~orsof RELIANCE INSURANCE C~PANY at · ~;~ ~ld on t~ "R~l~,t~t t~ ~tu~ of su~ dir~ and offi~ e~ t~ mai of t~ ~ny ~y ~ sffix~ to any ~ ~r of e~or~y ~ ~y ~if~te ~i~ t~o ~ f~mi~, ~ any ~ ~ of attor~y ~ ~ifi~e ~ring su~ f~imile ~turm ~ f~imib ~ ~ll ~ ~lid ~ bi~i~ ~ t~ ~ny e~ any ~ ~ ~ e~ e~ ~ifi~ by ~i~le ~turm e~ f~ie ~1 ~11 ~ ~lida~ bi~i~ u~nt~ ~nyint~ f~ure~th r~m toany~ or IN WITNESS WHEREOF. [~ RELIANCE INSURANCE COMPANY ~s ~ t~ mmntt to ~ ~ ~ its Vi~ ~L~nt, e~ ~s ~r~rate ~t to ~ ~rmo sffix~, this 10th ~y of Yebrua~' 19 82.  RELIANCE INSURANCE C6MPANY STATE OF Washington COUNTY OF ~Zing On rhi~ 10th c~of Yebruzry , 19 8~nelly ~ ~artes B. Schmalz to ~ k~ to ~ ~ V~r~nt 0f June 12 ,1~ 82 ~'~ ;~'~t~ ~j of Washington !, ~h~leS Y. ~iskOW . ~f~. KoL. & K. Associates, Inc. 4147 S.E. Division P.O..Box 06030 Portland, Oregon 97206 (503) 231-6570 NAME AND ADDRESS ~ ~SURE~: Sevcik & Thomas Builders & Corp. 2714 Jacksonville Hwy Medford, oregon 97501 Engineers COMPANIES AFFORDING COVERAGES C; .PAN,LE.E A Northern Insurance COMPANY B LETTER COMPANY C LEI~FER COMPAN~ D tESTER COMPANY E LET*F, EP Th)s is lo ¢..e~i~ that pOilCJes of insurance Jlste~ Delos- have Peen issu~ to the msur~ nam~ a~ve ano are m lorce at this t~me Notwiths~qomg any reqmrement, term or cond~tDn o~ any conlracl Or ot~er, a~umenl wiln res~ Io which tis ce~lfi~te may ~ ~ssu~ or may ~a)r,, the msuran~ affora~ by the ~i~c~es oe~ri~ herein is subi~ IO at! t~ A A A GENERAL LIABILITY [] COMPREHENSIVE FORM [] PR£M!S ES--OPE RAT IONS b~ £;~RLO~ION AND COLLAPSE ~ UNDERGaOUND H~ARE OPERa7 ~ONS HAZAR[ l~ B~&D ~O~M PROPEPTv DAM~G~ ~ INDEPENDENT CONTRACTOR5 AUTOMOBILE LIABILITY ~ CDMPREHENSWE ~'~ ~ H~ ,PEE GL 27363855 EXCESS LIABILITY ,~ JM~RELLA FORM ~ O-HER 1 HAN LIh~BRELLA ~ORKERS' COMPENSATION ,=,nd E,MPLO¥ E RS' LIABILITY O~HER NAM, 17327720 POLICY NUMBEr~ UB 547OOO64 6/13/84 6/_a/84 Limits of Liability in Thousands (000~ eCODILY PROPERTY COMDiNEE EACH ~3CURRENC£ 500, IEA{H P,; RS'DN [ DESCRIPTION O~ OP£R~TiONS,'LCPC. A7 IONS~'EHIC:LES Hetal Building covered parking facility Additional Insured: City of Ashllnd as respects 6/13/84 BODILY INJURY .~NE' PROPERTY DAM ~.GE COMBINED 500, ~ 1,000, 500 this job. 500 ~ 1,000, Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will X×~CXXyOb~ mail 30 days written notice to the below named certificate holder, ~ ACC}RD 25 (i-79) N~'ME AND ADDRESS OF CE~t iFICATE HOLDER City of Ashland 20 East Main Ashland, Oregon 97520 D~e ~ssueo December lq: lqR3 K.L. & K. Associates, Inc., AL;T ~.,RZ~ [ D RE PRE SEN1 ATIV[