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HomeMy WebLinkAbout1998-139 Contract - North Pacific Construction ITY OF ASHLAND CONTRACT FOR WORK LESS THAN $25,000 CITY OF ASHLAND, (CITY) 20 E. Main St. Ashland, Oregon 97520 (541) 488-5300 FAX: (541) 488-5311 DATE OF AGREEMENT: October 28, 1998 COMPENSATION: see proposal attached CONTRACTOR: North Pacific Construction Company, Inc. Address: PC Box 998 Ashland, OR 97520 Telephone: 482-4865 FAX: 482-7851 BEGINNING DATE FOR WORK: immediately COMPLETION DATE: WORK TO BE PROVIDED: As described on attached proposal dated October 14, 1998. ADDITIONAL TERMS: In the event of any inconsistency in the terms of this contract and the contract attached to the proposal the terms of this contract take precedence over any conflicting terms. CITY AND Contractor AGREE: 1. All Costs by Contractor: Contractor shall, at its own risk and expense, perform the work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and workerlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor shall also procure and maintain a current City of Ashland business license. 3. Completion Date: Contractor shall start performing the work under this contract by the date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for work performed, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00 and City shall not be obligated to pay any sum in excess of $25,000.00 unless a separate written contract is entered into by City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279.312,279.314, 279.316 and 279.320 are made part of this contract. 7. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly. solely, and approximately caused by the negligence of City. 8. Termination: This contract may be terminated by City by giving ten days written notice to Contractor and may be terminated by Contractor should City fail substantially to perform its obligations through no fault of Contractor. 9 Independent Contractor Status: Contractor is an independent contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. Contractor shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract and prior to commencing any work, Contractor shall provide City with adequate proof of workers' compensation coverage. Contractor is a subject employer that will comply with ORS 656.017. 10. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any work by Contractor under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 11. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. Contractor: Date.' /¢~ .-]-,~"---~.~"- Fed. ID# ~:~'_~'~ ('~,~,~/~- ~-'~'/~:~ City~~nistrator~-"/'",: CON~N~T REvlEW.' ( )(~ FORM REWEIA/' ~ Coding: (City Dept. Head) CITY OF ASHLAND WORK CONTRACT <$25, 000 (p:forms~a-shrtwk)(rev'd 7/97) NORTH PACIFIC CONSTRUCTION COMPANY, INC. P.O. Box 998 General Contractor office: (541) 482-4865 Ashland, Oregon 97520 ccB# oo31oo3 fax: (541) 482-7851 PROPOSAL October 14, 1998 To: City of Ashland Project: City Hall office floor and wall repair Scope of Project: Remove existing floor in office next to alley. Remove wood trim on face of wall Install new pressure treated sleepers glued to the exisitng concrete floor Install 3/4" t&g Comp Ply glued and nailed to sleepers Repair voids in brick wall, fill in opening where bookcase is located flush to office side and clean brick wall. We will not be able to match up the new brick and mortor to the existing. Not included in the Proposal: - Replacing the floor of the vault - Installing new trim or bookcase - Painting - Carpet and base Estimated cost: $3,300.00 This is an estimate only. Since we do not know the condition of the existing floor and the concrete below it, it is impossible to give a firm estimate. The work would be billed on a time and material basis. Carpentry Labor: Journeyman $28.00 per hour Apprentice $19.00 per hour Material At co.st Profit and Overhead 15% Thank you Darrell A. Boldt President NORTH PACIFIC CONSTRUCTION COMPANY, INC. P.O. Box 998 General Contractor office: (541) 482-4865 Ashland, Oregon 97520 ccB# 0031003 Fax: (541) 482-7851 CONSTRUCTION CONTRACT This agreement made this 14th day of October, 1998, between City of Ashland at 20 E. Main, Ashland, Oregon, hereinafter referred to as "Owner(s)" and North Pacific Construction Company, Inc., at P.O. Box 998, Ashland, Oregon 97520, Oregon Construction Contractor's Board License #31003, hereafter referred to as "Contractor". Owner(s) and Contractor agree as follows: A~ticle I The Contractor shall perform all the work required for completion of the construction of the following project: Project Name: Office remodel Project Site: 20 E. Main, Ashland, Oregon Project Scope: Replace floor and repair brick wall (see attached Proposal) The Owner(s) shall pay the Contractor for the performance of the contract, subject to additions and deductions by change order as provided in Article VI, in current funds, the sum to be determined per the terms of the attached Proposal dated October 14, 1998. Contractor shall make application to Owner(s) for payment of all work accomplished at the completion of the projectf Owner(s) shall make payment within ten (10) days after the completion of the work, provided the contract be fully performed. Construction on the project shall commence at a time agreed upon between the Owner and the Contractor. Article II The contract documents shall consist of This Construction Contract Proposal Page 1 dated October 14, 1998, as prepared by North Pacific Construction Company, Inc. Article III The term "work" as used in the contract documents includes all labor necessary to produce the construction required by the contract documents, and all materials and equipment incorporated or to be incorporated into the project. Construction Contract - Page 2 The Contractor shall supervise and direct the work, using his best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, and sequences and procedures and for coordinating all portions of the work under the contract. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services, including subcontractors and/or their agents, necessary for the proper execution and completion of the work. The Contractor warrants to the Owner(s) that all materials and equipment incorporated in the project will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects and in conformance with the contract documents. All work not so conforming to these standards may be considered defective. All work found to be defective shall be repaired or replaced by the contractor at no cost to the Owner(s). The Contractor shall be responsible for the acts and omissions of all of his employees and all sub-contractors, their agents and employees, and all other persons performing any of the work under a contract with the Contractor. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the work he shall remove all his waste materials and rubbish from and about the project site as well as his tools, construction equipment, machinery, and surplus materials, and shall clean all surfaces and shall leave the project "broom" clean or its equivalent, except as noted otherwise. Article IV The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the work and other persons who may be affected, (2) all the work and all materials and equipment to be incorporated and (3) other property at the site or adjacent to it. He shall comply with all applicable laws, ordinances, rules, regulation and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. All damage or loss to any property caused in whole or in part by the Contractor, any sub-contractor, or anyone directly or indirectly employed by any of them, or by any one for whose acts any of them may be liable, shall be remedied be the Contractor, except damage or loss attributable to faulty drawings or specification or to the acts or omissions of the Owner(s) or their agents. Article V The Contractor shall purchase and maintain such insurance as will protect him from claims under Worker Compensation Acts and other employee benefit acts, from claims for damages because of bodily injury, including death, and from claims for damages to property Construction Contract - Page 3 which may arise out of or result from the Contractor's operations under this contract, whether such operations be by himself or by any sub-contractor or by their agents. Article VI The Owner(s) without invalidating the contract may order changes in the work consisting of additions, deletions, or modifications. The cost estimate and contract sum being adjusted accordingly. All such changes in the work shall be authorized by written change order signed by the Owner(s) or his/her duly authorized agent before the work is performed. Article VII Contractor warrants that all work and materials provided under this contract are guaranteed for a period of one year following completion of the project. Article VIII In the event of a dispute or claim arising out of or relating to this contract, or the breach thereof, parties agree, prior to litigation, to make a good faith attempt to resolve all disputes relating to this contract or the performance thereof by engaging in mediation with each party being responsible for half of the cost of such mediation. Article IX This contract does not include any asbestos abatement procedures. If asbestos is encountered, an additional charge will be made for any asbestos abatement performed. If this contract is not accepted within 60 calendar days of the date on Page 1 of this contract, the contract automatically becomes null and void. All "Owners" signing this contract agree that for subsequent change orders and agreements regarding this project, each individual is authorized to sign in behalf of all of the Owners and the signature of one of the Owners will obligate all of the Owners. This agreement, executed as of this day and year as written Contractor: North Pacific Construction Co., Inc. By: Date: , 1998 Darrell A. Boldt President Owner(s): Date: ,1998 City of Ashland Content review by ~ Legal review by -- on