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HomeMy WebLinkAbout1995-037 Contract - FowlerProject No. 1426 Page No. 1 Contract for Construction CONTRACT, made on the 3 ~D day of A F~t- , 1995, by and between the city of Ashlar~, party of the first part, here/halter called the OWNER, and James W. Fowler Co. , party of the second The Contractor hereby agrees to furnish all of the roterials and all of the equipment necessary, and to perform all of tb~ work shown c~ the Dr~ and described in the Specifications for the project entitled: city of Ashland Water Treatment Plant Improvements dated February 1995. following Add~ are included as a part of these (k~fcract Docum~: No. I Date March 8, 1995 No. ? Date March 14, 1995 (A) ~he work will be substant~m] ]y c~leted 300 caler~ar days after the date when the Contract t{m~_ --~_noes to run as provided in para~ 2.3 of the ~ 14.13 of the Ge~ (k~tic~s within 330 cale~ days after the date (B) Owner and C~f.~,~ctor recognize that time is of the essenoe of this agreement and that the Owner will suffer financial loss if tb~ work is not s~ally completed within the t/me specified above, plus any extensi~ thereof allowed in aocordance with Article 12 of the Ge~ c~tic~s. ~ also recognize the delays, expenses and difficulties involved in proving, in a legal proceeding the ac~ ~] loss suffered by Owner if the work is not substantially c~lete on time. Accom~ngly, instead of re~ any such proof, Owner and O~fcractor agree that as liquidated damage~ for delay (but not as a penalty), ~ontractor sb~]l pay Owner $750 per day for each day that expires after the time specified for substantial completion until the work is substantially complete. Project No. 1426 Page No. 2 Contract for Construction $ 2,987,787.00 In oc~sider~tic~ of the faithful performanom of the work herein embraced, as set forth in these Contract Documents, and in accordance with the direction of the Engineer and to his satisfaction to the extent provided in the Contract Documents, the Owner agrees to pay to the Oc~tractor the amount bid, as adjusted in acoordar~e with the OmYcr~ct Documents, and based on the proposal made by the Contractor, to make such payments in the-manner and times provided in the The contractor shall, within ten (10) days after the receipt of the "Notice of Award," and before the c~Lm~nc~m~_nt of any operations hereunder, execute the O0mtract and furnish the Owner with a signed copy of the Performance and Payment Bond constituting a portion of the Contract Documents. AI~ICI~ V - M~T]~%NC~ OF THE SYST~4 ~he Oontractor agrees to indemnify and save harmless the Owner from any and all defects appearing or developing in the workmanship or materials performed or furnished under this contract for a period of one (1) year after the date of final a~ceptance of the entire project by the Owner. IN ~ ~R~OF, the parties hereto have exmoated this Agreem~_nt, the day and year first above written. City'of Ashland 20 East Main .Street Project No. 1426 '~-~ is su~tt_,~l as an offer by the urdersign~d to ~ h~ ~~ wi~t~ Ci~ of ~~, h~~ ~~ ~ ~ ~e "~," for ~e ~~r ~ ~ ~ ~ ~ ~ Pl~ ~ de~ ~ifi~o~ ~ ~ ~ a ~~ ~f wi~ ~ ~ fo~ ~ eff~ ~ ~ ~ey ~ a~~~. ~ off~ ~ ~~ ~ ~e foll~ ~~~ ~ ~ of of The undersigned, he~_hnafter ca/led the ,,B~dder, ,' declare~ that the only imrsors or parti~ ~ in ~ Propo~l are thos~ named her~in, that the Propo~nl i~ in all respects fa{r ar~ without fraud, and that it is made without any connect/c~ or collusion with any person making another proposal ~ne Bidder further declares that he has carefully e~mmined the Specifica- tions for the construction of the prop0~ed improvements; that he has personally inspect~ the contemplated construction area or areas; that he ha~ satisfied 'hn~alf as to the quantities of materials, items of equ/pment, and oondit/ons of work j_~volved, /r~luding the fact that the description of wDrk and materials as included herein is. brief and is ~ only to irnli~te the general nature of such items ar~ to identify tb~ said quantities with the detailed requirements of the Specifications; and that this pro~sal is made according to the provisions and under the terms of the Specifications wh/ch are hereto attached and are hereby made a ~ of this Prop~l. The Bidder agrees that if this Proposal is acceptrod, he will, within tan (1.0)?"caler~mr"days' af~-r the notification of acceptance, execute the C~utract with the' c~r~r in the form of cu~tract specified, and will, at the time of execution of the Contract, deliver to the ~wner the Performance Payment Bonds r~uired herein, and will, tm the extent of his Proposal, furn/sh all the ma~p-rials rm~ss~ry to completm the work in the manner a~d in the t/re and a~iir~ to ~th~s as .~sr~ified in the Specifications and required by the Engineer. All of the Specifications and the Plans which are listed herein have been examined by the undersigned and their terms and cor~itions are hereby Project No. Page No. 2 1426 It is understuod that the Contract Plans may be supplemented by additional drawings and specifications in explanation and elaboration of the Contract Plans and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragra?h 4 above, will have the same force and effect as if c~leted and attached hereto, and that when received, they will be considered a part of the Contract Documents. It is understood that all Q6rk will be performed under the Price Schedule outlined herein and that for said prices, all services, roterials, labor, equ/~ ar~ all work neoessary to c~plete the project in aocordance with the Plans ar~ Specifications shall be furnished for the said prices named. If there shall be an increase in the scope of the ~ork covered by the Price Schedules, it shall be cc~ on the basis of "extra work" for which an scupe of wozk, it shall be made only as a result of negotiatiOn between the ur~_rsigned and the Owner. Furthem~e, it is %=~erstocd that any estimate with respect to time, materials, equita~ent or service which my appear on the Plans or in the Specifications, is for the sole puzpose of assisting shall the ur~e~_~signed attempt to hold the Owner, the Engineer, or any other person, firm or corporation, responsible for any errors or omissions that may appear in any estimate. e ~he cash, certified _cb~c__~k, or bid bond accompanying this Proposal shall be payable to the City of Ashland to the extent of 5% of the amount of the bid required by the Specifications within the time limit named therein after notification that said Proposal is accepted, all in aoo0rdance with the provisions of this Proposal and the Plans and Specifications which are a part hereof. All items for the Co~tract for which forms are provided herein have been ccepleted in full by the showing of lump sum price or prices for each and every item thereof, and for the showing of other information indicat~ by the Proposal form. e ~he undersigned ~ that the "t/me of ompletion" shall be as defined in the Supplementary General Conditions of these Specifications and that he will ccmplete the work within the specified time after "Notice to Proceed" b~-~ been issued by the Owner. 10. The Bidder further proposes to accept as payment .in full for the work proposed herein the amount computed under the following Schedule or Bid Schedule and as further provided by the provisions of the Specifications. Project:, 1~o. ].-t26 In t2ma ab::~e lump s~ bi~ pzice, ~e hav,~ incl~ tb~ foLlc~ prices ~c~ the £ollc~ items: Sectic~ 02200, lmal~ · 1.02,B 4o ¢.Y. tbo.0o ~, 0oo,~ o Figures 4. Te~amatry (~ed per section 17800) ~ll Req'd. Lump ALl ~eq'd. T,~ $~O,00o. a Figures 142 6 par noo?)' - 11012 All l~['d ~ Sum $10~, 000 Project No. 1426 Page No. 5 In tha above lump ~.m Frick, we propose to furnish the follcz 'w/rig ~ ~ment item~ li~-t~d below by manufacturer, and Model No. ~hese itam hava he~'~ed thrc~ th~ pre-bid submittal p ~rroe~__._-~ as per .~mrtion 01300. No "d%~ to these it~ will. be a l ] owed after tha bid without approval by ~he 11001 Level Tr= _~-~_ ~ ttmr D REt~L~l~hOK ~508-11-9 1100~ 11003 11O04 11005 11O06 11007 11008 11013 15103 17800 ~0S~MC.t~T · · ~11510P3S2252~ HACH #EC1000 PACO #1012-9 ~.T l'lq't~l~ ~l ~'~71 $UTOr~ui LT .~ ? r. Filtar b,'~-erdra/n- F. B. Leopold Co., Universal Type S Batterz~y valvas LIGHTNIN' #1512-C500 DEZLrRIK ELECTRON'[CS TE _CHNO~ Theore, bidders shall furnimh the lurp. ~um pri~ ~o~%ion for a ~ ~i~ for ~e ax~ ~ ~1 ~l~e a ~ ~la~on ~ve, ~ve, p~ ~ ~1 ~1-~ ~ ~ fields ~~ for a ~le~ ~ ~'~lation ~ ~,~ ~ ~ plus. ~ pri~ ~1 ~ ~1~ ~1 ~ ~~o~ ar~ ~1 lati~ of ~1 i~s ~ p~ide a ~le~ ~~ ~. F~i~d for Third }%~c)~q'~ Pun%~._ Valv.~. Pipers, o~ts ($ cO, Ooo. o o__..j [Page 6 of Proposal deleted in Addendum No. 1.] Project No. 1426 Page No. 7 11. If the Bidder is awarded a construction Contract for ~ )~% the- % [:}uaraaS~ fro ~ot.hr~c'L A~ena~x, %~-~. whose address is 12. Th,J~ name of the Bidder who is sa~amitting this Proposal is tO 0~C$ ~. ~¥~ ~ C~ · whose address is with the Contract shall be sent. 13. 14. The names of the principal offioers of the corporation submitting this Proposal or of the partnership, or of all parties interested in this Pro- posal as principals are as follows: Pr . The undersigned, as Bidder, acknowledges that Addenda No. 0~e through ~%~u have been delivered to him and have been examined as part of the 15. In the prosecution of tbi.~ work, the Bidder proposes to use the following subcontractors. %he subcontractors by name and specialty of work are as follows: 16. The undersigned, as Bidder, acknowledges that he will comply with the provisions of ORS 279.350, '~Workmen in Public Works to be Paid Not Less Rhan Prevailing Rate of Wage." 17. Declaration of Residency I 0 b% a "resident bidder"* as defined by ORg 279.029. ("am" or "am not") I ("am" or "am not") a licensed contractor ~t to ORS 468.883. *"Resident Bidder" means a bidder that has paid unemployment taxes or income taxes in Ore~on during the 12 calendar months immecliately preceding submission of the bid, has a business address in this state and bm-~ stated in the bid whether the bidder is a "resident bidder" pursuant to ORS 279.029(6)(b). 18. The Contractor's Construction Board Registration Number is: ~01 . Project No. 1426 Page No. 8 (If sole Proprietor of Partnership) In witness hereto, the undersigned day of has set his (its) hand this , 1995. Signature of Bidder: Title: (If Oorporation) I~ Witr~SS %~ereof, the undersigned corpc~atic~ ba~ caused this i~strL~m~t to be executed and its seal affixed by its duly authorized officers this ~lSt day of ~la~£.h , 1995.