Loading...
HomeMy WebLinkAboutFluor Bros Leach Amphitheater 2009CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 9th day of June, 2009, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FLUOR BROTHERS CONSTRUCTION CO., 2030 Otter Ave., Oshkosh, WI 54901,party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: for storage facility for Leach Amphitheater, pursuant to Resolution 09 -216, adopted by the Common Council of the City of Oshkosh on the 9th day of June, 2009, all in accordance and in strict compliance with the Contractor's bid form attached hereto and other contract documents referred to in ARTICLE V of this contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $74,400.00 plus Alt —1 Provide slab -on -grade $10,380.00, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in Writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Contractor's Proposal 3. Plans 4. Specifications, including any addenda 5. Instructions to Bidders 6. Advertisement for Bids 7. General Conditions In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor' wherever used in this contract means the party of the second part and its /his /their legal representatives, successors and assigns. 2 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: (Seal of Contractor if a Corporation.) CONTRACTOR FLUOR BROTHERS CONSTRUCTION CO. By: (Specify Title) CITY OF OSHKOSH By: �' -� Revue Mak A. Rohloff, C ity Manager' And Pamela R. Ubrig, City PPP k �r I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City 6offifftroller 03 (5peciry i ine) AECOM 60097777 Bid Form Leach Amphitheatre Storage Facility Section 00300 Page 1 SECTION 00300 BID FORM The undersigned, having familiarized himself with the local conditions affecting the cost of the work and with the contract documents including the Official Notice, Instructions to Bidders General Conditions, the form of the Bid, the form of the Contract the form of the Bond Specifications and Addenda and Exhibits issued and attached to the specifications on file In the office of the City Clerk of the City of Oshkosh, Wisconsin, hereby proposes to perform everything required to be performed and to provide and furnish all of the labor and materials, except that which is expressly stated will be furnished by the Owner, necessary tools, material, or expendable material and all utility and transportation services and appurtenances necessary to perform and complete in a workmanlike manner all of the work required as called for in the following proposals in connection with the construction of Utility Work and appurtenant work in and for the City of Oshkosh Wiscon , all in accordance with the Plans and Specification on file, including Addenda Nos. �l -Y)� / ©9 4,Z issued thereto for these following prices: Item No. Descriptlon Quantity Unit Unit Price Extension Bid Package 1— Post Frame Buildin 1 Performance Bond 1 LS $ D. $ 2 Payment Bond 1 LS $ $ S 3 Construction of 40'x 60' structure including all related site work 1 LS $ �� - $,N V,�'D Total Base Cost of Bid Package #1 Items 1 -3 7 AIM Additional cost to provide slab 1 L'S $ w G "Z Alt -2 Additional cost to provide driveway on east side of building 1 LS $ 4V ` $3 me -^o ' Bid Pack a e 2 — Metal Frame Buildin 1 Performance Bond 1 LS $ (o G. $ 69S4. 2 Payment Bond 1 LS $ ©. M $ to i6 3 Construction of 40'x 60' structure includin g all related site work 1 LS a $ ]�� c/b $ 7!, i�6d Total Base Cost of Bid Package #2 Items 1-3 7a [_ Alt v - _ 1 __A AddltionaI cost to rovide driveway on east p y side of building 1 LS 0 t Cr uv C AECOM, 2009 S60097777-00300- BID- FORM.DOC AECOM 60097777 Bid Form Leach Amphitheatre Storage Facility Section 00300 Page 2 The undersigned will begin work as specified after award of the contract and complete as specified. 1 hereby certify that all statements are made in behalf of r't (.r am�Gomoration Partnership, or Person Submitting a corporation organized and existing under the laws of the State of 0 i ' e rs�5 i iV a Partnership consisting of A11, : an individual trading as A ; of the City of 6 1 66 aS State of " 5 / n a :1; A That I have examined and carefully prepared`this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Pr"; that I have full uthonty to make such statements and submit this Proposal in (its) (their) be ha ai stat ware true and correct. Signature (Title, if any) ••• .......,d,��,� CO ibei BU s�jrr o for this A-7A day of M4 . 20 1 i :°� •' A' Public 6relblW _ ut4pMed to administer (Bidder should not add any conditions *quff'%h6 to this Proposal as otherwise the Proposal may be declared irregular as not being the Advertisem nt.) Accompanying this 9 proposal is a 0 (certified check and in the amount of $ A010 'no (Dollars) ($ t 3610 1 as called for in the Invitation to Bid © AECOM, 2009 S60097777 -00300 - BID- FORM.DOC AECOM 60097777 List of Subcontractors Leach Amphitheatre Storage Facility Section 00440 Page 1 SECTION 00440 LIST OF SUBCONTRACTORS Pursuant to Section 66.29(7), Wisconsin Statues, the Bidder, as part of this Proposal, submits this full and complete list of all the Subcontractors and the class of work to be performed by each. The Contractor will b permitted to sublet a portion of the Contract, but shall perform with his own organization work amounting to at least 30 percent (30 %) of the original Contract amount. If the Contractor shall sublet any part of this Contract, the Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractor and of the persons either directly or indirectly employed by his Subcontractor as he is by acts or omissions of persons directly employed by himself. All Subcontractors, if any, shall be listed in the spaces provided on the Proposal Form and said list shall be not added to of altered without the written consent of the Owner. When a Subcontractor and the class of work to be performed are not listed, it shall be considered that the Bidder will perform the work himself. Name of Subcontractor 'r Class or Items of Work t , \ _ , _ I r 0 7M"- t I hereby certify that the use of the name(s) of the Subcontractor(s) was with the knowledge and consent of the said Su :ctor(s). JP Signature of Bidder © AECOM, 2009 S 60097777 -0D440 -S UBCONTRACTORS. DOC AECOM 60097777 Bid Information Questionnaire Leach Amphitheatre Storage Facility I Section 00420 Page 1 END OF SECTION 7 I O AECOM, 2009 S60097777- DDQD43ID4NFO- QUES'nON.DOC SECTION 00420 L BID INFORMATION QUESTIONNAIRE CONTRACTOR Company Name: /cl- u to f 131'o7 Cj017S1'_X0GT c0A7 & //Z L Address: 2e 3 �Q rn-_z uW 6. 1�1/�Z R l)I 15/90/ Telephone:.._ to D President RI Regional Manager. AQ3 IV /Y1 /e Quality Control Manager ld Project Field Supervisor. • -1,0� ,COQ✓' G lJ,� �i>� I f� 5b ink Experience:_ Years END OF SECTION 7 I O AECOM, 2009 S60097777- DDQD43ID4NFO- QUES'nON.DOC