HomeMy WebLinkAbout5.394 Original Contract
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CONTRACT
THIS AGREEMENT, made and entered into in duplicate, this Z (p e.- day of ~~~ ,19fi:by and
between the CITY OF PORT ANGELES, hereinafter called the Owner, and FLETCHER GENERAL, INC., hereinafter
called the Contractor,
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement,
the parties hereto covenant and agree as follows:
1. The Contractor shall do all work and furnish all tools, materials, and equipment for
8th Street Bridge Repairs, Project No. 95-25.
in accordance with and as described in the attached plans and specifications and the Standard Specifications for
Municipal Public Works Construction, refered to as the project manual, and shall perform any alterations in or additions
to the work provided under this contact and every part thereof.
This contract is subject to minimum wage requirements of Section 1-07.9 (Wages) of the Standard Specifications.
The Owner agrees to pay the Contractor for the actual quantities in the completed work according to the schedule of
unit prices set forth in the bid form hereto attached and made a part of this contact.
Work shall start within ten (10) days after execution of contract and be completed in 30 (working) days.
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner liquidated damages
as stated in the project specifications for each and every day said work remains uncompleted after expiration of the
specified time.
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may
be required for the transfer of materials and for constructing and completing the work provided for in this contract and
every part thereof; except such as are mentioned in the specifications to be furnished by the Owner.
2. The Owner hereby promises and agrees with the Contractor to employ, and does employ the Contractor
to provide the materials to do and cause to be done the above described work and to complete and finish the same
according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts
to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached,
at the time and in the manner upon the conditions provided for in this contract.
3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby
agree to the full performance of all the covenants herein contained upon the part of the Contractor.
4. It is further provided that no liability shall attached to the Owner by reason of entering into this contract,
except as expressly prOvided herein.
5. The Contractor shall obtain and maintain Public Uability and Property Damage Insurance in accordance with
Sections 1-07.18,1-07.18(1), 1-07.18(2)(A)(B}, 1-O7.18(3} and 1-07.18(4)(1} of the APWA supplementto the Standard
Specifications and the following additions:
a. Workers compensation at the limits established by the State of Washington shall be included.
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Contract - Page 2
6. The Contractor shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the
Owner.
Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually
negotiated by the parties. The provision of this section shall survive the expiration or termination of this contract.
7. Contractor hereby assigns to Owner any and all claims fO! overcharges resulting from antitrust violations
as to goods and materials purchased in connection with this contract, except as to overcharges resulting from antitrust
violations commencing after the date of the bid, quotation, or other event establishing the price of this contract. In
addition, Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such
claims for overcharges to Owner in accordance with the terms of this provision. Contractor agrees to give Owner
immediate notice of the existence of such claim.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first above
written.
CITY OF P0Fti7 ANGELES, OWNER
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By y;1-t, .'
tGity M (7-
FLETCHER GENERAL, INC., CONTRACTOR
B~ ~ ~ Tdle Vice President & Gon Mgr.
NW Region
PW-407.12 [11195]
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FGC
FLETCHER GENERAL CONSTRUCTION
FLETCHER GENERAL, INC.
OLYMPIC PENINSULA BRANCH
PO BOX 89 . PORT HADLOCK, WA 98339
(206) 385-1166 (PORT HADLOCK)
(206) 452-2301 (PORT ANGELES)
FAX (206) 385-1654
City Road Department
321 E. 5th St.
Port Angeles W A. 98362
November 28, 1995
Attn: .Mr. Ron Johnson
Re: Repairs to 8th street bridges.
Fletcher General Construction offers the following price of$ J 9J.S~~ ~ to
complete repairs on the valley street and tumwater bridges. This price is based on the
summary sheet provided and the site walk taken, repair items are listed below.
8th street bridge over valley street.
1. Replace post 1000east), second section down from the top of trestle.
2. Replace bent 15 one bottom horizontal cross brace timber.
3. Band checked area of timber bent 11 second section down.
8th street bridge over tumwater street.
1. Replace bent 18 one bottom horizontal cross brace timber.
2. Band post 9a (east) top timber section fu11length.
3. Replace bent 9 one bottom horizontal cross brace timber.
Our price does not include any applicable taxes, licenses, permits, or bonding. Thank you
for the opportunity to bid this work, we look forward to working with you on this and
other projects.
Sincerely,
Fletcher General Construction
O~O~
David D. Swanson, Superintendent
CC:
Fred Farrar, FGC
Jeny Goetz, FGC
BRIDGS95