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HomeMy WebLinkAbout09102018 City Council Laydown - South Harbor Renovation ContractSECTION WAO - CONTRACT CITY OF SEWARD, ALASKA Seward South Harbor Launch Ramp Renovation [PROJECT NAME AND NUMBER] CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Hamilton Construction, LLC Company Name PO Box 241952, Anchorage, AK 99524-1952 Company Address (Street or PO Box, City, State, Zip) LLC alan ❑ Individual ❑Partnership ❑Joint Venture ]Sole Pro incorporated under the laws of the State ofessors Proprietorship ❑Corporation Contractor, is effective the date of the signature of the City Manager on this docmenand t. s, herein called the The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for specifically herein provide additional work or materials, done or furnished by the Contractor and not d for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not this Contract, unless such work or materials is ordered in writing by the Cityn no event covered by . Ishall the City be or any work or labor done, unless the materials, work, or liable for any materials furnished or used, or f labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at thea Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make n claim for compensation for work or materials done or furnished without such written order. Notwithstanding the foregoing, payment under this Contract shall T—Wk.not exceed n�Ft na.w, a0-r�WMy D —.WG "'G"'dollarS $Z,313,15480 and change orders. ( for all base items, additional work, The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: I . Interim Utility Completion: October 26°i, 2018 2. Substantial Completion: May 15111, 2019 3. Final Completion: May 31, 2019. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the City shall have the right to recover One Thousand dollars 1000) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as SEWARD SOUTH HARBOR LAUNCH RAMP RENOVATION CONTRACT 5074MI006100747397 Page 00500-I SECTION 00500 - CONTRACT liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the worst, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $ 2,313,154.80 Payment Bond, and $ 2,313,154.80 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. Unless otherwise provided in the Contract Documents, this Contract shall be governed by the laws of the State of Alaska. Following exhaustion of the dispute resolution process set forth in Article 15 of the General Conditions of the Contract, any remaining dispute arising from or pertaining to this Contract shall be resolved by litigation in the Superior Court for the State of Alaska, Third Judicial District at Kenai. For purposes of this Contract, Contracting Officer means die W i S or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract (located at Sections 00700-00930 of the City's July 2018 Request for Bids), any Supplementary Conditions, the Technical Specifications located at Sections 01010-09900 of the City's July 2018 Request for Bids), and the following listed documents: (1) Addendum 1 ; (2) Addendum 2 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR _I& Hamilton Member Typed Name and Title September 5, 2018 Date SEWARD SOUTH HARBOR CONTRACT LAUNCH RAMP RENOVATION Page Da500-Z 507486M06100747397 SECTION 00500 - CONTRACT CITY OF SEWARD Signature of City Manager Typed Name Date City Clerk (ATTEST) SEWARD SOUTH HARBOR LAUNCH RAMP RENOVATION CONTRACT 5074MI006=747397 Page 00500-3