P. Concrete Slurry Backfill Removal

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2 ADDENDUM NO. 1 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 2 c. Concrete Slurry Backfill Removal shall be field measured by the Contractor in the presence of the Engineer or on-site project representative. 4. Section ADD the following to Section d. Payment under this item does not include removal of existing concrete surfaces paid for under other unit price items. P. Concrete Slurry Backfill Removal 1. The City of Molalla has encountered concrete slurry backfill in the Fenton Avenue area on past projects. The removal of the concrete slurry required the use of hydraulic hammering and/or saw cutting. Concrete Slurry Backfill Removal for this project shall be defined as requiring an excavator mounted jack hammering attachment for removal of concrete slurry. 2. Concrete Slurry Backfill Removal shall be field measured by the Contractor in the presence of the onsite project representative. 5. Section D.1.a CHANGE paragraph to read as follows: a. Resilient-seated gate valves, sized 2 inches through 12 inches, shall conform to AWWA Standard C-509 or C-515. The manufacturer s name, the model, and the year of manufacture are to be cast on each valve. 6. Section D.1.b.1 CHANGE paragraph to read as follows: 1. 2 Gate valves shall have threaded ends and conform to ANSI Class 125. Buried service valves shall open with a counterclockwise rotation of a 2-inch operating nut. Gate valve shall be Mueller A , or approved equal and be accompanied by a 2-inch x 6-inch long threaded brass nipple. Where connecting to new 1-1/2-inch service line the valve shall also be accompanied by 2-inch x 1-1/2-inch brass bushing, Mueller, H-15428N, or approved equal PEX inserts. 7. Section F.2.a CHANGE paragraph to read as follows: a. Corporation stops shall be Mueller Corp Stop B-25028N (3/4 or 1 ) or approved equal. 8. Section F.3.a CHANGE paragraph to read as follows: a. Angle meter stops shall be Mueller Angle Meter Stop B (3/4 or 1 ), or approved equal. Where 1 service line feeds 3/4"

3 ADDENDUM NO. 1 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 3 meters, Contractor shall provide meter coupling bushing on the inlet side of the meter or approved equal at no additional cost to the Owner. 9. Section F.3.b CHANGE paragraph to read as follows: b. Angle meter stops shall be Mueller Angle Meter Stop B-24276N (1-1/2 or 2 ), or approved equal. Where 2 service line feeds 1½" meters, Contractor shall provide meter coupling bushing on the inlet side of the meter or approved equal at no additional cost to the Owner. 10. Section D.1 CHANGE paragraph to read as follows: Contract Documents Project Drawings 1. New service laterals shall be installed from new water mains to the relocated meter locations. Service laterals shall be installed in open cut trenches as specified herein and shown on the details. Trench backfill shall be as specified in Section Drawing C2 (Sh. 4 of 7) REMOVE AND REPLACE with attached Drawing C2. END OF ADDENDUM 1

4 BID FORM FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 1 BID FORM PROJECT IDENTIFICATION: Phase I Project 7 Fenton Ave Sewer and Water Line Replacement City of Molalla CONTRACT IDENTIFICATION AND NUMBER: ARTICLE 1 BID RECIPIENT 1.01 This Bid is submitted to: City of Molalla No The Dyer Partnership No Gerald Fisher, Public Works Director, City of Molalla, 117 N Molalla AVE, Molalla, OR The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 BIDDER S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 70 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner Successful Bidder will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of Owner s Notice to Award. ARTICLE 3 BIDDER S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents as more fully set forth in the Agreement that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. EJCDC C-410, Bid Form for Construction Contracts. and American Society of Civil Engineers. All rights reserved. Page 1

5 BID FORM FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 2 C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder s safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. K. Bidder will comply with the applicable provisions of ORS 279C.840 to ORS 279C.870, BOLI, and with the provisions in the Supplementary Conditions relating to the payment of prevailing wage rates. L. By initialing this space, the Bidder hereby certifies that he or she has not discriminated against minorities, women, or emerging small business enterprises in obtaining any required subcontracts. M. The Bidder hereby certifies that it is a resident Bidder as defined in ORS 279A.120, of the State of. N. Pursuant to ORS 279C.505(2) the Bidder hereby certifies that it has an employee drug testing program in place and if awarded a Contract will provide proof of such program when executed agreements are returned to Owner. EJCDC C-410, Bid Form for Construction Contracts. and American Society of Civil Engineers. All rights reserved. Page 2

6 BID FORM FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 3 ARTICLE 4 BIDDER S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. corrupt practice means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. ARTICLE 5 BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Item No. Description Unit Estimated Quantity Bid Unit Price 1 Construction Facilities and Temp. Controls LS 1 $ $ 2 Miscellaneous Demolition and Site Preparation LS 1 $ $ 3 Foundation Stabilization CY 100 $ $ Bid Price 4 8" Sanitary Sewer Removal & Replacement (Class B Backfill) LF 491 $ $ 5 Sanitary Sewer Lateral Connection EA 12 $ $ 6 Sanitary Sewer Lateral Replacement LF 288 $ $ 7 Sanitary Sewer Cleanout EA 12 $ $ EJCDC C-410, Bid Form for Construction Contracts. and American Society of Civil Engineers. All rights reserved. Page 3

7 BID FORM FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 4 8 Sanitary Sewer Main Line Cleanout EA 1 $ $ 9 Water Line - 6" (Class B Backfill) LF 25 $ $ 10 Water Line - 8" (Class B Backfill) LF 692 $ $ 11 8" Tee EA 1 $ $ 12 8" X 6" Tee EA 1 $ $ 13 8" X 6" Reducer EA 1 $ $ 14 8" 11 1/4 Elbow EA 1 $ $ 15 8" 45 Elbow EA 6 $ $ 16 8" Gate Valve EA 3 $ $ 17 6" Gate Valve EA 1 $ $ Restrained Joint Water Line Transition Coupling - 6" EA 1 Restrained Joint Water Line Transition Coupling - 8" EA 2 $ $ $ $ 20 Fire Hydrant Relocation EA 1 $ $ 21 Service Connection - 1" EA 9 $ $ 22 Service Connection - 1 1/2" EA 1 $ $ 23 Service Line - 1" LF 225 $ $ 24 Service Line - 1 1/2"" LF 22 $ $ 25 Water Meter Assembly Relocation EA 10 $ $ 26 Remove and Replace Curb LF 30 $ $ 27 Remove and Replace Concrete Surface SF 180 $ $ 28 AC Pavement Removal and Replacement TONS 200 $ $ 29 Landscaping LS 1 $ $ 30 Concrete Slurry Backfill Removal CY 40 $ $ Total Base Bid $ EJCDC C-410, Bid Form for Construction Contracts. and American Society of Civil Engineers. All rights reserved. Page 4

8 BID FORM FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 5 BID IN WORDS Dollars ($ ) Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, and agrees to liquidated damages in the amount indicated in the Agreement. ARTICLE 7 ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Section Required Bid Security as stipulated in the Instructions to Bidders; B. Section First-Tier Subcontractor Disclosure Form (to be submitted in accordance with Article 12 of the Instructions to Bidders; C. Evidence of Authority to Sign Bid (To be submitted in accordance with Article 13 of the Instructions to Bidders); D. Evidence of authority to do business in the state or jurisdiction of the Project; or a written covenant to obtain such license within the time frame for acceptance of Bids; (To be submitted in accordance with Article 13 of the Instructions to Bidders); E. Section Bidder s Prequalification Form (Submitted prior to Bid or on file with Engineer); F. Section Non Collusion Affidavit; G. Section Responsibility Affidavit; ARTICLE 8 DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 BID SUBMITTAL 9.01 The City of Molalla office is closed from 1 to 2 pm and 4 to 5 pm. If the Bidder is there at door opening at 2 pm the Bid will be considered on time. If the Bid is not there upon door opening the Bid will be considered late. In addition, the First-Tier Subcontractor Disclosure Form must be submitted before the door is locked at 4 pm to be accepted. EJCDC C-410, Bid Form for Construction Contracts. and American Society of Civil Engineers. All rights reserved. Page 5

9 BID FORM FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE Communications concerning this Bid shall be addressed to the Bidder indicated below Bidder is in compliance with the requirements of and is registered and bonded with the State of Oregon Construction Contractor s Board as follows: A. Registered Classification: B. Registration Number: C. Expiration Date: D. Employer s Tax ID Number: 9.04 Submitted on : 9.04 This Bid is submitted by: An Individual Name (typed or printed): By: (Individual s signature) A Partnership Doing business as: Partnership Name: By: (Signature of general partner -- attach evidence of authority to sign) A Corporation Name (typed or printed): Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: (CORPORATE SEAL) Attest EJCDC C-410, Bid Form for Construction Contracts. and American Society of Civil Engineers. All rights reserved. Page 6

10 BID FORM FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 7 Date of Qualification to do business in Oregon is / /. A Joint Venture Name of Joint Venture: First Joint Venturer Name: (SEAL) By: (Signature of first joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature of second joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bidder's Business Address Phone No. Fax No. SUBMITTED on, 20. State Contractor License No.. END OF SECTION EJCDC C-410, Bid Form for Construction Contracts. and American Society of Civil Engineers. All rights reserved. Page 7

11 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 1 BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS is by and between City of Molalla ( Owner ) and Owner and Contractor hereby agree as follows: ARTICLE 1 WORK ( Contractor ) Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: A. Basic Bid ARTICLE 2 THE PROJECT 1. Remove and Replace approximately 491 lineal feet of 8 sanitary sewer line including lateral connections, lateral piping, and cleanouts. 2. Install approximately 692 lineal feet of new 8 water line including new water service connections, water service lines, and relocated water meter assemblies. 3. Other work includes demolition work, traffic control, installation of various water line fittings and appurtenances, fire hydrant relocation, removal and replacement of ac pavement, and landscaping The Project, of which the Work under the Contract Documents is a part, is generally described as follows: ARTICLE 3 ENGINEER FENTON AVE SEWER AND WATER LINE REPLACEMENT NO THE DYER PARTNERSHIP PROJECT NO The Project has been designed by The Dyer Partnership, Engineers & Planners, Inc S Park St, Lebanon, Oregon The Owner has retained The Dyer Partnership, Engineers & Planners, Inc. ( Engineer ) to act as Owner s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 1 of 10

12 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 2 ARTICLE 4 CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract Contract Times: Dates A. The Work must be substantially completed 60 calendar days after issuance of the Notice to Proceed and ready for final payment in accordance with Paragraph of the General Conditions Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 2 of 10

13 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 3 Item No. Description Unit Estimated Quantity Bid Unit Price 1 Construction Facilities and Temp. Controls LS 1 $ $ Bid Price 2 Miscellaneous Demolition and Site Preparation LS 1 $ $ 3 Foundation Stabilization CY 100 $ $ 4 8" Sanitary Sewer Removal & Replacement (Class B Backfill) LF 491 $ $ 5 Sanitary Sewer Lateral Connection EA 12 $ $ 6 Sanitary Sewer Lateral Replacement LF 288 $ $ 7 Sanitary Sewer Cleanout EA 12 $ $ 8 Sanitary Sewer Main Line Cleanout EA 1 $ $ 9 Water Line - 6" (Class B Backfill) LF 25 $ $ 10 Water Line - 8" (Class B Backfill) LF 692 $ $ 11 8" Tee EA 1 $ $ 12 8" X 6" Tee EA 1 $ $ 13 8" X 6" Reducer EA 1 $ $ 14 8" 11 1/4 Elbow EA 1 $ $ 15 8" 45 Elbow EA 6 $ $ 16 8" Gate Valve EA 3 $ $ 17 6" Gate Valve EA 1 $ $ Restrained Joint Water Line Transition Coupling - 6" EA 1 Restrained Joint Water Line Transition Coupling - 8" EA 2 $ $ $ $ 20 Fire Hydrant Relocation EA 1 $ $ 21 Service Connection - 1" EA 9 $ $ 22 Service Connection - 1 1/2" EA 1 $ $ EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 3 of 10

14 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 4 Item No. Description Unit Estimated Quantity Bid Unit Price 23 Service Line - 1" LF 225 $ $ Bid Price 24 Service Line - 1 1/2"" LF 22 $ $ 25 Water Meter Assembly Relocation EA 10 $ $ 26 Remove and Replace Curb LF 30 $ $ 27 Remove and Replace Concrete Surface SF 180 $ $ 28 AC Pavement Removal and Replacement TONS 200 $ $ 29 Landscaping LS 1 $ $ 30 Concrete Slurry Backfill Removal CY 40 $ $ Total Base Bid $ The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6 PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of Work completed (with the balance being retainage); and EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 4 of 10

15 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 5 b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion of the entire construction to be provided under the Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph E of the General Conditions. C. Notwithstanding Section Article 6.02.A.1 progress payments will be made in an amount equal to the percentages indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine, or Owner may withhold, in accordance with Paragraph of the General Conditions until the Contractor files with Owner certified statements regarding payment of prevailing rates of wage per ORS 279C % of work completed (with the balance being retainage) and 2. 70% of cost of materials and equipment not incorporated in the work (with the balance being retainage). 3. Owner shall pay Contractor the amount in accordance with Section Article 6.02A.1 with 30 days after the Owner s receipt of certified statements regarding payment of prevailing rates of wages per ORS 279C.845. D. No payment will be made that would deplete the retainage, nor place in escrow any funds that are required for retainage, nor invest the retainage for the benefit of the Contractor Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph ARTICLE 7 INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum legal rate as provided in ORS 279C.570(2). ARTICLE 8 CONTRACTOR S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 5 of 10

16 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 6 existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages _1_ to _10_, inclusive). 2. Performance bond (pages _1_ to _3_, inclusive). 3. Payment bond (pages _1_ to _3_, inclusive). 4. Other bonds. a. (pages to, inclusive). 5. General Conditions, Section C-700 (pages _1_ to _65, inclusive). 6. Supplementary Conditions, Section C-800 (pages _1 to _27, inclusive). a. Permits (pages to, inclusive) 7. Specifications as listed in the table of contents of the Project Manual. EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 6 of 10

17 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 7 8. Drawings (not attached but incorporated by reference) consisting of 7 sheets with each sheet bearing the following general title: City of Molalla Phase I Project 7 Fenton AVE Sewer and Water Line Replacement. 9. Addenda (numbers to, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor s Bid (pages to, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 MISCELLANEOUS Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 7 of 10

18 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 8 Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Contractor s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: Other Provisions 1. corrupt practice means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or track changes (redline/strikeout), or in the Supplementary Conditions. B. Tax Compliance. By its signature on this Contract, Contractor hereby certifies that it is not in violation of any Oregon tax law. For the purpose of this certification, "Oregon tax laws" includes, but may not be limited to, ORS Chapter 118, 119, 314, 316, 317, 318, 320, 321, and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the Homeowner's and Renters Property Tax Relief Program under ORS to ; and any local tax laws administered by the Oregon Department of Revenue under ORS C. Access to Records. For not less than three (3) years after the Contract Expiration Date, the Owner, the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcripts. If for any reason, this Contract, or any part thereof, becomes the subject of or is involved in litigation, Contractor shall retain all pertinent records for not less than three years or until all litigation is resolved, whichever is longer. Full access will be provided to the Owner in preparation for and during litigation. EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 8 of 10

19 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 9 D. Funds Available and Authorized. Owner reasonably believes at the time of entering into this Contract that sufficient funds are available and authorized for expenditure to finance costs of this Contract within the Owner's current appropriation or expenditure limitation. E. Indemnity. Contractor shall defend, save, and hold harmless the Owner, its officers, agents, engineers, attorneys and employees, from all losses, expenses (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs) claims, suits, or actions of whatsoever nature, including intentional acts, resulting from or arising out of the activities of Contractor or its subcontractors, agents, or employees under this Contract. F. Compliance with Applicable Law. (1) Contractor certifies that it will comply with all federal, state, and local laws, ordinances, and regulations applicable to this Contract, including, but not limited to all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. (2) Without in any manner limiting the applicability of the foregoing, Contractor agrees, as a condition of entering into this contract, that the provisions of ORS 279C.345 as well as ORS 279C C.530, ORS Chapter 656, and ORS 279C.840 apply to Contractor's performance under this Contract. G. Prevailing Wage. The Contractor certifies, and it shall be a condition of the Contractor's bond as provided by ORS 279C.800 to 279C.840, that in performing this Contract the Contractor will pay and cause to be paid not less than the prevailing wages as of the date of the bid, per hour, per day, and per week, for each and every person who may be employed in the performance of this Contract. H. Waiver. The terms of this Contract shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument. Such waiver, alteration, modification, supplementation, or amendment, if made, shall be effective only in the specific instance and for the specific purpose given, and shall be valid and binding only if it is signed by all parties to this Contract. The failure of the Owner to enforce any provision of this contract shall not constitute a waiver by the Owner of that or any other provision. I. Governing Law and Venue. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon. Any litigation between the Owner and the Contractor arising out of or related to this Contract shall be brought and maintained solely and exclusively in the Circuit Court of Clackamas County, Oregon. Provided, if any litigation arising under this Contract must be brought in a federal forum, it shall be brought and maintained solely and exclusively in the United States District Court for the District of Oregon in Eugene, Oregon. Contractor hereby consents to the personal jurisdiction of all courts within the State of Oregon. Should any litigation be brought to enforce the terms of this Contract, the prevailing party shall be entitled to reasonable attorney fees, costs and disbursements at trial and upon appeal. Should any dispute over the terms and conditions of this contract result in mediation or arbitration, any attorney's fees and costs incurred in such mediation or arbitration shall be paid by the party incurring such fees and costs. J. Merger. This Contract, which includes all Contract Documents as defined herein, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, regarding this Contract, except as specified or referenced herein. Contractor, by the signature below of its authorized representative, EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 9 of 10

20 FENTON AVE SEWER AND WATER LINE REPLACEMENT SECTION PAGE 10 hereby acknowledges that it has read this contract, understands it and agrees to be bound by its terms and conditions. K. Execution in Counterparts. This Contract may be executed in counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWNER: CONTRACTOR: By: Title: By: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: Attest: Title: Address for giving notices: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) License No.: (where applicable) EJCDC C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). and American Society of Civil Engineers. All rights reserved. Page 10 of 10

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