HomeMy WebLinkAbout2023, CP2125 - 23-25, D ST SE & 23RD ST SE Storm Improvements, Active Construction, Inc.
C O N T R A C T
Contract No. 23-25
THIS AGREEMENT AND CONTRACT, made and entered into at Auburn,
Washington, by and between the CITY OF AUBURN, WASHINGTON, a municipal
corporation, and Active Construction, Inc., hereinafter called the CONTRACTOR.
WITNESSETH: That, in consideration of the terms and conditions contained in the
Contract Documents entitled “CP2125, D St SE and 23rd St SE Storm Improvements,”
which are by this reference incorporated herein and made a part of this Contract, the
parties hereto covenant and agree as follows:
I. The CONTRACTOR shall do all work and furnish all tools, materials and
equipment for Project CP2125, D St SE and 23rd St SE Storm Improvements -
replacement of approximately 5,600 LF of storm pipe, 3,800 LF of water pipe, sewer
adjustments, and UIC well and infiltration gallery abandonment, street reconstruction,
street restoration, curb and gutter, sidewalk, driveway, curb ramps and other
improvements for a unit bid price of five million sixty-six thousand five hundred eleven
dollars and three cents ($5,066,511.03) and Washington State Sales Tax of four
hundred twenty-five thousand nine hundred eighty dollars and ninety-seven cents
($425,980.97) for a total contract value of five million four hundred ninety-two
thousand four hundred ninety-two dollars ($5,492,492.00) in accordance with and as
described in the Contract Documents which are by this reference incorporated herein
and made a part hereof, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
This Contract shall be executed by the Contractor and returned to the City within 20
calendar days after the receipt of the dated notification of award and the Contract time
shall commence within 10 working days after execution of the Contract by the City
and so designated on the Notice to Proceed. Physical completion shall be within 222
working days of the date on the Notice to Proceed.
If said work is not completed within the time specified, the CONTRACTOR agrees to
pay liquidated damages to the CITY OF AUBURN, as specified in Section 1 -08.9
(Liquidated Damages) of the Standard Specifications.
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 Contract Documents to be furnished by
the CITY OF AUBURN.
II. The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to
employ, and does employ the CONTRACTOR to provide the materials and to do and
cause to be done the above described work and to complete and finish the same
according to the Contract Documents and the terms and conditions herein contained
and hereby contracts to pay for the same according to said Contract Documents and
the aforesaid proposal hereto attached, at the time and in the manner and upon the
conditions provided for in this Contract.
DocuSign Envelope ID: 719F5E4D-4DF9-4F9A-BD44-E925C14BF2B9
III. The CONTRACTOR for himself, and for his heirs, executors, administrators,
successors, and assigns, does hereby agree to the full performance of all the
covenants herein contained upon by part of the CONTRACTOR.
IV. It is further provided that no liability shall attach to the CITY OF AUBURN,
WASHINGTON by reason of entering into this Contract, except as expressly provided
herein.
IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed
on ____________________ (“Effective Date”).
CITY OF AUBURN, WASHINGTON
By
Nancy Backus, Mayor
Countersigned:
this ____ day of _____________, 2023
APPROVED AS TO FORM:
Harry Boesche, Acting City Attorney
ACTIVE CONSTRUCTION, INC.
By
Authorized Official Signature
DocuSign Envelope ID: 719F5E4D-4DF9-4F9A-BD44-E925C14BF2B9
November30
11/30/2023