Court Jail Fire Suppression CONTRACT

Embed Doc
Copy Link
Readcast
Collections

CommentGo Back

Download

1

FIRE SUPPRESSION CONTRACT

This contract is made and entered into this 29th day of November, 2008, by and between theButler County Board of Commissioners, with offices located at 315 High Street, Hamilton, Ohio45011 (hereinafter referred to as “Board”), and Preferred Fire Protection, whose principal placeof business is located at 375 Commercial Drive, Fairfield, Ohio 45014 (hereinafter referred to as“Contractor”) pursuant to Commissioners’ Resolution No. 08-11-____ adopted November __,2008. (Board and Contractor are hereinafter collectively referred to as “Parties”.)

WITNESSETH:

The Parties, each in consideration of the undertakings, promises, and agreements hereincontained, do hereby undertake, promise, and agree for themselves and their respectivesuccessors and assigns, as follows:

1. Scope of Work

Contractor agrees with Board to perform the duties and complete the necessary installationsrequired of the Fire Suppression Contractor in a workmanlike manner as they are described inthe Contract Documents for Butler County Contract 08-09-023 (as later defined herein) as wellas all the duties necessarily implied to be necessary to perform the duties of the Fire SuppressionContractor required by the Invitation to Bid for Butler County Contract 08-09-023 which isentitled, “Fire Suppression System for the Old Butler County Jail”, which shall collectivelyhereinafter be called the “Work”.

2. Compensation for Completion of the Scope of Work; Changes in Compensation

In consideration for the Board’s payment to Contractor of $86,860.00, Contractor agree to perform the duties and complete the necessary installations required of the Contractor as they aredescribed in the Contract Documents for Butler County Contract 08-09-023 which is entitled,“Fire Suppression System for the Old Butler County Jail.” The Contractor’s duties includefurnishing, in a workmanlike manner, (by way of illustration but not by way of limitation) allmaterial, delivery charges, utility service or sources of power, supplies, labor, services,supervision, tools, plant apparatus, equipment, temporary shelter and structures, scaffolding,transportation, and incur such incidental expense as is necessary to complete the Work covered by Contract Documents. The compensation due Contractor set forth above includes all thecompensation to which Contractor shall be entitled in order to meet all its direct and indirectcosts as well as incidental expenses, including any taxes required to be paid in order to complywith and complete the provisions of this Contract. If Board elects to proceed with a changewhich constitutes a deletion of, or a reduction in, a portion of the Work, the compensation dueContractor shall be reduced by the amount of labor and materials and other direct and indirect1

cost deleted or reduced. Should a reduction in the Work occur, Contractor shall not be entitled tolost profits on Work which is deleted or not performed. If Board elects to proceed with a Changein Scope which constitutes additional Work, the Contract Sum provided shall be increased by thecost of Work added according to the written amendment.Based upon Applications for Payment using Certified Payroll submitted to the Board, and uponverification of the Work completed and materials used, the Board shall make progress paymentson account of the Contract Sum to the Contractor as provided below and elsewhere in theContract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.Payments to Contractor, either in the form of progress payments or a final payment, may bewithheld by the Board on account of defective or unacceptable Work which has not beenremedied in the opinion of the Architect. Likewise, payment sufficient to pay the disputedamount may be withheld from Contractor if the Board receives notice of a claim for a lien on public funds as permitted by Ohio Revised Code §1311.25 et seq.Contractor agrees to complete, pay for, and deliver its aforesaid Work for the compensation setforth above free from all liens.

3. Payments to Contractor Shall Include Statutory Retainage

Payments to the Contractor shall be made at the rate of ninety percent (90%) of the approved partial payment estimate for the first 50% of the contract amount and one hundred percent(100%) for the remaining 50% of the contract amount. The Board will retain ten (10) percent of every approved partial payment up to a total of five percent (5%) of the contract amount. Theretained amount will be paid to the Contractor no later than thirty (30) days following FinalAcceptance of the work. Upon the Work’s passing final inspection, the Board shall issue acertificate attached to the final payment request that the work has been completed and acceptedunder the conditions of the Contract Documents.

4. The Contract Documents for the Work, Conflicts Among Them, Entire Agreement:

The Contract Documents for Butler County Contract 08-09-023 which is entitled, “FireSuppression System for the Old Butler County Jail,” shall consist of the following:(1) Board’s Bid Request,(2) Board’s Invitation to Bid and Accompanying Documents,(3) this Contract,(4) the Bid Specifications and General Instructions to Bidders(5) Contractor’s Bid and Accompanying Bid Documents and attachments including performance and payment bond2

(6) Any Notes and Notes of Construction Meetings according to Section 19(7) Written correspondence between the Parties after signing of this Contract(8) Any change ordersThe Contract Documents shall also include all amendments and addenda thereto made before thesigning of this contract if the same complies with the terms of the portion of this Contractgoverning changes in the scope of work. The Work as a whole generally involves installing FireSuppression improvements at the Old Butler County Jail, 123 Court Street, Hamilton, Ohio(hereafter the “Site”).The Contract Documents are all hereby incorporated by reference and made a part of thisContract as if they were all fully reprinted here.Should there be a conflict among the Contract Documents for this Contract, this Contract shallcontrol to the extent of any express or implied inconsistency. Otherwise the bid document andspecifications shall govern and remain in full force and effect. In the event Contractor discoversa real or suspected document conflict or problem with the specifications or Work it is to perform,the Contractor shall immediately bring the perceived inconsistency to the attention of the Boardor Architect for resolution before assuming a resolution without direction and entering upon the performance of a presumed intention. Should Contractor or a subcontractor presume aninterpretation of the Contract Documents which is not expressly stated and which does not meetthe intention of the Contract Documents according to the Architect, then the Board may exerciseits discretion to treat the Work so performed as an unwritten and unsigned change order and dealwith it as authorized by the portions of this Contract addressed to Change Orders.This Contract shall also be deemed to contain, as if it were fully rewritten here, all applicable provisions of the laws and regulations of the State of Ohio and the City of Hamilton applicable tothis Contract and the Work to be performed, and compliance with those laws and regulations inthe performance of this Contract, including the securing of necessary permits and constructioninspection approvals, shall be considered a mutual promise of the Parties to one another.Should Contractor hire subcontractors in addition to its own forces or assign some or all of itsWork to another as allowed by this Contract, Contractor shall include a provision in the terms of employment of such subcontractor that its contract is subject to the terms of this Contract as wellas the Contract between Contractor and its subcontractor.The Contract Documents constitute the entire Agreement between the Parties. Neither Partyshall be bound by any oral stipulation or understanding not reduced to writing so as to be able to be considered an Amendment to this Contract.

5. Changes in the Scope of Work

3

of 00

Leave a Comment