HomeMy WebLinkAboutEwing Company - Well 32 Pumping Facity and ConstructionCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WELL 32 PUMPING FACILITY
PROJECT # 1OO14.G
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 17th day
of April, 2018, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State ol ldaho, hereinafter reterred to as
"C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and The Ewino Co.. lnc.,
hereinafter referred to as "CONTRACTOR", whose business address is and whose Public
Works Contractor License # is PWC-C-12003.
INTRODUCTION
Whereas, the City has a need for services involving well pumpinq facilitv
construction; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration ol the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
liles, are the property ol the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. lf any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty{ree,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
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represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part ol the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule ol Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereol lor the Not-To-Exceed amount ol $805,823.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, ol fees earned and costs incurred lor
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportalion, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue ol this Agreement
to consideration in the form ol overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves ol absence ol any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time ol termination is listed in Exhibit A.
3.2 Should Contractor delault in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
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3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B o{ this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement il the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 150 (one hundred fifty)
calendar days lrom Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City lor any delay beyond this time
period in the amount o1 $300.00 (three hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt ot a Notice to Proceed, the Contractor shall have 180 (one hundred
eighty) calendar days to complete the work as described herein. Contractor shall
be liable to the City lor any delay beyond this time period in the amount of $300.00
(three hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.1 lf , through any cause, CONTRACTOR, its off icers, employees, or agents fails
to lulf ill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act ol misconduct in the performance o{ this
contract, or il the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the elfective date thereol at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation lor any work satisfactorily
complete hereunder.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY {or damages sustained by the CITY by virtue of any breach of this
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Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes ol set-ofl until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR oI
its liability to the CITY for damages.
6. lndependentContractor:
6..1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel o{ the CITY in the performance of this agreemenl shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees ol the City.
6.3 Contractor shall determine the method, details and means ol perlorming the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only lor the requirements and results specilied in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities oJ
Contractor in f ulf illment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub-Contractors:
Contractor shall require that all ol its sub-contractors be licensed per State ol ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only f urnish employees who are competent and skilled for work
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
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9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected oflicials, officers, employees, agents, and volunteers from and lor any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, o{ficers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct ol CITY or its employ ees. CONTRACTOR shall m aintain. and specilicallv
aorees th at it will maintain. throuqhout the te rm of this Aqreement. liabilitv
insurance. in which the CITY shall be n amed an additional insured in the minimum
amounts as {ollow: General Liabil ity One lvlillion Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One tvlillion Dollars (g.l ,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments lor damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use ol. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (1 0) days prior to the date Contractor begins per{ormance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limrts. Evidence ol all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Ir/eridian, ldaho 83642.
9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
o1 no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter ol credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, olficials,
employees and volunteers. Any insurance or self-insurance maintained by the City
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or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages lor subcontractors shall be sublect to all ol the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respecl to each and every term, condition and provision hereof , and that the fallure
to timely perform any of the obligations hereunder shall constitute a breach of , and
a delault under, this Agreement by the party so lailing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City ol tr/eridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to lurnish faithlul performance and payment bonds in the
amount of 100% o{ the contract price issued by surety licensed to do business in
the State of ldaho with a Best's rating of no less than A-. ln the event that the
contract is subsequently terminated for failure to perform, the contractor and/or
surety will be liable and assessed lor any and all costs for the re-procurement of the
contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years lrom the date ol the City of Meridian acceptance per the ISPWC and the
IVleridian Supplemental Specilications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items lound to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date o{ City's
acceptance ol the corrected work.
13. Changes:
The CITY may, lrom time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
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amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same lormalities as this Agreement.
14- Taxes:
The City of ltleridian is exempt lrom Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. Meridian StormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
It/eridian Construction Stormwater Management Program (CSWIUP) manual. The
CSW[/P manual containing the procedures and guidelines can be found at this
address htto://www. meridiancitv.oro envr ronmental.aspx?id=1 361 B.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to linal acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to f inal acceptance of the project.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-ol-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and lnformation:
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement lor a minimum of
lour (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
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other means o, recording upon any tangible thing, any form oJ communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof .
18. Audits and lnspections:
At any time during normal business hours and as olten as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
ln perlorming the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
aflirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, nalional origin, age, political
alfiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any 1ederal, state or
local law, rule or regulation against any person on the basis ol race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety{ive percent (95%) bona fide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
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23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other reliel as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court o{ competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
oJ this Agreement.
ll any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder ol the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver ol any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent ol CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management soJtware. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement lor compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Prolect Manager will
approve the pay request for processing. City of lvleridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release lrom the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and free lrom debris
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Project 10014.G
At completion ol
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24. ConstructionandSeverability:
26. Entire Agreement:
27. Assignment:
Meridian City Council Meeting Agenda April 17, 2018 – Page 391 of 491
work and prior to requesting final inspection, the Contractor shall remove all traces
ol waste materials and debris resulting f rom the work. Final payment will not be
made il cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
ln perlorming the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32.Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of ldaho, and the ordinances o{ the City of ltrleridian.
Notices:
Any and all notices required to be given by either ol the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
33.
CITY
City of lvleridian
Purchasing lvlanager
33 E Broadway Ave
l\4eridian, lD 83642
208-489-0417
CONTRACTOR
NATUE OF CONTRACTOR
Attn: John R. Ewing
1500 Eldorado, Ste. 4
Boise, lD 83704
Phone: 208-377-1500
Email: bids@ewingcompany.com
ldaho Public Works License #PWC-C-12003
Either party may change their address lor the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become eflective or binding until approved by the City of
lt/eridian.
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CITY OF MERIDIAN THE EWING ,COMPANY, INC.
BY: BY: i v '
TAMMY deWE YOR JOHN R. EWING, PRESIDENT
l(� !f y
Dated:____ ! lj Dated: V 0
Approved by Council: Ll �(
r
Attest:
C.JAY OLES a
Y CLERK
Purchasing Approval
BY:
KEITH ATTS, Purc acing Manager
Dated:: y11
Project Manager
Dean Stacey
WELL 32 PUMPING FACILITY
Project 10014.G
Depa e4Apr
BY:
W REN STE RT, City Engineer
Dated:: L /
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EXH!BIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-l827-10014.G
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-1827-10014.G, are by this reference
made a part hereof.
SPECIFICATIONS i SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Atleridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Plans - WELL NO. 32 PUIVPING FACILITY by Keller
Associates daled 12-5-2017 1oz pasesl
Technical Specifications by Keller Associates dated
December 2017
(406 pages)
WELL 32 PUMPING FACILITY
Projecl '10014.G
a
a
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A
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$805,823.00.
Milestone 1 Substantial Completion 150 Days f rom Notice to Proceed
[/ilestone 2 Final Completion 180 Days from Notice to Proceed
Contract includes lurnishing all labor, materials, equipment, and incidentals as required for the
WELL 32 PUMPING FACILITY - Construction per IFB PW-1827-10014.G
NOT TO EXCEED CONTRACT TOTAL $805-823J0
Contracl is a not to exceed amounl. Line ilem pricing below will be used lor invoice verilicalion and any
additional increases or decreases in work requested by cily. The Cily will pay the contractor based on
actual quantities ol each ilem ol work in accordance with the contract documents.
Item No.Description Quantity Unil Unit Price
Mobiliation/General Requirements 1 LS $64,350
C1 Detention Pond 1 LS $19,800
c2 Valve Vault - Structure 1 LS $7,449
Manholes 1 LS $8,928
C4 Site Concrete and Pavino 1 LS $32,767
C5 lvliscellaneous Site Work 1 LS $o
tro Yard Pipinq and Valves 1 LS $69,981
bl Foundation 1 LS $23,962
QC CIVIU 1 LS $28,599
QA
1 LS $4,727
S4 Doors 1 LS $13,761
S5 Skylights 1 LS $1 1,978
S6 lvliscellaneous Structural/Architectural 1 LS $56,1 99
l\,4'1 lnterior Mechanical Piping/Valves 1 LS $33,098
M2 Well Pump 1 LS $57,459
M3 Well Pum p Motor 1 LS $19,894
[,44 Well Pump Column 1 LS $19,591
NT5 C h lorin e Tank 1 LS $2,530
tvt6 Chlorine Pum 1 LS $5,720
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MILESTONE DATES/SCHEDULE
PRICING SCHEDULE
Contract Pricing Schedule
Roof
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IVIPl Trench Drains, Sinks, Shower, Etc .l LS $27,260
[,4H1 HVAC .l LS $,6+5sO
E1 Site Electrical 1 LS $6,600
E2 Generator 1 LS $76,534
E3 Transfer Switch 1 LS $8,666
E4 Main Switch Board 1 LS $32,450
E5 Miscellaneous Electrical 1 LS $48,950
I lnstrumentation and Controls 1 LS $61,050
d3,fza
e
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