HomeMy WebLinkAboutMiscellaneous APPLICANT 1/28/2009
01/28/09
WED 17:23 FAX 5417263689
CITY OF SPRINGFIELD
41l 001
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5417434681
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5416882856
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Jan 28 2008 2:28PM
TOMS LANDSCAPES INC
PROPOSAL AND CONTRACT
Dated:_1129/2009
BETWEE]\:
THE OWNER:
'11lE CONTRACTOR:
AND
Harold & Larlsa Morris
Address:
TOM'S LANDSCAPES mc.
LCB# 7056
163 Stooehaven S\.
Eugene, OR 97404
541-968-3013
For true consideration) described herein, the Owner and Contractor each.. by executing this agreement
below, agree as follows:
SCOPE OF WORK, PLANT MATERIALS, AND ESTIMATES:
- per Pwn1iDg Pia. (13) dated 2/13/08 b>' Schirmer & Associates, LLC
lrrigation
Trees & Plants: 5 each CalocedJu.s DecUlTenls 5-6', 59 each Juncus Patens 1 gallon size, 11 each Rosa Nutkaoa
3 gallon size,
Hydroseeding
Barking
Spraying of weeks
Cleanin,~ of ww landscape debris th.t m.y occur during planting
BID DOES NOT INCLUDED CURBING AND CONCRETE WORK OR EXCA V A nON.
JOB SITE ADDRESS (ifdiffereoce from address above):
3636 Game Farm Road, Springfield, OR 97477
COST AND PA YMENT TERMS:
We propose to furnish the material and labor in accordance with these specifications for
the sum of: __$9,950_ on the following tenns: _receipt of$4,975 before work
commensates U> /... '" J - .;. .J j balance upon completion of landscaping by Tom's Landscapes, Inc..
OTHER TERMS/CONDITIONS. The Owner acknowledges receipt oftheGel1ernl Tenns ami Conditions on the
2nd page of this Contract which arc incorporated herein by this reference, Contract contingent on proof of funds
being available for total payment due to Tom's Landscapes, Inc. Tom's landscapes. Inc, will not be responsible for
vandalism orthefi of its work, plants or material at the job site. ICost of plant' are based on availability. Substitions
may be required.! Tom's Landscapes, Inc. sub-bid docs not include the responsibility nor the cost of any type of
lIme cancrol, or costs of penn its & bonds, erosion controll surveying associated to irrigation sleeving, utility locates
c;xcept the Utility Notification Center nor water requu-ed for work.
Work will be completed before March 1st, 2009
OWNER:, ~
~v~p
arold MOt:.,,,,r, ~A- ~"7. c:
Larisa Morris- "<....._)
CONTRACTOR:
TOM'S LANDSCAPES, lNC.
D~;e? I - ~7: c;r~~ I-e-.--
Tom Harris, president dated 1/29/09
Date:
Contractor licensed by the Scate Landscape Contractors Board, 235 Union St NE, Salem, OR 97301 (503) 986-6561
PROPOSAL AND CONTRACT. PAGE
OF
Date Received:
Planner. Lb
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01/26/2009 WED 16: 20
FAX 5417434681 RBA HID Workroom Co'pier
1di003/004
Jan
_S
LANDSCAPES
28 2009
2:29PM
INC
54.92956
p.3
TERMS AND CONDITIONS
TIME: ContractOf shalf commence and complete work wIthin a
reasonable time after this Agreement Is accepted. Extens.iQns
end standby time of Conlraclor=s personnel and equipment
shali be granted and: paid for delays not caused by Corotrac\or,
which shall not be held accounlable in damages or other-lIbe
for breach of any term, Including this one, or this agreement
due to circum::uancas beyond CQnlractor'-"s control.
Corrections in the work. If any, shaU be performed in
accordance with the manulaclurer",s standards or building
codes.
INSTRUCTIONS BY OWNER: In the case 01 more than one
party Iisled as Owner, instructions given by either party may be
relied upon by contractor. You represent that all work
requested has the appro....al or your engineer, if required. Your
engineer or any other design professional acting on your behalf
shall not have supervIsory authority over Contractor,,-s work.
PAYMENTS: Bystgnlng this conlract, Owners represent that
Owners has 5urfidenl funds 10 pay for completion of the project
including all potentiat change Qrders end extra charges. You
agree to pay bills in rull and when due, ar.d shali net withheld
payment contingent 'upon your rece1pl of funds from another
party, Of upon Ihe approval of your engil'\eer or any other
desIgn professionaL You may nol adjust this contract price for
claims which have no~ yet been finally determined by a court of
competent jurisdiction.
CHANGE ORDERS: Any alleration or deviation from the
contract, bid. propoeal, specifica1ions, or plans will be executed
only upon written change order, and will become an exlra
charge, Such statementof charges or credits may be III the
form of an estimate where fillal tigures are not readily available.
O\vner is responsible for obtaining the lender..!) or engineer=s
approval for changes. Notwlthsfandlng any other terms of thls
conltac\, Y()IJ shal\ pay any and all additlonal charges
occasioned by changes orally requested or accepted by you,
requIred as a result 01 prevIously undiscovered conditions, or
required by regulatory aulhority following the execution or this
contract Contractor shall not be deemed toj,aV'e waived the
rIght to payment by perf~rming such work without a "lriHen
change order, and may stop work if you tallto ratify or pay for
changes you requested or accepted.
OVERDUE: PAYMENTS: All payments are due at the time of
Invoice. All payments more than ten (10) days past due shall
be subject to 8 Ia.te charge of twepercenl (2%) per mQnth,
compounded monthly, from billing due.
MATERIALS; Contractor shall use materials called for In the
specifications. Where the quanllly or quality 01 any particular
method or component of construction is not specified herein,
you agree that such quantttles and qualities are reflected In the
contract price herein based upon no greater than applicable
building c;:ode requirements,
ACCESS: You shall provide Contractor with all necessary
access 10 the premises, and shall not Interfere with
Conlractor=s work activities on the premises.
DAMAGE TO PROPERTY: You shall hotd Contraclor harmlesf,
and Indomnify Contractor against 10113 by fire and other
casualty to lhe land, improvements and personal property
thereon, and to Contractor.s lools and materials located at the
lNork sile, durIng the entire cour68 of work.
OWNERS SAFETY.: ONnOl"$ shall keep h!slher~e{f and 611
o\h~rs no' relaled to the cons1ruC1lon work, a reasonable
distance away frorn construction areas and workers during
'NQrking hour.s, and from constructIon equlpment. and materials
al all time:>. Owner IShall net contact any employees of
ConlraC1.or, other Ihan foreman.
TERMINATION OF CONTRACT: Contraclor may tellTllnala
thls'contract, by giving a seven (7) day writlen notice of
termination, vmeneverwor1<: is sttJpped. through no fault of
Contractor, for e period longer than Ihirty (30) days, or when
Owners.: (1)'fall \0 pertorm1n acc:?rdance with fhls contrad; (2)
fail to make payments when due. or (3) fail 10 provide access to
the work site: In all cases, Contractor ihall be compcnsa{ed for
all sums earned and due and all costs Incurred through the
date 01 1ermlna1lon or until work has stopped wtlfchever is. laler.
SUBSTANTIAL COMPLETION; "Sub.tantia' Completion" .hall
be defined aslhe time when the projeot receIves Its final
Inspection approval by the Bulldl!)g Departmenti or when the
projacl can reasonably and generally be considered usable for
Its Inlended purposes; or when this contraCl is terminated; or
when there aro any delays, beyood the control and through no
fault of Contractor, that effectively stop project WClrk longer than
thirty (30) days, whichever comes first.
WARRANTY; Contractor makes 110 warranty, or guaran1y.
express or implied olherthan (hose $pecHled In writing and
required by Oregon law. .
ENTIRE CONTRACT: ThIs Conli'act comprises the entire
agreement between the parties, wilh the exception ofwrll'len
.warrantles. Eath party acknOWledges thai any repre$entallons,
indueemenls, promises or agre:ements, oral or otherwise, which
are made by any party and not embodied In this Contracl shal:
nol be valld or binding. This Contract supersedes all
negotlallons, conversatJons, diSCUSSiOnS, correspo:ldence and
memoranda. All changes t1ereto must be in writing and signed
by bath parties.
SEVERA8ILITY: In the e....enl ary panloo of this contract
shoutd be declared 10 be invalid..the remaining pOrl.ions shall
remain in full force and eOecl arm the contract shall be
lnlerpre\ed &0 I2IS to carry out the~orlginal inlent of the parties.
CONSTRUCTION; The rule of con6ln;clion thaI a written
agreement is construed against Ihe pa rty preparing or drafting
such agree.Tlent shall not be applicable to this ~9reement.
BiNDING ON SUCCESSORS: This agreement is binding on
and will inure to the benefit of, and shall be binding upon, the
respective heirs, legal representatives, successors, and
3aslgns of the parties.
NON.WAIVER OF BREACH: Tne parties agree that raill.lre by
a party to require strict performance of any provision shall in no
way aHect Ihe party's right to enforce the same, nor shall
waiver by one party of Elny breach of-any provision hereof be
held to be a waiver of any succeeding breach of the same or
any clher provIsion orthl5 agreement.
ATTORNEYS FEES: The parlle-G agree that In the event a legal
proceeding is brought to interpret or enforce the terms of this
Contract. the pr"valllng party ah.all be entitled to recover
reasonable costs and attorney fees in any legal proceeding or
anyap.oeai.
VENUE/GOVERNING LAW: T~ls Agreement shaJl be
construed in accordance with Oregon law and venUe for any
dispute related hereto shall be t~e CIrcuIt Court ot LanE:
Counly, Oregon
CONDITION OF LAN!); The price aet out on the reverse hereof
Is based upon all conditions of tfle land and improvement as
they appeared to the eye, or are-supported by geoloQlcal ancHor
Q\f\JcHira\ el)g\neers. or in1ormat'~on from other professional
80urce9, at the time of making lhis agreement. Sub~equetllly
discovered conditions which may increa&e the price hereof are
your risk and responsibility. In instances whele hazardous
male rials may be discovered in tand or in existing str\Jctures.
during the courqe OfWCUK, progr;ss shall slep as shall be
required by regulatory authoritie:s without pen.ally to Contractor.
Contractor shall receive payment under this agreement fOI al:
labor and materIals provided forthe work described herein
6
. Date Received: \
Planner., Lt> C)
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01128/2009 WED 16: 21
FAX 5417434681 RBA HID Workroom Copier
1l!I004/004
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P8cific Extruded Curbs
Proposal
POBox 584
Plea8ant Hill, OR 97455
(541) 344-6753 CCB#171505
Date Estimate -#
1/28/2009 876
Name I Address
Ship To
Harold Morris
686-8947
Just Brew It Coffee
Springfield
Project
Description
QIY
Rate
Unit
Tolal
Place appx 350lf of Continuous 6"
Flat Top Extruded Curb
Excavate, Rock, Set Up, Place &
Finish appx 201f of 4ft S/W with
ADA Ramp with pad inserted
350
5.30 If
1,855.00
1
1,250.00 ea
1,250.00
Notes:
1. Price includes (1) One Move In.
Each additional Move In 8350.00
2. Price is based on private project
3. Price does not include testing or
traffic contro I
4. Quote is good for 60 days
-:2.r-~
Total
$3,] 05.00
Curbing and ADA Ramp Completion date will be no more than 60 days from 01-30-2009
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