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HomeMy WebLinkAboutAgreement with Power Plus for Old City Hall Tenant Improvement - Bid Package No. 3(L% *N�E I! !I AGREEMENT TO CONTRACT Date: March 11, 2015 OWNER: CONTRACTOR: OWNER'S CONSTRUCTION City of Meridian Power Plus, Inc. MANAGER: 33 E. Broadway 25 Hartman St. Engineered Structures, Inc., dba ESI - Meridian, ID 83642 Boise, ID 83704 Express 3330 E. Louise Dr., Ste. 300 City Representative: Max Jensen Contractor Representative: Meridian, ID 83642 Duane O'Reilly CMRepresentative :Nate Hutton TOTAL CONTRACT s1w. PROJECT: Old City Hall Tenant Improvements 2015. SCOPE OF WORK: Supply all materials and labor to remove, dispose of and replace all Ballast and LED lamps on the main floor. Lighting replacement shall be Philips Lighting 16.5T8/24-4000 IF -6U 10/1 16.5W 40K U -Bent 120-277. Ballast replacement shall be Philips Advance ICN -1P32 -N. SCOPE OF THE AGREEMENT: This Agreement represents the entire and integrated agreement between Contractor and Owner and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Contractor and Owner. Neither the rights nor duties of this Agreement may be assigned or delegated by a party without prior written consent of the other party. - BONDS: The Work is being conducted at a public office building. Contractor must be a licensed public works contractor and comply with all applicable payment and performance bonding requirements. SUBSTANTIAL COMPLETION: Contractor shall achieve Substantial Completion of the entire Work as follows: Substantial Completion of the entire Work shall be achieved by May 9, 2015 with Final Completion and Owner acceptance by May 15, 2015. Contractor shall be liable to the Owner for any delay beyond this time period in the amount of five hundred dollars ($500.00) 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. _ 15,845.00 This Agreement is comprised of the following documents I. Proposal and Agreement to Contract Cover Sheet 2. Terms and Conditions of Proposal and Agreement to Contract /3. Exhibit A : Engineered Structures, Inc., dba ESI Express BID PACKAGE document dated March 2, 2015 f moo— c✓ai / 1e-5 -`NC_ OWNER: OF MERIDIAN - CONTRACTOR Mayor Tammy de Weerd Attest: City Clerk B r (Printed name and title AGREEMENT TO CONTRACT ARTICLE 1 THE WORK OF THIS CONTRACT § 1.1 The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. The tern "Work" means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations. ARTICLE 2 DATE OF COMMENCEMENT § 2.1 The date of commencement of the Work shall be the date this Proposal and Agreement to Contract is executed by Owner, unless a different date is stated in the Proposal and Agreement to Contract Cover Sheet. ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions in accordance with Article 8, the Contract Sum shall be the Total Bid amount stated in the Proposal and Agreement to Contract Cover Sheet. ARTICLE 4 PAYMENT § 4.1 The Owner shall make payment within thirty (30) days of receipt of Contractor's Application for Payment. Five (5) percent retainage shall be withheld from each Application for Payment by Owner. Pending Final Acceptance and final determination of cost to the Owner, Contractor shall submit Application for Payment for the withheld retainage amounts not in dispute. ARTICLE 5INSURANCE AND INDEMNIFICATION § 5.1 Contractor shall indemnify and save and hold harmless Owner from and for 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, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of Owner or its employees. Contractor shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the Owner shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, 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 Owner; and if Owner becomes liable for an arnount in excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmless Owner from and for all such losses, claims, actions, orjudgments for 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 of. Contractor shall provide Owner with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the Owner at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. § 5.2 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 of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. § 5.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City 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. § 5.4 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. § 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. § 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. ARTICLE 6 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 6.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site. § 6.2 The Owner shall obtain and pay for any and all necessary permits, fees, easements, assessments and charges — including tests, inspections and approvals of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 6.3 The Owner's Construction Manager will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request from either the Contractor. Interpretations and decisions of the Owner's Construction Manager will be consistent with the Contract Documents and will be in writing or in the form of drawings. AGREEMENT TO CONTRACT ARTICLE 7 CONTRACTOR § 7.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner and promptly report errors, inconsistencies or omissions discovered to the Owner's Construction Manager. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional. § 7.2 The Contractor warrants to the Owner that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. § 7.3 Unless otherwise agreed in writing, the Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is executed. § 7.4 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. The Contractor shall promptly notify the Owner's Construction Manager in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules and regulations. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs unless, after having notified the Owner or Owner's Construction Manager, either the Owner, Owner's Construction Manager or Authorities having jurisdiction order or direct the Contractor to complete said Work. § 7.5 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner's Construction Manager. § 7.6 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 7.7 The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste materials. § 7.8 All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance. II items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. ARTICLE 8 CHANGES IN THE WORK § 8.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus overhead and profit of fifteen percent (15%). § 8.1.1 If any changes contemplated by § 8.1 are to be performed by a related party, the Contractor shall notify the Owner of the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the change, then the cost incurred shall be included as an actual cost and the Contractor shall procure the Work, equipment, goods or service from the related party, as a Subcontractor. If the Owner frails to authorize the transaction, the Contractor shall procure the Work, equipment, goods or service form some person or entity other than a related party. For purposes of this § 8.1.1, a `related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Contractor. § 8.2 The Owner will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. § 8.3 If concealed or unknown physical conditions are encountered at the site that differ from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment. ARTICLE 9 TIME § 9.1 Time limits stated in the Contract Documents are of the essence of the Contract. If, however, the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be subject to equitable adjustment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury or loss to employees on the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. ARTICLE 11 CLAIMS AND DISPUTES § 11.1 Prior to the initiation of any legal proceeding, the parties agree to submit all claims, disputes or controversies arising out of or in relation to the interpretation, application or enforcement of this Agreement to non-binding mediation. Mediation shall be conducted under the auspices of the American Arbitration Association or such other mediation service or mediator upon which the parties agree. The cost of Mediation shall be shared equally. The party seeking to initiate mediation shall do so by submitting a written request to the other party to this Agreement within the period specified by applicable law, but in any case not more than 1 year after the date of Substantial Completion of the Work. This Article shall survive AGREEMENT TO CONTRACT completion or termination of this Agreement. Contractor and Owner waive all claims and causes of action not commenced in accordance with this Article 11. ARTICLE 12 MISCELLANEOUS PROVISIONS § 12.1 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed. § 12.2 The Contract shall be governed by the law of the State of Idaho. § 12.3 Either party may terminate this Agreement upon not less than ten (10) days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. eTRAKiT Home I Setup an Account I Log In COOUdCIOr V Username Password LOGIN ❑REMEMBERME Fomol Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Carina us Page 1 of 1 Public Works Search d) Search Again Download Results Printable View Power Plus, Inc =1 00001, 13850, 16000, 16700 11,4 AAA I ACTIVE I Power Plus, Inc. !First Fre--i Page: 1 of 1 Nex Last Details - License Number: PWC -C-10947 Registration p: PWC -C-10947 Issue: 8/4/2014 Expire: 7/31/2015 Type: PUBLIC WORKS Sub -Type: AAA Status: ACTIVE Company: Power Plus, Inc. Phone: (20B) 3231506 Cell: (208)871-1356 Pager: Fan: (208) 3231790 Owner Name: Linked Activities: Sub Case(s): PWCLO910-0008 ADMINASSESSMENT PAID The Division of Building Safety, makes every effort to produce and publish the most current and commas information passible. No wamances, expressed or implied, are provided for the data herein, its use, or its Interyretalion. Utilization of this website indicates understanding and ameplance of IIns statement. 1-800-955-3044,1090 E Wetedowar Sl, Suite 150 Mendim ID 03642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_ PubheWorksSearchRslts.aspx 3/12/2015 IDSOS Viewing Business Entity Page 1 of 2 a� IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for POWER PLUS. INC ] [ Monitor POWER PLUS. INC business filings ] POWER PLUS, INC. 25 HARTMAN STREET BOISE, ID 83704 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 29 Jan 1993 Origination/Authorization: Document Online Initial Registered Agent: CANTRILL SKINNER SULLIVAN-ETAL View 1423 TYRELL LN Report for year 2011 BOISE, ID 83706 Organizational ID / Filing C100918 Number: ANNUAL REPORT Number of Authorized Stock 1000 Shares: Report for year 2009 Date of Last Annual Report: 20 Dec 2013 Annual Report Due: Jan 2015 Original Filing: Report for year 2009 [ Helms Me Print/View TIFF ] Filed 29 ]an 1993 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: Report for year 2008 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2007 View Image (PDF format) View Image (TIFF format] View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/Cl00918.htrnl 3/12/2015 [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2007 View Image (PDF format) View Image (TIFF format] View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/Cl00918.htrnl 3/12/2015