Thueson Constr Contract EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A UNIT PRICE
THIS AGREEMENT is dated as of the |~'H~ day of /~,y in the year 2002
by and between City of 'Meridian, Idaho (hereinafter called~OWNER) and Thueson
Construction, Inc. (hereinafter call CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows: Sanitary sewer trunk line construction and related
work.
Article 2. ENGINEER
The project has been designed by Keller Associates, Inc. who is hereinafter called ENGINEER
and who is to act as OWNER's representative, assume all duties and responsibilities and have
the dghts and authority assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME
3.1
The Work will be substantially completed within 160 calendar days from the
date when the Contract Time commence to run as provided in paragraph 2.03
of the General Conditions, and completed and ready for final payment in
accordance with paragraph 14.07 of General Conditions within 190 days after
the date when the Contract Time commence to run.
3.2
Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1 above, plus
any extensions thereof allowed in accordance with paragraph Article 12 of the
General Conditions. They also recognize the delays, expense, and difficulties
involved in proving the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($ 200.00) for
each day that expires after the time specified in paragraph 3.1 for Substantial
Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the
remaining Work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER Fifty Dollars ($ 50.00) for each day
that expires after the time specified in paragraph 3.1 for completion and
readiness for final payment.
Proiect No. 199062 EJCDC - 1 City of Meridian
Article 4.
4.1
ITEM ~NUMBER
201.4.1 .B.1
2O7.4.1 .A. 1
304.4.1 .A.1
307.4.1 .F.1
307.4.1 .I.1
504.4.1 .A.1 .a
504.4.1 .A.1 .b
501.4.1.B.1.a
501.4.1 .B.1 .b
501.4.1 .B.1 .c
501.4.1 .B.1 .d
501.4.1 .B.1 .e
501.4.1 .B.1 .f
501.4.1 .C.1 .a
501.4.1 .C.1 .b
501.4.1 .C.1 .c
502.4.1 .A. 1 .a
502.4.1. A. 1. b
CONTRACT PRICE
OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents an amount in current funds equal to the sum as
follows:
for all Unit Price Work, an amount equal to the sum of the established unit pdce
for each separately identified item of Unit Pdce Work times the estimated
quantity of that item.
UNIT PRICE WORK
iTEM ~RIPTIoN
QUANTITY UNIT PRICE: ESTIMATED
Cleadng and Grubbing
Removal of Obstructions (pipes,
trees)
I LS 17,300.00 17,300.00
I LS 2,300.00 2,300.00
Trench Stabilization
Type "P" Surface Restoration
(Asphalt Roadway)
Gravel Access Road - See Plan
Detail
Sewer Service Line, Size 4-Inch
(Sta. 41+00 to 55+00)
Sewer Service Line, Size 4-Inch
(Sta. 97+00to 129+00)
Solid Wall Gravity Sewer Pipe -s~ze
24"-type ASTM F 679
Solid Wall Gravity Sewer Pipe -s~ze
18"-type ASTM F 679
Solid Wall Gravity Sewer Pipe -size
12"-type ASTM D 3034
Solid Wall Gravity Sewer Pipe -size
10"-type ASTM F 3034
Solid Wall Gravity Sewer Pipe -s~ze
8"-type ASTM D 3034
Solid Wall Gravity Sewer Pipe -size
6"-type ASTM F3034
1,500 CY 9.10 13,650.00
100 LF 48.30 4,830.00
17,400 LF 6.70 116,580.00
240 LF 17.50 4,200.00
300 LF 17.30 5,190.00
5,881 LF 32.40 190,544.40
5,971 LF 25.40 151,663.40
5,756 LF 18.40 105,910.40
20 LF 45.00 900.00
260 LF 32.20 8,372.00
10 LF 14.90 149.00
CCTV Inspection - Size 24"
5,881 LF 1.00 5,881.00
CCTV Inspection - Size 18"
5,971 LF 1.00 5,971.00
CCTV Inspection - Size 12"
48" Dia. Sanitary Sewer Manhole -
Type A
60" Dia. Sanitary Sewer Manhole -
Type A
5,756 LF 0.90 5,180.40
21 EA 2,020.00 42,420.00
55 EA 3,450.00 189,750.00
Proiect No. 199062 EJCDC - 2 City of Meridian
601.4.1 .A.6.a
801.4.1 .A.6.b
601.4.1 .A.6.c
601.4.1 .A.6.d
601.4.1 .A.6.e
601.4.1 .A.6.f
601.4.1 .A.6.g
601.4.1 .A.1 .a
601.4.1 .A.2.b
802.4.1 .A. 1
1103.4.1.A.1
2010.4.1 .A. 1
SP-1
SP-2a
SP-2b
SP-2c
SP-2d
SP-2e
SP-2f
SP-3
SP-4a
SP-4b
SP-5
SP-6
SP-7
SP-8
SP-9
36" Culvert, Corrugated Galvanized
Steel Pipe (CGSP) 40
24" Culvert, Corrugated Galvanized
Steel Pipe (CGSP) 40
21" Culvert, Corrugated Galvanized
Steel Pipe (CGSP) 29
18" Culvert, Corrugated Galvanized
Steel Pipe (CGSP) 105
15" Culvert, Corrugated Galvanized
Steel Pipe (CGSP) 55
12" Culvert, Corrugated Galvanized
Steel Pipe (CGSP) 44
10" Culvert, Corrugated Galvanized
Steel Pipe (CGSP) 10
18", Gravity Irrigation Pipe, Class III,
ASTM C76 Reinforced Concrete
Pipe 3
12", Gravity Irrigation Pipe, Class III,
ASTM C76 Reinforced Concrete
Pipe
3/4 inch Crushed Aggregate Base
Material (Cooper Property)
Construction Traffic Control
Mobilization
T-Type Cleanout
6' Chainlink Fence (Cooper Property)
4' Chainlink Gate (Cooper Property)
6' Chainlink Gate (Cooper Property)
3-Strand Temporary Barbed Wire
Fence (Cooper Property)
Gate Relocation (Cooper Property)
Fence Relocation (Cooper Property)
Sewer Crossing Signage
Type-I Concrete Irrigation Structure
Type-II Concrete Irrigation Structure
Concrete Headwall
ASTM C-33 Sand for Arena (Cooper
Property)
12" Waterman C-10 Canal Gate
Temporary Ditch Relocation
Seeding
50
40
1
1
5
670
2
1
870
4
170
10
1
1
4
13
1
2
1,240
LF
LF
LF
LF
LF
LF
LF
LF
LF
CY
LS
LS
EA
LF
EA
EA
LF
EA
LF
EA
EA
EA
EA
CY
EA
EA
SY
32.40
26.80
27.10
19.20
19.70
19.40
36.10
63.10
19.10
9.10
1,730.00
46,700.00
249.00
10.90
288.00
633.00
3.50
690.00
6.90
230.00
1,330.00
1,330.00
1,860.00
23.00
993.00
3,450.O0
0.50
1,296.00
1,072.00
785.90
2,016.00
1,083.50
853.60
361.00
189.30
955.00
364.00
1,730.00
46,700.00
1,245.00
7,303.00
576.00
633.00
2,345.00
2,760.00
1,173.00
2,300.00
1,330.00
1,330.00
7,440.00
299.00
993.00
6,900.00
620.00
Project No. 199062 EJCDC - 3 City of Meddian
SP-10
SP-11
Concrete Irrigation Ditch
(Quenzer Property)
Testing
1,252
1
LF
LS
20.10
3,450.00
25,165.20
3,450.00
TOTAL
$ 994,060.10
Proiect No. 199062 EJCDC - 4 City of Meridian
TOTAL OF ALL UNIT PRICES:
As provided in paragraph 11.03 of the General Conditions estimated quantities
are not guaranteed, and determinations of actual quantities and classification
are to be made by the OWNER, or ENGINEER as provided in paragraph 9.08 of
the General Conditions. Unit prices have been computed as provided in
paragraph 11.03.B of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in
the General Conditions.
5.1.
Progress Payments; Retainage. OWNER shall make progress payments on
account of the Contract Pdce on the basis of CONTRACTOR's Applications for
Payment as recommended by ENGINEER, on or about the 1.~5 day of each
month dudng construction. All progress payments will be on the basis of the
progress of the work measured by the Unit Pdce Work based on the number of
units completed. The estimated Work completed shall include the value of
accepted materials which are in a condition or state of fabrication ready to be
incorporated into the Work.
Until such time as the work is accepted by OWNER, the retained percentage
shall be five (5%) percent of the value of the completed work.
5.2
Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraph 14.07 of the General Conditions, OWNER shall pay
the remainder of the Contract amount based on the unit prices bid multiplied by
the actual quantities in the completed work.
Article 6. INTEREST
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
7.2 CONTRACTOR has given ENGINEER wdtten notice of all conflicts, errors or
Proiect No. 199062 EJCDC - 5 City of Meridian
discrepancies that he has discovered in the Contract Documents and the wdtten
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
7.3
CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies, or similar information or data
in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provisions of paragraph
4.04 of the General Conditions.
7.4
CONTRACTOR has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and studies with the
terms and conditions of the Contract Documents.
7.5
CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the site that relates to the Work as indicated in the
Contract Documents.
Article 8. CONTRACT DOCUMENTS
The Contract Documents which compdse the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement
8.2 Exhibits to this Agreement
8.3 Performance, Payment and other Bonds
8.4 Notice to Proceed
8.5 General Conditions
8.6 Supplementary Conditions
8.7 Special Provisions
8.8 Meridian City Specifications
8.9 Technical Specifications - 2000 Idaho Standards for Public Works Construction
8.10 Drawings
8.11 All Addenda
8.12 CONTRACTOR's Bid
Proiect No. 199062 EJCDC - 6 City of Meridian
8.13 Documentation submitted by CONTRACTOR prior to Notice of Award
8.14
The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Wdtten Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to the General Conditions or Supplementary Conditions.
8.15 The documents listed in paragraphs 8.2 et seq. above are attached to this
Agreement (except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of
the General Conditions.
Article 9. MISCELLANEOUS.
9.1
Terms used in this Agreement which are defined in Article I of the General
Conditions will have the meanings indicated in the General Conditions.
9.2
No assignment by a party hereto of any dghts under or interest in the Contract
Documents will be binding on another party hereto without the wdtten consent
of the party sought to be bound; and specifically but without limitation, moneys
that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any wdtten
consent to an assignment no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
9.3
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect of all covenants and obligations
contained in the Contract Documents.
9.4
Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stdcken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the
stdcken provision.
Article 10. OTHER PROVISIONS
{none}
Project No. 199062 EJCDC - 7 city of Meridian
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
tdplicete. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed, initialed, or identified
by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.
The Agreement will be effective on
2002.
Owner City of Meddian
Contractor Thueson Construction. Inc.
660 E. Watertower 455 South Kings Road
~'~idian, IdahQ 83642 Naml3a, Idaho 836,8~-~-';--~-i~-'.. ?'%
[CO. RATE S~L] S ~~~PORATE S~L]
'%".,'~_ . ~.,,,.:
AUest~ I est
Address for giving notices %. ,~%;; ,~, ¢ A~dress for giving notices
License No.
Agent for service of process:
Federal Employer ID No. 't~- o_~3~ <~' ~
Project No. 199062 EJCDC - 8 City of Meddian