HomeMy WebLinkAboutStandard Form of Agreement with Bodiford Construction Inc. for Pine Interceptor
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FORM 00500
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Taken From
2005 ISPWC
For the
CITY OF MERIDIAN
PINE INTERCEPTOR SEWER AND TEN MILE SEWER
ADA COUNTY, IDAHO
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CITY OF MERIDIAN
PINE INTERCEPTOR SEWER AND TEN MILE SEWER
ADA COUNTY, IDAHO
STANDARD FORM OF AGREEMENT
BETWEENO~RANDCONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by and between the City of Meridian (hereinafter called OWNER) and Bodiford Construction. Inc.
(hereinafter called 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 Project consists of
construction of approximately 103 lineal feet of 18-inch PVC gravity sewer, 1,188 lineal feet of IS-inch PVC gravity sewer, 1,711
lineal feet of 10-inch PVC gravity sewer, 809 lineal feet of 8-inch gravity sewer, asphalt and other surface repair, manholes, sewer
services, dewatering, traffic control, storm water management, and other related and miscellaneous work. It is the intent of these
documents to describe the work required to complete this project in sufficient detail to secure comparable bids. AU parts or work
not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall
conform to all Local, State and Federal requirements.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work lUlder the Contract Documents may be the whole or only a part is generally described as
follows: Pine Interceptor Sewer - Schedule A; Ten Mile Sewer - Schedule B
ARTICLE 3 - ENGINEER
3.01 The Design Engineer is J-U-B ENGINEERS, Inc., 250 S. Beechwood Avenue, Suite 201, Boise, Idaho 83709. The
Construction Project Engineer is the City of Meridian, hereinafter called ENGINEER, and who is to act as OWNER's representative,
assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in
cOlll1ection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the
Contract Documents are of the essence of the Contract.
00500-1
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4.02 - Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed as listed below: J ~I
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1. Bid Schedule A (Pine Interceptor Sewer) 7
Phase 1: Substantial Completion M~ ~006; Final Completion
Phase 2: Substantial Completion Ap~6; Final Completion
2. Bid Schedule B (Ten Mile Sewer) ...-:::r S 1/5"1 Cl,
Substantial Completion -Mtn..;h 30, 2006
Final Completion -Aplil38, 2006~ lD II \ ~
Liquidated Damages
- ~ W~'*
Marc 2 , 2006 -,
April , 06 ( ,
4.03
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer fmancial
loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in
proving in a legal or arbitration proceeding 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 $500 for each day that expires after the time specified in paragraph 4.02 for Substantial
Completion of each milestone date listed for either Schedule A or Schedule B until the Work is substantially complete. After
Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or
any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500 for each day that expires after the time
specified in paragraph 4.02 for completion of each milestone date listed for either Schedule A or Schedule B and readiness for fmal
payment until the Work is completed and ready for fmal payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACfOR for completion of the Work in accordance with the Contract Documents an amount in
current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A.
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. 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.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis ofCONTRACfOR's Applications for
Payment on or about the 25th day of each month for work through the last day of the preceding month during performance of the
Work as provided in paragraphs 6.02.A.I and 6.02.A.2 below. All such payments will be measured by the schedule Of values
established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated
below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine
or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. 95% of Work completed (with the balance being retainage); and
b. No payment for cost of materials and equipment not incorporated in the Work.
00500-2
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Work completed, less such amOlmts as ENGINEER shall detenninein accordance with Article
14 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to b"e completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. If, at
Substantial Completion, the character and progress of the work has been satisfactory, the OWNER may, at the OWNER's sole
discretion, reduce the amOlmt of retainage being held.
6.03 Final Payment
A. Upon fmal completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER
shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of7% per
ammm.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the
Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions
that may affect cost, progress, and perfonnance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site
(except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the
General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been
identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations,
investigations, explorations, tests, studies, and data conce111ing conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific
means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be
employed by CONTRACTOR, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or-data are
necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other telTI1S
and conditions of the Contract Documents.
G. 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.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from
visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
00500-3
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1. - CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
K. The CONTRACTOR is an appropriately licensed public works contractor per Section 54-1902 (Idaho Code).
L. The CONTRACTOR will submit within 30 days of the date of this agreement a Public Works Contract Report (Form WH-5) .
to the Idaho State Tax Commission in compliance with Section 54-1904A and 63-3624(f), Idaho Code.
ARTICLE9-CONTRACTDOCUMENTS
9.01 Contents
A. The Contract Docmnents consist of the following:
1. This Agreement (pages 1 to _, inclusive);
2. Performance Bond (pages _ to ----? inclusive);
3. Payment Bond (pages _ to ----? inclusive);
4. Other Bonds (pages _ to ----? inclusive);
a.
(pages _ to ----? inclusive);
b.
(pages _ to ----? inclusive);
(pages _ to ----? inclusive);
c.
5. Certificates of Insurance
6. General Conditions, Division 100 of the 2005 Idaho Standards for Public Works Construction (ISPWC).
7. Instmctions to Bidders, Form 00100.
8. Owner's Supplementary Conditions, Form 00810.
9. Standard Specifications and Standard Drawings - 2005 Idaho Standards for Public Works Construction (ISPWC).
10. Owner's Revisions to the Standard Specifications and Special Provisions (pages ~ to _, inclusive).
11. Ada County Highway District latest Supplemental Specifications to ISPWC.
12. Project Manual.
13. Plans consisting of a cover sheet and sheets numbered 1 through 23, inclusive, and sheets numbered 1 through 20,
inclusive with each sheet bearing the following general titles, respectively:
City of Meridian
Pine futerceptor Sewer - Schedule A
Ada County, Idaho
City of Meridian
Ten Mile Sewer - Schedule B
Ada County, Idaho
00500-4
14. Addenda (numbers _ to --' inclusive);
15. Exhibits to this Agreement (enumerated as follows):
a. CONTRACTOR's Bid (pages _ to _' inclusive); Form 00300
b. Contractor's Affidavit Concerning Taxes, Form 00710
c. Notice of Award, Form 00450
d. Notice to Proceed, Form 00720
e. Documentation submitted by the Contractor prior to Notice of Award
hereto:
16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached
a. Written Amendments
b. Work Change Directives
c. Change Order( s)
d. Application for Payment
e. Certificate of Substantial Completion
B. The documents listed in paragraph 9.0 I.A are attached to this Agreement (except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General
Conditions.
ARTICLE 10 - MISCELLANEOUS
1O.Q1 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto
without the written 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 written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. 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 to all covenants, agreements, and obligations contained in
the Contract Documents.
00500-5
10.04 . Severability
A. Any provision or part of the Contract Documents held to be void or Wlenforceable Wlder any Law or Regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and C;:ONTRACTOR, who agree
that the Contract Documents shan be reformed to replace such stricken provision or paIt thereof with a valid and epforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One cOWlterpart each has been
delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or on their behalf.
This Agreement will be effective on
OWNER:
CITY OF MERIDIAN
..---r;:-
By:
Attes
Tammy
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William G. Berg, J2:City It f.'{/ ,.... ::::
/ (ff, _ to /~ .;f'~.J ~
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.......-:.~ "1 1""l, ,,~) ..,~
Approved by City Council: Febiim1~iro:(jb{ ,,\:.'\\,.
/Irtn~!: ;!,n1'
Address for giving notices:
33 East Idaho Ave Meridian, ill 83642
(If OWNER is a corporation, attach evidence of authority to
sign. If OWNER is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of OWNER-CONTRACTOR
Agreement.)
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
,2006 (which is the Effective Date of the Agreement).
CONTRACTOR:
Attest
Address for giving notices:
(;5. ~~C5{. "*1
~\) , Z37/1
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~91C;-
~)J""~~.
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License No. \ 0 \ 3 ~ .- A A..A.. - I
(Where applicable)
Agent for service of process: ~(..t::> ~ IO<L
A(().) e'''7"'-1 A-~ ~
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Name:J.e-l2A-1..:P ~ ~ (ovL-
Title: ~. M.a,..L-
Address: ~CJ.-Q c;,.., 1'-6 ~_
Phone:
~?-7S~~
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Facsimile:
00500-6
Mer:idian ..Ten mile & Pine Interceptor Sewers
Schedule A - Pine Interceptor Sewer
Tree Removal 13 EA 450.00 5,850.00
Dewatering 1 LS 38,000.00 38,000.00
Trench Fnd Stab Material 122 CY 30.00 3,660.00
Import Trench BF 980 CY 15.00 14,700.00
Surf Resto. sod 13151 SY 6.00 ' 78,906.00
Surf Resto - Natural Ground 3533 SY 2.00 7,066.00
Surf Resto. Type Pb . Asphalt (Full width Access Path) 1844 SY 28.00 51,632.00
Gravel Access Road (temporary) 521 LF 45.00 23,445.00
Ten Mile Stub Drain Crossing #3 (Bore) 1 LS 43,000.00 43,000.00
8U Grav Sewer PVC 234 LF 112.00 26,208.00
10" Water Class Gravity Sewer PVC 128 LF 126.00 16,128.00
15" Grav Sewer PVC 1188 LF 142.00 168,696.00
18" Water Class Grav Sewer PVC 103 LF 162.00 16,686.00
SSMH - Type A - 48" 7 EA 3,800.00 26,600.00
SSMH ~ Type B . 60" 2 EA 9,700.00 19,400.00
Service Line Cleanout - 6" 4 EA 815.00 3,260.00
Sewer service Line - 4" 40 LF 68.00 2,720.00
Sewer service Line - 6" 672 LF 48.00 32,256.00
Connect to Existing Sewer I Manhole 3 EA 3,200.00 9,600.00
Sewer Service Conn to Main - 4" 2 EA 750.00 1,500.00
Silt Fence 1365 LF 5.00 6,825.00
Mobilization 1 LS 40,350.00 40,350.00 ,..
Sewage Bypass Control Systems 1 LS 6,800.00 6,800.00
ACHD Permits and Licenses 1 LS 1,000.00 1,000.00
Rem & Reset Misc Item ~ Sign 1 EA 900.00 900.00
Rem & Reset Misc Item - Park Bench 2 EA 900.00 1,800.00
Rem & Reset Misc Item - Fence 224 LF 65.00 14,560.00
Lift Station Abandonment 1 LS 12,300.00 12,300.00
Stormwater Management 1 LS 12,500.00 12,500.00
Ten Mile Creek Crossing #1 1 LS 60,325.00 60,325.00 )(
Ten Mile Creek Crossing #2 1 LS 60,325.00 60,325.00 )C
Subtotal - Schedule A 806,998.00
Meridian - Ten mile & Pine Interceptor Sewers
Schedule B:-- Ten Mile Sewer & Pine Interceptor Sewer
Dewatering 1 LS 32,250.00 32,250.00
Trench Fnd Stab Material 400 CY 30.00 12,000.00
Import Trench BF 1004 CY 15.00 ' 15,060.00
Surf Resto - Type C - gravel 544 LF 9.00 4,896.00
Surf Resto - Type P1 - Asphalt 675 LF 40.00 27,000.00
Surf Resto - Type P3 ~ Asphalt 2638 LF 48.00 126,624.00
Surf Resto - Type Pt ~ Temporary Asphalt 3313 LF 10.00 33,130.00
Soft Spot Repair - Pit Run 0 to 10CY 10 CY 50.00 500.00
soft Spot Repair ~ Pit Run> 1 OCY 500 CY 30.00 15,000.00
Ten Mile Creek Bridge Bore Crossing 1 LS 31,250.00 31,250.00
8" Gravity Sewer 575 LF 112.00 64,400.00
10" Gravity Sewer 1549 LF 118.00 182,782.00
12" Gravity Sewer 1234 LF 126.00 155,484.00
18" Gravity Sewer 594 LF 140.00 83,160.00
SSMH - Type A - 48" 8 EA 3,800.00 30,400.00
SSMH - Type B - 60" 4 EA 9,700.00 38,800.00
Connect to Existing Sewer / Manhole 1 EA 3,500.00 3,500.00
Gravity Irrigation / Storm Drain pipe Crossing 2 EA 1,200.00 2,400.00
Construction Traffic Control 1 LS 21,000.00 21,000.00
Mobilization 1 LS 35,000.00 35,000.00
ACHD Permits & License 1 LS 7,200.00 7,200.00
Rem & Reset Land Monument 1 EA 1,000.00 1,000.00
Stormwater Management 1 LS 12,500.00 12,500.00
Subtotal - Schedule B 935,336.00
Subtotal- Schedule A
Subtotal - Schedule B
Grand Total
806,998.00
935,336.00
1,742,334.00