HomeMy WebLinkAboutCougar Excavation W. Idaho Water Main and NW 1st St. Seer Main Replacement Proj. 11032.b Mayor Robert E. Simison
E IDIAN�» City Council Members
Joe Borton
Treg Bernt
D A H O Luke Cavener
P u b l i c Wo rks Brad Hoaglun
Department Jessica Perreault
Liz Strader
TO: KEITH WATTS
FROM: BRENT BLAKE
DATE: SEPTEMBER 22,2022
SUBJECT: W.IDAHO AVE.WATER AND SEWER MAIN AND NW 1"SEWER REPLACEMENTS—
CONSTRUCTION CONTRACT WITH TBD FOR AN AMOUNT OF$TBD
I. DEPARTMENT CONTACT PERSONS
Brent Blake,Engineering Project Manager 489-0340
Kyle Radek,Assistant City Engineer 489-0343
Warren Stewart,City Engineer 489-0350
Laurelei McVey, PW Director 985-1257
H. DESCRIPTION
A. Back rg o
The Public Works Department has budgeted for the replacement of water and sewer mains throughout the
City. Replacements are scheduled based on City priority or other factors,such as ACHD project
schedules.
B. Proposed Project
Replace approximately 550-feet of an existing 6-inch water main with a new 8 inch main on W. Idaho
Avenue between W. 2nd Street and Meridian Road along with installing two new fire hydrants, service
lines from the main to meter, new meter setters,and new meters. This project will also include replacing
the sewer main in NW 1 st Street south of W Broadway and North of W Pine in order to abandon the
sewer mains between NW 1 st and NW 2nd.
C. Describe Item
This item is to award the contract with TBD to replace 550 feet of existing 6-inch water main and 650 feet
of sewer main.
Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian, 1D 83642
Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org
M. IMPACT
A. Fiscal Impacts
Project Costs:
Fiscal Year 2023
Construction Contract $TBD
Total Project Cost $TBD
Available Project Funding
Fiscal Year 2023 Account Code/Codes
3490-95000
3590-95000
Total Funding $1,300,000
Departmental Approval: --
arren Stewart
Page 2 of 2
D RESULTS Blue Sky Construction,I.I.C. Cougar Excavation Thueson Construction,Inc.
laho Water Main Replacements Total Cost $2,222,834.0 $1,719,718.0 $1,928,154.0
Selected# 0 0 0
Selected($) 1 $0 $0 $0
Lowest ntityRequir Unit UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost
$1 1 LS $1 $1 1$5,000.0 $5,000.0 $30,000.0 $30,000.0
)n Material $3,600.0 100 TN $36 $3,600.0 $50 $5,000.0 $50 $5,000.0
$11,000.0 500 TN $22 $11,000.0 $40 $20,000.0 $50 $25,000.0
n(Asphalt Roadway-Sewer Main) $57,600.0 720 LF $125 $90,000.0 $80 $57,600.0 $86 $61,920.0
vice $12,000.0 10 EA $2,000.0 $20,000.0 $2,000.0 $20,000.0 1$1,200.0 $12,000.0
$102,000.0 680 LF 1$150 $102,000.0 $220 $149,600.0 $150 $102,000.0
istruction)-Gravity Sewer-8"PVC $6,688.0 1672 LF $5.5 $9,196.0 $4 $6,688.0 $7 $11,704.0
Type A $48,000.0 8 EA $9,500.0 $76,000.0 1$10,000.0 $80,000.0 $6,000.0 $48,000.0
Manhole $12,000.0 4 EA $6,500.0 $26,000.0 $3,000.0 $12,000.0 $7,200.0 $28,800.0
$375,600.0 3130 LF $297 $929,610.0 $120 $375,600.0 $235 $735,550.0
terouting $48,000.0 6 EA $8,800.0 $52,800.0 $8,000.0 $48,000.0 $11,000.0 $66,000.0
$8,000.0 16 EA $632 $10,112.0 $500 $8,000.0 $950 $15,200.0
nvestigations $7,105.0 2030 LF $5.5 $11,165.0 $4 $8,120.0 $3.5 $7,105.0
$20,300.0 2030 LF $25 $50,750.0 $10 $20,300.0 $12 $24,360.0
hole $17,500.0 5 EA $6,800.0 $34,000.0 $4,000.0 $20,000.0 $3,500.0 $17,500.0
action(CIPP)at Sewer Main $16,500.0 5 EA $3,300.0 $16,500.0 $4,000.0 $20,000.0 $7,500.0 $37,500.0
ig $20,000.0 20 EA $2,800.0 $56,000.0 $1,500.0 $30,000.0 $1,000.0 $20,000.0
$60,000.0 1 LS $117,800.0 $117,800.0 $60,000.0 $60,000.0 $110,000.0 $110,000.0
$40,000.0 1 LS $85,500.0 $85,500.0 $40,000.0 $40,000.0 $50,000.0 $50,000.0
$12,000.0 1 LS $13,200.0 $13,200.0 $15,000.0 $15,000.0 $12,000.0 $12,000.0
$5,000.0 1 LS $5,300.0 $5,300.0 $5,000.0 $5,000.0 $23,000.0 $23,000.0
$3,500.0 1 EA $8,400.0 $8,400.0 $3,500.0 $3,500.0 1$4,000.0 $4,000.0
ation(Landscaping) $20,000.0 1 LS $20,000.0 $20,000.0 $280,000.0 $280,000.0 $33,000.0 $33,000.0
(Gravel Roadway) $840 42 LF $130 $5,460.0 $20 $840 $120 $5,040.0
!storation(Asphalt Roadway) $46,400.0 580 LF $125 $72,500.0 $80 $46,400.0 $85 $49,300.0
Restoration(Asphalt Roadway) $30,560.0 382 LF $80 $30,560.0 $80 $30,560.0 $85 $32,470.0
$60,170.0 547 LF $110 $60,170.0 $130 $71,110.0 $150 $82,050.0
$3,400.0 40 LF $85 $3,400.0 $200 $8,000.0 $250 $10,000.0
$11,200.0 4 EA $2,800.0 $11,200.0 $3,200.0 $12,800.0 $5,000.0 $20,000.0
$4,500.0 2 EA $2,250.0 $4,500.0 $2,800.0 $5,600.0 $3,000.0 $6,000.0
$12,400.0 2 EA $7,150.0 $14,300.0 $10,000.0 $20,000.0 $6,200.0 $12,400.0
4"Meter-Single $31,500.0 15 EA $2,100.0 $31,500.0 $2,800.0 $42,000.0 $3,850.0 $57,750.0
Sewer Main Crossing $14,800.0 4 EA $4,250.0 $17,000.0 $5,000.0 $20,000.0 $3,700.0 $14,800.0
Gutter $3,700.0 37 LF $305 $11,285.0 $100 $3,700.0 $240 $8,880.0
4"Thick $1,000.0 5 LF $400 $2,000.0 $200 $1,000.0 $350 $1,750.0
$38,000.0 1 LS $100,000.0 $100,000.0 $60,000.0 $60,000.0 $38,000.0 $38,000.0
$15,000.0 1 LS $25,000.0 $25,000.0 $40,000.0 $40,000.0 $15,000.0 $15,000.0
in $12,000.0 4 EA $5,000.0 $20,000.0 $3,000.0 $12,000.0 $3,300.0 $13,200.0
$5,000.0 1 EA $25,000.0 $25,000.0 $5,000.0 $5,000.0 $12,000.0 $12,000.0
$5,000.0 1 LS $5,300.0 $5,300.0 $5,000.0 $5,000.0 $12,000.0 $12,000.0
$34,725.0 463 LF $75 $34,725.0 $100 $46,300.0 $125 $57,875.0
C� fIEN DLAN
HO
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Keith Watts Meeting Date: 2/21/2022
Presenter: N/A Estimated Time: N/A
Topic: Award of Bid and Approval of Agreement for the W. Idaho Water Main and NW 1st
Street Sewer Main Replacement project to Cougar Excavation for the Not-To-Exceed
amount of$1,719,718.00
Recommended Council Action:
Approve agreement and authorize the Procurement Manager to sign the Agreement&related
Purchase Order.
Background:
We received 3 bids and Cougar Excavation was $503,116.00 (29.3%) lower than the high bid.
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
W. IDAHO WATER MAIN AND NW 1ST STREET
SEWER MAIN - REPLACEMENTS
PROJECT # 11032.b
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 21 st day of
February, 2023, and entered into by and between the City of Meridian, a municipalcorporation
organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East
Broadway Avenue, Meridian, Idaho 83642, Cougar Excavation hereinafter referred to as
"CONTRACTOR", whose business address is P.O. Box 1306, Meridian, ID 83680Address
(Number, Street, City, State, Zip) and whose Public Works Contractor License # is PWC-C-
16438.
INTRODUCTION
Whereas, the City has a need for services involving water and sewer main
replacements; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of 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
files, are the property of 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. If 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-free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
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
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 of 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 of 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
hereof for the Not-To-Exceed amount of $1 ,719,718.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
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, transportation, drawings, renderings or
mockups or material escalations. Specifically, Contractor shall not be entitled by
virtue of this Agreement to consideration in the form of overtime, health insurance
benefits, retirement benefits, paid holidays or other paid leaves of absence of 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 of termination is listed in Exhibit A.
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
3.2 Should Contractor default 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.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if 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 210 (two hundred ten)
calendar days from 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 for 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.
Upon receipt of a Notice to Proceed, the Contractor shall have 240 (two hundred
forty) calendar days to complete the work as described herein. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $300.00
(three hundred dollars) per calendar day. Such payment shall be construed tobe
liquidated damages by the Contractor in lieu of any claim ordamage because ofsuch
delay and not be construed as a penalty. See Milestones listed in the Payment
Schedule for Substantial Completion.
5. Termination:
5.1 If,through any cause,Contractor,its officers,employees,or agents failsto fulfill
in a timely and proper manner its obligations under this Agreement, violatesany of
the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord
or document required to be prepared under this agreement, engages in fraud,
dishonesty, or any other act of misconduct in the performance of this contract, or
if City determines that termination of this Agreement is in the best interest of City,
the City shall thereupon have the right to terminate thisAgreement by giving
written notice to Contractor of such termination and specifying the effective date
thereof at least fifteen (15) days before the effectivedate of such termination.
Contractor may terminate this agreement at any time by giving at least sixty (60)
days' notice to City.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by Contractor under this Agreementshall,
at the option of the City, become its property, and Contractor shall beentitled to
receive just and equitable compensation for any work satisfactorily complete
hereunder.
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
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5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe
City for damages sustained by the City by virtue of any breach of this
Agreement by Contractor, and the City may withhold any payments to Contractor
for the purposes of set-off until such time as the exact amount ofdamages due the
City from Contractor is determined. This provision shallsurvive the termination of
this agreement and shall not relieve Contractor of its liability to the City for
damages.
6. Independent Contractor:
6.1 In all matters pertaining to this agreement, Contractor shall be acting as an
independent contractor, and neither Contractor nor any officer, employeeor 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 ofthe personnel of
the City in the performance of this agreement shall be made bythe 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 of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified 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 of
Contractor in fulfillment of this Agreement. If 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 of its sub-contractors be licensed per State of Idaho
Statute # 54-1901 .
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. If, 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.
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
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9. Indemnification and Insurance:
9.1 Contractor shall indemnify and save and hold harmless City and it's
selected officials, officers, employees, agents, and volunteers 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
City or its employees. Contractor shall maintain, and specificallyagrees that it will
maintain, throughout the term of this Agreement, liabilityinsurance, in which the
City 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 limitationof 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 harmlessCity from and for
all such losses, claims, actions, or judgments for damages or injury to persons or
property and other costs, including litigation costs andattorneys' 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 topersonal injury, death, or damage
or destruction to tangible or intangible property,including use of. Contractor shall
provide City 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 City at least ten (10) days prior to the date Contractor
begins performance of its 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.
9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating
of 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 of 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 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
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
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 for subcontractors shall be subject to all of 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
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works Improvement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of Idaho with a Best's rating of no less than A-. In the event that the
contract is subsequently terminated for failure to perform, the contractor and/or
surety will be liable and assessed for 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 from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All 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.
13. Changes:
The City may, from time to time, request changes in the Scope of Work to be
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
performed hereunder. Such changes, including any increase or decrease in the
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 formalities as this Agreement.
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. Items
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 Stormwater Specifications:
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
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancity.org/environmental.aspx?id=13618.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final 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 final 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-of-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 Information:
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 for a minimum of
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.1b
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and Inspections:
At any time during normal business hours and as often 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 datarelating 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:
In performing the work herein, Contractor agrees to comply with the provisions of
Title VI and VII 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
affirmative action during employment or training to ensure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. In performing the Work required herein,
Contractor shall not unlawfully discriminate in violation of any federal, state orlocal
law, rule or regulation against any person on the basis of race, color, religion,sex,
national origin or ancestry, age or disability.
21. Employment of Bona Fide Idaho Residents:
Contractor must comply with Idaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide Idaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. It has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
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 relief as
may be granted, to court costs and reasonable attorneys' fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. Construction and Severability:
If 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 of 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 of 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.
26. Entire Agreement:
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.
27. Assignment:
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 underthis
Agreement except upon the prior express written consent of City.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian 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 from the Tax Commission. Retainage of
five percent (5%) of the current contract value will be withheld from the final pay
application(s) until final completion has been met and releases from both the Idaho
Tax Commission and Surety have been received by the City.
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
In performing the scope of work required hereunder, Contractor shall complywith
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 Idaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of 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:
City: Contractor:
City of Meridian Cougar Excavation
Procurement Manager Attn: Colby Buffington
33 E Broadway Ave. P.O. Box 1306
Meridian, ID 83642 Meridian, ID 83680
208-489-0417 Phone: 208-860-4578
Email: colbybuffington@hotmail.com
Idaho Public Works License #: PWC-C-16438
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN: COUGAR EXCAVATION:
BY: BY: /
KEITH WATTS, Procurement Manger CoLbY ByPFINGTO
DATED: 2-21-2023 DATED:
Approved by Council Date: (if needed)
2-21-2023
Project Manager
Brent Blake
W. Idaho Water Main and NW 15t Street Sewer Main - Replacements
Project#11032.b
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID (BID NUMBER) ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid
Package # (PW-2311-11032.b), are by this reference made a part
hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the Idaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
Water Main Replacement Scope
The City intends to replace approximately 530 lineal feet of existing 6" water main with new 8"
water main located in W. Idaho Avenue from NW. 2nd Street to Meridian Road. Approximately
86 lineal feet of new 8" dry line water main was installed across the intersection of NW. 1st
Street and W. Idaho Ave. with the 2017 NW 1 st Street Sewer Project. The replacement water
main will connect to each end of this dry line. At the east end of the project, the new water main
will connect to an existing water main constructed as part of the Split Corridor-Phase 2 Project.
At the west end of the project, the new water main will connect to an existing 8" main located
in NW 2nd Street. Two existing fire hydrants will be reconnected and, if necessary, relocated
nearby. Of the fifteen properties immediately adjacent to the project, many have existing meters
in front of the sidewalk. These meters are intended to be relocated behind the existing sidewalks
and a new service installed from the new main to the relocated meter setters. The majority of
all work is anticipated to be in public right-of-way or existing easements. The city will assist in
coordinating with property owners to have water meters located on their property immediately
outside of the right-of-way.
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
Sewer Main Replacement Scope
The CITY intends to extend new collection sewers in NW 1st Street between (West Railroad
Street to West Broadway Avenue) and north of West Pine Avenue approximately 200 feet to
serve the Boys and Girls Club campus. Overall, new collection sewers will encompass
approximately 550 lineal feet. Approximately, 38 services will be re-routed of which 20 are new
services from the main. The remaining are connections to existing service stub-outs. Overall
the plan includes: 1) Homes fronting NW 1st Street from the Pine Avenue to Railroad Street
and including the Boys and Girls Club north of Pine Avenue, 2) Homes fronting the west side
of Meridian Road between Pine Avenue and Idaho Avenue as served from sewers in Idaho
Avenue or Pine Avenue, 3) Homes fronting Idaho Street one-half block west of NW 1 st Street
to Meridian Road. This allows the abandonment of the existing alleyway sewer located between
NW 1 st Avenue and Meridian Road from Pine Avenue to Idaho Avenue. This project conforms
to the CITY's overall objective of decommissioning existing alley sewers in the downtown area.
See separate attached documents:
• Sewer Main Replacement — NW 1 st Street
Specifications and Special Provisions (221 Pages)
• Sewer Main Replacement — NW 1 st Street Plans
(11 Pages)
• Water Main Replacement — W. Idaho Ave. Supplemental
Specifications & Special Provisions (102 Pages)
• Water Main Replacement — W. Idaho Ave. Plans
(7 Pages)
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $1 ,719,718.00.
MILESTONE DATES/SCHEDULE
Milestone 1 Substantial Completion (210) Days from Notice to Proceed
Milestone 2 Final Completion (240) Days from Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment and incidentals as required for the
PROJECT NAME Project per ITB BID #.
NOT-TO-EXCEED AMOUNT.............................................$1,719,718.00
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by city. The City will pay the contractor based on actual
quantities of each item of work in accordance with the contract documents.
Contract Pricing Schedule
Item No. Description Quantity Unit Unit
Price
BID SCHEDULE A— NW 1 st STREET SEWER MAIN REPLACEMENT
205.4.1.13.1 Dewatering 1 LS $5,000
304.4.1.13.1 Trench Foundation Stabilization Material 100 TN $50
306.4.1.D.1 Imported Trench Backfill 500 TN $40
307.4.1.F.1 Type"P-1"Surface Restoration(Asphalt Roadway-Sewer 720 LF $80
Main
308.4.1.C.1 PVC Casing Sleeve-Sewer Service 10 EA $2,000
501.4.1.13.1 Gravity Sewer-8"PVC 680 LF $220
501.4.1.C.1 PVCV Inspection(Pre/Post Construction)-Gravity Sewer-8" 1672 LF $4
502.4.1.A.1 Sanitary Sewer Manhole-48"Type A 8 EA $10,000
502.4.1.F.1 Connect to Existing Sewer or Manhole 4 EA $3,000
504.4.1.E.1 Sewer Service-4-inch 3130 LF $120
504.4.1.F.1 Sewer Service Home Interior Rerouting 6 EA $8,000
507.4.11.1 Sewer Service Investigations 16 EA $500
507.4.1.M.1 Pre-Abandonment CCTV and Investigations 2030 LF $4
507.4.1.N.1 Abandon Existing Sewer 2030 LF $10
507.4.1.0.1 Abandon Sanitary Sewer Manhole 5 EA $4,000
W. Idaho Water Main and NW 1It Street Sewer Main - Replacements
Project #11032.b
509.4.1.D.1 Abandon Sewer Service Connection(CIPP)at Sewer Main 5 EA $4,000
601.4.1.B.1 Irrigation/Storm Drain Crossing 20 EA $1,500
1103.4.1.A.1 Construction Traffic Control 1 LS $60,000
2010.4.1.A.1 Mobilization(5%Max.) 1 LS $40,000
SP-2105.4.1.A.1 Sewage By-Pass Systems 1 LS $15,000
SP-2216.4.1.A.1 Storm Water Management 1 LS $5,000
BID SCHEDULE B — NW 1st STREET SEWER MAIN REPLACEMENT
303.4.1.C.1 Ex lora ory Excavation 1 EA $3,500
307.4.1 .A.1 Miscellaneous Surface Restoration 1 LS $280,000
(Landscaping)
307.4.1 .D.1 Type "C" Surface Restoration (Gravel 42 LF $20
Roadway)
307.4.1.F.1 Main Line Type "P" Surface Restoration 580 LF $80
Asphalt Roadway)
307.4.1.F.5 Service Line Type "P" Surface 382 LF $80
Restoration (Asphalt Roadway)
401.4.1.A.1 Water Main Pipe - 8" 547 LF $130
401.4.1.A.1 Water Main Pipe - 6" 40 LF $200
402.4.1.A.1 Valve - Size 8" Gate Valve 4 EA $3,200
402.4.1.A.1 Valve - Size 6" Gate Valve 2 EA $2,800
403.4.1.A.1 Fire Hydrant 2 EA $10,000
404.4.1 .A.1 Water Service Connection -3/4" Meter - 15 EA $2,800
Single
405.4.1.A.1 Non-potable Water Main and Sewer Main 4 EA $5,000
Crossing
706.4.1.A.5 Standard 6" Vertical Curb and Gutter 37 LF $100
706.4.1.E.1 Concrete Sidewalks, 4' Wide, 4" Thick 5 LF $200
1103.4.1.A.1 Construction Traffic Control 1 LS $60,000
2010.4.1.A.1 Mobilization 1 LS $40,000
SP-2130.4.1 .A Connect to Existing Water Main 4 EA $3,000
SP-2165.4.1 .A.1 Abandon Existing Water Main 1 EA $5,000
SP-2216.4.1 .A.1 Stormwater Management 1 LS $5,000
SP-2220.4.1 .A.1 New Water Service Line 463 LF $100
W. Idaho Water Main and NW 1 st Street Sewer Main - Replacements
Project #11032.b
CONTRACT CHECKLIST
I. PROJECT INFORMATION
Date: 2/1/2023 REQUESTING DEPARTMENT Public Works
Project Name: W. IDAHO WATER MAIN AND NW 1ST STREET SEWER MAIN - REPLACEMENTS
Project Manager: Brent Blake Contract Amount: $1,719,718
Contractor/Consultant/Design Engineer: Cougar Excavation
Is this a change order? Yes ❑ No ❑ Change Order No.
II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type
Fund: 60 Budget Available(Purchasing attach report):
Department 3490-3590 Yes ❑✓ No ❑ Construction ❑�
GL Account 95000 FY Budget: 23 Task Order ❑
Project Number: 11032.b Enhancement: Yes ❑ No ❑ Professional Service ❑
Equipment ❑
Will the project cross fiscal years? Yes❑ No ❑ Grant ❑
IV. PROCUREMENT USE ONLY-GRANT INFORMATION(to be completed only on Grant funded projects)
Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded)
N/A N/A N/A N/A
Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach
V. BASIS OF AWARD
BID RFP/RFQ TASK ORDER
Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category
(Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved:
Typical Award Yes 0 No ❑
If no please state circumstances and conclusion:
Date Award Posted: 1/19/2023 7 day protest period ends: January 26,2023
VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION
PW License PWC-C-16438 Expiration Date: 2/28/2023 Corporation Status Active Good Standing
Insurance Certificates Received(Date): Expiration Date: Rating:
Payment and Performance Bonds Received(Date): Rating:
Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? N/A
(Only applicabale for projects above$1,000,000)
VII. TASK ORDER SELECTION (Project Manager to Complete)
Reason Consultant Selected ❑ 1 Performance on past projects
Check all that apply ❑ Quality of work ❑ On Budget
❑On Time ❑ Accuracy of Construction Est
❑ 2 Qualified Personnel
❑ 3 Availability of personnel
❑ 4 Local of personnel
Description of negotiation process and fee evaluation:
Enter Supervisor Name Date Approve
Vill. PROCUREMENT USE ONLY- AWARD INFORMATION
Date Submitted to Clerk for Agenda: February 14,2023 Approval Date February 21,2023 By: Council
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final