HomeMy WebLinkAboutAlloway Electric Co, Inc. Streetlights McMillan to Chinden LED Project #11235 Public Works Construction CONTRACT FOR PUBLIC WORKS CONSTRUCTION
STREETLIGHTS-LINDER ROAD-
MCMILLAN TO CHINDEN (LED UPGRADES)
PROJECT # 11235
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 11th day of
July, 2023, and entered into by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue,
Meridian, Idaho 83642, Alloway Electric Co., Inc. hereinafter referred to as "CONTRACTOR", whose
business address is 502 E. 45th Street, Boise, ID 83714 and whose Public Works Contractor License#
is PWC-C-12494.
INTRODUCTION
WHEREAS, the City has a need for LED Upgrades of Streetlights-Linder Road-
McMillan to Chinden per established plans and specifications; 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.
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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 $240,020.55.
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.
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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 60 (sixty) calendar days
from Notice to Proceed. This project shall be considered Substantially Complete
when the Owner has full and unrestricted use and benefitof 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 timeperiod in the amount of$300.00
(three hundred dollars) per calendar day. Suchpayment shall be construed to be
liquidated damages by the Contractor in lieu ofany 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 90 (ninety) calendar
days to complete the work as described herein. Contractor shall beliable to the
City for any delay beyond this time period in the amount of $500.00 (five-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. See Milestones listed in the Payment Schedule
for Substantial Completion.
5. Termination:
5.1 If,through anycause,Contractor,its officers,employees,oragents 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.
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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.
9. Indemnification and Insurance:
9.1 Contractor shall indemnify and save and hold harmless City and it's
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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
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.
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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
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.
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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.
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 aCourt of
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competent jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeitureof 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 Pay Application/Invoice
against the Milestone/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 willapprove the pay request for processing. City of Meridian payment
terms are Net 30from 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 IdahoTax
Commission and Surety have been received by the City.
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
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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 Alloway Electric Co., Inc.
Procurement Manager Attn: Joe Deaver
33 E Broadway Ave. 502 E. 45th Street
Meridian, ID 83642 Boise, ID 83714
208-489-0417 Phone: 208-921-6906
Email: joe@allowayelectric.com
Idaho Public Works License #: PWC-C-12494
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.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
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CITY OF MERIDIAN: ALLOWAY ELECTRIC CO., INC.:
BY: BY: Z-1DO ik - '-,
KEITH WATTS, Procurement Manger DEAV R, Operations Manager
DATED: 7-18-2023 Z Co —Zs vs
DATED: �
Project Manager:
Micah Bandurraga
Approved by Council: 7-18-2023
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EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID (BID NUMBER) ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid
Package # (BID NUMBER), 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).
See separate attached documents:
• 5 - Drawings—Plans for Streetlights-Linder Road
McMillan to Chinden (LED Upgrades).
• 6 - Specifications for Streetlights-Linder Road-
McMillan to Chinden (LED Upgrades).
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EXHIBIT B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $240,020.55.
MILESTONE DATES/SCHEDULE
Milestone 1 Substantial Completion (60) Days from Notice to Proceed
Milestone 2 Final Completion (90) Days from Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment and incidentals as required for the
Streetlights-Linder Road-McMillan to Chinden (LED Upgrades).
NOT-TO-EXCEED AMOUNT.............................................$240,020.55
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 I Quantity Unit Unit Price
I Installation/Replacement of Streetlights-Linder 1 LS $240,020.55
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a. Install 35' Pole with 12' Mast Arm and LED
Fixture= Qty 12.
b. Install Junction Boxes = Qty 22.
c. Install 30' Davit Pole= Qty 10.
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