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Home My WebLink AboutStandard Form of Agreement with Cascade Pipeline Corporation for Water Main Installation 2006 10-17 \ .!- , " \~ <", ! I i \ r \ , 1 [ . I ~ " STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the -2 ~day of Oeqz,,!?~ in the year 200~ by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and " CA-te-;f-tlL fl//EL-/A/t:. Cd,r(..;~(//'./ " (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 WORK is generally described as follows: Construction of approximately 30 LF of 6"0 PVC water main, 599 LF of 8"0 PVC water main, 79 LF of 10"0 PVC water main, 490 LF of 12"0 PVC water main, 1,162 LF of 8"0 PVC sanitary sewer main, miscellaneous valves, fittings, appurtenances. and surface restoration. The Project for which the Work under the Contract Documents is described as follows: Water and Sewer Improvements to be Constructed in Conjunction with the Idaho Transportation Department Locust Grove Grade Separation. Project No. IM- STP-84-I(047)45, Key No. 8048 Article 2. ENGINEER The Project has been designed by Civil Survey Consultants, Inc. who is 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 connection with completion of the Work in accordance with the Contract Qocuments. Article 3. CONTRACT TIME. 3.1. The Work will be completed within sixty (60) days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. . 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Fifty dollars ($250.00) for each day that expires after the time specified in STANDARD FORMS SF-1 :;; 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 Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required~ Article 4. CONTRACT PRICE. (' \ 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: ~'7 / Z / I dJ ~. 6 0' Article 5. PAYMENT PROCEDURES. i , , r. - ( 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. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Arplications for Payment as recommended by ENGINEER, on or about the 25t day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in paragraph 4.1 and in the case of Unit Price Work, based on the number of units completed. r-- i ,- 5.1.1. 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, shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. ;' , -, I . i . 100% of work completed, less percentage of retainage indicated in the Supplemental Conditions. . 100% of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total r payments to CONTRACTOR to 100% of the Contract Price, less such amounts i as ENGINEER shall determine, or OWNER may withhold, in accordance with \ " paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. STANDARD FORMS SF-2 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 Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the 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. I 7.2. CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determinatbn set forth in Article 4 of the Supplemental Conditions of the extent of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply. r I I. I r f I, 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or phYSical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of 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 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. 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 4.3 of the General Conditions. .7.5. 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. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER. is acceptable to CONTRACTOR. STANDARD FORMS SF-3 ,. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR conceming the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State of Idaho Tax Reporting -Requirements t 8.8 Suppler:nental General Conditions. 8.9 Special Provisions. l. , 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 8.13 Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. ( ( . I I 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following yvhich may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Articles 11 and 12 of the General Conditions. 8.18 The documents listed in paragraph 8.2. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other tha~ those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Articles 11 and 12 of the General Conditions. STANDARD FORMS SF-4 [' ( i JI- e r r . ! i... Article 9. MISCEllANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated ~n the General Conditions. 9.2. No assignment by a party hereto of any rights under or interest in the Contract Documents 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. 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 ~nd obl.igations contained in the Contract Documents. STANDARD FORMS SF-5 Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Pq~.H 1t~-<-- By: Name: EAL] -::;. - - -'. r" r ......... \.J Atte Wjjh . Rerg; Jr. '"III.,llltT'l. Address for givIng notices 33 East Idaho Ave. Meridian, 10 83642 '1~ -:r.6 .g311~O Public Works License No. /_~-7'7 /- A4-4 - 1- 2--- * (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) I ,il I' I I I i I I . .1 STANDARD FORMS SF-6