HomeMy WebLinkAboutGentry Civil Corp. Sewer Main Replacement E. Williams St. to N. Meridian Rd. (::�
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DIAN:---
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Darren Brasseur, Procurement Division Meeting Date: May 6, 2025
Presenter: Consent Estimated Time: N/A
Topic: Approval of Construction Contract to Gentry Civil Corp. for E.Williams St. - N.
Meridian Rd.to NE 3rd St. - Sewer Main Replacement for the Not-To-Exceed Amount
of$426,542.00
Recommended Council Action:
Approval of Construction Contract to Gentery Civil Corp. for E. Williams St. - N. Meridian Rd. to NE
3rd St. - Sewer Main replacement and authorize the Procurement Manager to sign and to issue the
resulting purchase order.
Background:
• This Construction Contract is the result of Formal Bid# PW-2522-11072.b that closed at 2:30
PM on Thursday 4/10/2025. Three (3) bids were received.
CONTRACT CHECKLIST
I. PROJECT INFORMATION
Date: 4/18/2025 REQUESTING DEPARTMENT Public Works
Project Name: E.Williams St.-N.Meridian Rd.to NE 3rd St.-Sewer Main Replacement
Project Manager: Jared Hale Contract Amount: $426,542.00
Contractor/Consultant/Design Engineer: CIVII Survey Consultants, Inc.
Is this a change order? yes ❑ No ❑� Change Order No.
II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type
Fund: 65 Budget Available(Purchasing attach report):
Department 3590 Yes 0 No ❑ Construction 0
GL Account 95000 FY Budget: 2025 Task Order ❑
Project Number: 11072.b Enhancement: Yes ❑ No 0 Professional Service ❑
Supplies or Equipment ❑
Will the project cross fiscal years? Yes❑ No Grant ❑
IV. 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 ❑✓ No ❑
If no please state circumstances and conclusion:
Date Award Posted: April 11,2025 7 day protest period ends: April 18,2025
VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION
PW License 059521 Expiration Date: 4/30/2025 Corporation Status Active
Insurance Certificates Received(Date): 4/16/2025 Expiration Date: 11/1/2025 Rating: A+
Payment and Performance Bonds Received(Date): 4/17/2025 Rating: 100%
Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased?
(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. AWARD INFORMATION
Date Submitted to Clerk for Agenda: April 18,2025 Approval Date May 6,2025 By: City Council
Purchase Order NO.: TBD Date Issued: TBD WH5 submitted TBD
(Only for PW Construction Projects)
NTP Date: TBD
Contract Request Checklist.5.24.2016.Final
E IDIAN:---
BID RESULTS
BID NAME: E.WILLIAMS ST.-N.MERIDIAN RD.TO NE 3RD ST.-SEWER MAIN REPLACEMENT
BID NUMBER: PW-2522-11072.b
DUE DATE&TIME: 4/10/2025,2:30 PM MDT
Cougar Excavation Gentry Civil Corp Idaho Site Works
Total Cost $523,370.0 $426,542.0 $584,618.0
Selected# 0 24 0
# Items Selected Lowest Quantity Unit UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost
Required
1 Dewatering $26,700.0 $2 1 LS $2 $2 $26,700.0 $26,700.0 $70,000.0 $70,000.0
2 Imported Trench Backfill Type A(PreApproval Required) $2,360.0 $520 20 TON $26 $520 $118 $2,360.0 $35 $700
3 Type C Surface Restoration $2,790.0 $1,800.0 45 SY $40 $1,800.0 $62 $2,790.0 $315 $14,175.0
4 Type P Surface Restoration $31,968.0 $31,968.0 864 SY $76 $65,664.0 $37 $31,968.0 $85 $73,440.0
5 8"PVC,ASTM D3034,Sanitary Sewer Pipe $58,950.0 $58,950.0 655 LF $170 $111,350.0 $90 $58,950.0 $115 $75,325.0
6 8"PVC,AWWA C900,DR25,Water Class Sanitary Sewer Pipe $3,960.0 $3,960.0 66 LF $190 $12,540.0 $60 $3,960.0 $98 $6,468.0
7 48"Standard Sanitary Sewer Manhole,Type A $27,000.0 $27,000.0 6 EA $7,600.0 $45,600.0 $4,500.0 $27,000.0 $6,500.0 $39,000.0
8 Connect to Existing Sewer Manhole $2,215.0 $2,150.0 1 EA $3,000.0 $3,000.0 $2,215.0 $2,215.0 $2,150.0 $2,150.0
9 8"T-Type Cleanout Per Meridian SD-S1 $2,300.0 $1,800.0 1 EA $1,800.0 $1,800.0 $2,300.0 $2,300.0 $2,000.0 $2,000.0
10 4"Sewer Service Cleanout $11,970.0 $8,778.0 19 EA $462 $8,778.0 $630 $11,970.0 $1,250.0 $23,750.0
11 4"PVC,ASTM D3034,DR35,Sewer Service Pipe $81,640.0 $39,250.0 785 LF $160 $125,600.0 j $104 $81,640.0 $50 $39,250.0
12 4"Sewer Service Connection to Main $12,250.0 $3,500.0 7 EA $500 $3,500.0 $1,750.0 $12,250.0 $900 $6,300.0
13 Sewage Bypass System $9,095.0 $9,095.0 1 LS $12,000.0 $12,000.0 $9,095.0 $9,095.0 $65,000.0 $65,000.0
14 Concrete Repair $3,024.0 $2,400.0 24 SY $100 $2,400.0 $126 $3,024.0 $365 $8,760.0
15 Sediment Control $4,000.0 $2,200.0 1 LS $6,000.0 $6,000.0 $4,000.0 $4,000.0 $2,200.0 $2,200.0
16 Straw Wattle $240 $240 60 LF $4 $240 j $4 $240 j $6 $360
17 Inlet Protection $1,855.0 $525 7 EA $200 $1,400.0 $265 $1,855.0 $75 $525
18 Construction Traffic Control $26,250.0 $23,500.0 1 LS $30,000.0 $30,000.0 $26,250.0 $26,250.0 $23,500.0 $23,500.0
19 Mobilization $75,000.0 $24,900.0 1 LS $24,900.0 $24,900.0 $75,000.0 $75,000.0 $91,500.0 $91,500.0
20 Abandon Existing Sewer Main $5,200.0 $1,400.0 4 EA $1,200.0 $4,800.0 $1,300.0 $5,200.0 $350 $1,400.0
21 CCTV Existing Service Line $3,600.0 $1,800.0 3 EA $600 $1,800.0 $1,200.0 $3,600.0 $1,675.0 $5,025.0
22 Bore Sewer Service Line in to Avoid Tree Roots $21,500.0 $19,700.0 2 EA $17,600.0 $35,200.0 $10,750.0 $21,500.0 $9,850.0 $19,700.0
23 Coat Inside of Sewer Manhole With Protective Liner $9,975.0 $9,975.0 1 EA $16,476.0 $16,476.0 $9,975.0 $9,975.0 $10,975.0 $10,975.0
24 Repair Crack in Concrete Sewer Main at Service Connection $2,700.0 $2,700.0 1 EA $8,000.0 $8,000.0 $2,700.0 $2,700.0 $3,115.0 $3,115.0
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
E. WILLIAMS ST. - N. MERIDIAN RD. TO NE 3RD ST. -SEWER MAIN REPLACEMENT
PROJECT # 11072.b
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 11th Day
of April, 2025, 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, Gentry Civil Corp.,
hereinafter referred to as "Contractor", whose business address is 2536 W.
Success Way, Emmett, ID 83617 and whose Public Works Contractor License # is
PWC-C-059521.
INTRODUCTION
WHEREAS, the City has a need for services involving E. Williams St.
- N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement; and
WHEREAS, the Contractor is specially trained, experienced and
competentto 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 anysuch work
is copyrightable, the Contractor may copyright the same, except that, asto 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, orany
part thereof, and to authorize others to do so.
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
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
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$426,542.
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 Exhibits A or 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.
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
3.3 Should City fail to timely remit payment to Contractor as provided in Section
28, 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 time period in the amount of $500
(Five 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 (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 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.
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
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
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 pliability 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.
6.1 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.
6.2 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 & 54-1902.
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'selected
officials, officers, employees, agents, and volunteers from and for any and all losses,
claims, actions, judgments for damages, or injury to persons or propertyand losses
and expenses and other costs including litigation costs and attorney'sfees, arising
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
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 minimumamounts as follow: General Liability
One Million Dollars ($1,000,000) per incidentor occurrence, Automobile Liability
Insurance One Million Dollars ($1,000,000)perincident 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 PurchasingAgent 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 Cityor
the City's elected officers, officials, employees and volunteers shall be excess ofthe
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.
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Project# 11072.b
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.
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
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
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: httD://www.meridianCity.org/environmental.asDx?id=13618.
Contractor shall retain all stormwater and erosion control documentation generated
m 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 asthe
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.
18. Audits and Inspections:
At any time during normal business hours and as often as the City may deem
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072,b
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 or
local 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 as
employees on any job under any such contract except where under such contracts
fifty (50) or less persons are employed, the Contractor may employ ten percent
(10%) nonresidents, provided, however, in all cases employers must give
preference to the employment of bona fide residents in the performance of said
work.
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
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
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.
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
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
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 comply Vball
applicable laws, ordinances, and codes of Federal, State, and localgovernments.
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.
Certifications.
Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies:
A. That Contractor is not currently owned or operated by the government
of China and will not, for the duration of this Contract, be owned or
operated by the government of China.
B. That Contractor is not currently engaged in, and will not for the duration
of the Contract engage in, a boycott of goods or services from Israel or
territories under its control.
C. Contractor certifies that: (i) as of the Effective Date, it is not engaged
in a "Boycott," as defined in Idaho Code §67-2347A, of any individual
or company because that individual or company engages in or
supports (a) the exploration, production, utilization, transportation,
sale, or manufacture of fossil fuel-based energy, timber, minerals,
hydroelectric power, nuclear energy, or agriculture, or (b) the
manufacture, distribution, sale, or use of any "Firearm," as defined in
Idaho Code §18-3302(2)(d); and (ii) it will not engage in any such boycott
during the Term.
32. 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:
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
CITY: CONTRACTOR:
City of Meridian Gentry Civil Corp.
Procurement Manager Attn: Garrett Gentry
33 E Broadway Ave. Address: 2536 W. Success Way
Meridian, ID 83642 Emmett, ID 83614
208-489-0417 Phone: 208-817-1164
Email: garrett@gentrycivilcorp.com
Public Works Contractor
License#: PWC-C-059521
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.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN: GENTRY CIVIL CORP.:
BY: _ BY:
KEITH WATTS, Procurement Manger G ' RETT GE T, President
DATED: DATED:_"lI L? 5
Approved by Council Date: (if needed)
5-6-2025
Project Manager:
Jared Hale
E. Williams St, - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID (PW-2522-11072.b) ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid
Package # (PW-2522-11072.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 current
version of the City of Meridian Supplemental Specifications to the ISPWC
(and any Addendums).
See the following separate attached documents:
• Document 5 - Special Provisions For E. Williams St.
- N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement (43 Pgs.).
• Document 6 - Drawings—Plans For E. Williams St.
- N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement (7 Pgs.).
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
EXHIBIT B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Contract shall not exceed $426,542.
MILESTONE DATES/SCHEDULE
Milestone 1 Substantial Completion 60 Days From Date of NTP
Milestone 2 Final Completion 90 Days From Date of NTP
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment and incidentals as required for
E. Williams St. - N. Meridian Rd, to NE 3rd St. - Sewer Main Replacement per ITB BID#
PW-2522-11072.b.
NOT-TO-EXCEED AMOUNT.............................................$426,542
I
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 Quantity
No. Description Required Unit Unit Price Total Cost
1 Dewatering 1 LS i $26,700.00 $26,700.00
2 Imported Trench Backfill Type A 20 TON $118.00 $2,360.00 1
(PreApproval Required)
3 Type C Surface Restoration 45 SY $62.00 $2,790.00 E
4 Type P Surface Restoration 864 SY I $37.00 $31,968.00 i
5 8" PVC, ASTM D3034, Sanitary Sewer Pipe 655 LF F$90.00 $58,950.00
6 8" PVC, AWWA C900, DR25, 66 LF $60.00 $3,960.00
Water Class Sanitary Sewer Pipe
7 148" Standard Sanitary Sewer Manhole, Type A 6 EA $4,500.00 $27,000.00
8 Connect to Existing Sewer Manhole 1 EA $2,215.00 $2,215.00
9 8" T-Type Cleanout Per Meridian SD-S1 1 EA $2,300.00 $2,300.00
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
10 4" Sewer Service Cleanout 19 EA $630.00 $11,970.00
11 4" PVC, ASTM D3034, DR35, 785 LF $104.00 $81,640.00
Sewer Service Pipe
12 4" Sewer Service Connection to Main 7 EA $1,750.00 $12,250.00
13 Sewage Bypass System 1 LS $9,095.00 $9,095.00
14 Concrete Repair 24 SY $126.00 $3,024.00
15 Sediment Control 1 LS $4,000.00 $4,000.00
16 Straw Wattle 60 LF $4.00 $240.00
17 Inlet Protection 7 EA 1 $265.00 $1,855.00
18 Construction Traffic Control 1 LS $26,250.00 $26,250.00
19 Mobilization 1 LS $75,000.00 $75,000.00
20 Abandon Existing Sewer Main { 4 EA $1,300.00 $5,200.00
21 CCTV Existing Service Line ` 3 EA $1,200.00 $3,600.00
22 Bore Sewer Service Line in to Avoid Tree Roots 2 EA $10,750.00 $21,500.00
23 Coat Inside of Sewer Manhole ? 1 EA $9,975.00 $9,975.00
With Protective Liner
24 Repair Crack in Concrete Sewer 1 EA $2,700.00 $2,700.00
Main at Service Connection
E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement
Project# 11072.b
Mayor Robert E. Simison
City Council Members:
E IDIAN Luke r President
Liz Strailerrader,Vice President
Brian Whitlock
Doug Taylor
John Overton
Anne Little Roberts
CONDITIONAL NOTICE OF AWARD
April 11, 2025
Gentry Civil Corp.
Attn: Garrett Gentry
2536 W. Success Way
Emmett, iD 83617
RE: AWARD OF BID - E. Williams St. - N. Meridian Rd. to
NE 3rd St. - Sewer Main Replacement
Dear Garrett:
The City of Meridian is issuing this Conditional Notice of Award for the above-named project
located in Meridian, ID.
Please sign and return the attached Construction Contract along with also providing the
following required document within (7) days or sooner from the date of this notice:
1. Required Payment and Performance Bonds.
2. W-9.
3. Completed ACH Form.
4. Required properly endorsed updated Certificate of Liability Insurance for Commercial
General, Automobile, Umbrella, Workers Compensation, and Rented/Leased
Equipment with the City of Meridian and the Project Name/No. also listed in the boxed
area titled "Description of Operations / Locations /Vehicles".
After receiving the signed Construction Contract including the above required documents
from you by 4/18/2025, the Executed Construction Contract will be provided to you
afterwards.
After your receipt of the Executed Construction Contract, please contact the City Project
Manager, Jared Hale at 208-489-0370 for Notice-To-Proceed and Pre-Construction
instructions.
Please feel free to contact me if you have any questions.
Sincerely,
'barrm 8rasfur
Darren Brasseur
Buyer
Procurement Division ■ 33 E. Broadway Avenue Ste. 106 Meridian, ID 83642
Phone 208-489-0416 ■ Fax 208-887-4813 ■ www.meridiancity.org