HomeMy WebLinkAboutMountain Companies, LLC Rail with Trail Construction AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
This Agreement is by and between The City of Meridian ("Owner") and Mountain Companies, LLC
("Contractor").
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary
Conditions.
Owner and Contractor hereby agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work
is generally described as follows: The construction of a 10-ft wide asphalt pathway with 2-foot
gravel shoulders. The construction of pedestrian ADA compliant ramps at the crossing of E
Broadway Ave. The construction of irrigation improvements involve; a concrete headwall,
irrigation structures, piping the Rutledge Lateral, and partial piping of the Nine-Mile Creek.
ARTICLE 2—PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: The City has a need for services involving the construction of a 10' wide multi-use
pathway to provide access to non-motorized or multi-modal users and will increase access
between communities. The project will construct a multi-use pathway between NW 3rd Street
and 891h Street South of Broadway Avenue. Project actions also include piping the Rutledge
Lateral within the project limits, and part of the Nine-Mile Creek.
2.02 This is a Davis Bacon project, funded by Transportation Alternatives Program (TAP) from Federal
Highways (FHWA) and administered by the Local Highway Technical Assistance Council (LHTAC).
Federal testing, compliance, and environmental requirements must be followed.
2.03 Compliance with Laws:
In performing the scope of work required hereunder, the Contractor must comply with all
applicable laws, ordinances, and codes of Federal, State, and local governments. This
agreement will 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.
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ARTICLE 3—ENGINEER
3.01 The Owner has retained Keller Associates ("Engineer")to act as Owner's representative, assume
all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer
in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by"Engineer".
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Time
A. Refer to the ITD Special Provisions for Contract Time details.
4.04 Milestones
A. Parts of the Work must be substantially completed on or before the following Milestone(s):
1. Milestone 1: Substantial Completion July 15`", 2026
4.05 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the Contract Times, as duly modified. The parties also
recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration
proceeding, the actual loss suffered by Owner if the Work is not completed on time.
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as
liquidated damages for delay (but not as a penalty):
1. Substantial Completion: Contractor shall pay Owner$250 for each day that expires after
the time (as duly adjusted pursuant to the Contract) specified above for Substantial
Completion, until the Work is substantially complete.
2. Completion of Remaining Work:After Substantial Completion, if Contractor shall neglect,
refuse,or fail to complete the remaining Work within the Contract Times(as duly adjusted
pursuant to the Contract)for completion and readiness for final payment,Contractor shall
pay Owner $250 for each day that expires after such time until the Work is completed
and ready for final payment.
4. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and
final completion are not additive, and will not be imposed concurrently.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such
liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is
precluded from recovering any other damages, whether actual, direct, excess, or
consequential,for such delay,except for special damages(if any)specified in this Agreement.
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4.06 Special Damages
A. Contractor shall reimburse Owner(1)for any fines or penalties imposed on Owner as a direct
result of the Contractor's failure to attain Substantial Completion according to the Contract
Times,and (2)for the actual costs reasonably incurred by Owner for engineering,construction
observation, inspection, and administrative services needed after the time specified in
Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until
the Work is substantially complete.
B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to
complete the remaining Work within the Contract Times, Contractor shall reimburse Owner
for the actual costs reasonably incurred by Owner for engineering, construction observation,
inspection, and administrative services needed after the time specified in Paragraph 4.02 for
Work to be completed and ready for final payment (as duly adjusted pursuant to the
Contract), until the Work is completed and ready for final payment.
C. The special damages imposed in this paragraph are supplemental to any liquidated damages
for delayed completion established in this Agreement.
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents,the amounts that follow, subject to adjustment under the Contract:
B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the
actual quantity of that item).
Unit Price Work
Item Estimated Unit Extended
No. Description Unit
Quantity Price Price
202-005A SELECTIVE REM OF TREES INCLUDING EACH 10 $1,200 $12,000.00
STU M PS
203-003A REMOVAL OF OBSTRUCTIONS—RCP, FT 163 $40 $6,520.00
IRRIGATION
203-060A REMOVAL OF CONCRETE SIDEWALK SY 12 $14 $168.00
203-070A REMOVAL OF CURB&GUTTER FT 48 $5 $240.00
203-080A REMOVAL OF GUARDRAIL FT 19 $75 $1,425.00
203-122A REMOVAL OF MISCELLANEOUS ITEMS— EACH 1 $3,500 $3,500.00
IRRIGATION BOX
203-122B REMOVAL OF MISCELLANEOUS ITEMS— EACH 1 $2,000 $2,000.00
CONCRETE HEADGATE
205-005A EXCAVATION CY 720 $26 $18,720.00
205-030A BORROW CY 1417 $28 $39,676.00
205-060A WATER FOR DUST ABATEMENT MG 50 $1 $50.00
212-011A FIBER WATTLE FT 4119 $7 $28,833.00
212-060A STABILIZED CONSTRUCTION ENTRANCE EACH 2 $4,500 $9,000.00
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Unit Price Work
Item Estimated Unit Extended
No. Description Unit
Quantity Price Price
212-105A WATER AND POLLUTION CA 2000 $1 $2000.00
301-005A GRANULAR SUBBASE TON 1340 $24 $32,160.00
405-240A MISCELLANEOUS PAVEMENT SY 17 $60 $1,020.00
604-025A 12" IRRIGATION PIPE—RCP FT 22 $200 $4,400.00
604-035A 18" IRRIGATION PIPE—RCP FT 21 $220 $4,620.00
604-065A 36" IRRIGATION PIPE—RCP FT 1591 $202 $321,382.00
604-105A 60" IRRIGATION PIPE—RCP FT 207 $550 $113,850.00
605-455A MANHOLE TYPE A—SIZE 48" EACH 1 $5,000 $ 5,000.00
609-025A MINOR STR—IRRIGATION BOX,SIZE EACH 4 $13,000 $52,000.00
5'X5'
609-025B MINOR STIR—IRRIGATION BOX,SIZE EACH 1 $22,000 $22,000.00
15'X5'
609-025C MINOR STIR—IRRIGATION BOX,SIZE EACH 1 $19,000 $19,000.00
8'X8'
609-025D MINOR STIR—IRRIGATION STEEL GRATE EACH 1 $2,500 $2,500.00
609-025E MINOR STIR—IRRIGATION BOX,SIZE EACH 1 $18,000 $18,000.00
614-015A SIDEWALK SY 115 $36 $4,140.00
614-025A CURB RAMP—PERPENDICULAR SY 13 $107 $1,391.00
614-025B CURBRAMP—PARALLEL SY 14 $107 $1,498.00
615-490A CURB&GUTTER—ROLLED FT 47 $30 $1,410.00
616-010A SIGN TYPE B-1 SF 25 $25 $625.00
616-040J STEEL SIGNPOST E-1 FT 40 $45 $1,800.00
626-010A TEMPORARY TRAFFIC CONTROL SIGNS SF 85 $5 $425.00
626-035A BARRICADE TYPE 2 EACH 2 $120 $240.00
626-050A DRUMS EACH 20 $28 $560.00
630-010A T,W,S,A PAVEMENT MARKINGS— SF 162 $14 $2,268.00
PREFORMED THERMOPLASTIC
5637-10A AGGREGATE BASE FOR SHARED-USE TON 684 $32 $21,888.00
PATH
S637-15A PLANT MIX FOR SHARED-USE PATH TON 364 $115 $41,860.00
5900-50A CONTINGENCY AMOUNT— CA 5000 $11 $5,000.00
MISCELLANEOUS WORK
5901-05A SSPDX CONNECT TO EXISTING IRRIGATION EACH 2 $5,000 $10,000.00
5901-05B SP CONCRETE HEADWALL EACH 1 $25,000 $25,000.00
5901-05C SP 12" CANAL GATE (C-10) EACH 1 $2,000 $2,000.00
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Unit Price Work
Item Estimated Unit Extended
No. Description Unit
Quantity Price Price
S901-05D SP DETECTABLE WARNING DOMES EACH 1 $1,500 $1,500.00
S901-05E SP PERMANENT BARRICADE EACH 1 $600 $600.00
S904-05A SP DRAIN BYPASS AND DEWATERING LS 1 $15,000 $15,000.00
Z629-05A MOBILIZATION LS 1 $92,000 $92,000.00
Total of all Extended Prices for Unit Price Work (subject to final adjustment
based on actual quantities) $949,269.00
The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are
based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer.
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions.Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor's Applications for Payment
on or about the 5th day of each month during performance of the Work as provided in
Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted
in a timely manner and otherwise meet the requirements of the Contract. All such payments
will be measured by the Schedule of Values established as provided in the General Conditions
(and in the case of Unit Price Work based on the number of units completed) or, in the event
there is no Schedule of Values, as provided elsewhere in the Contract.
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 Owner may withhold, including but not limited
to liquidated damages, in accordance with the Contract.
a. 95 percent of the value of the Work completed (with the balance being retainage).
1) If 50 percent or more of the Work has been completed, as determined by
Engineer, and if the character and progress of the Work have been satisfactory to
Owner and Engineer, then as long as the character and progress of the Work
remain satisfactory to Owner and Engineer,there will be no additional retainage;
and
b. 95 percent of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).
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B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of
Engineer's estimate of the value of Work to be completed or corrected as shown on the punch
list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion
or any other time, unless Contractor submits written consent of the surety to such payment,
return, or release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate of 6.0 percent per annum.
ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual (copy of list
attached).
6. Drawings listed on the attached sheet index.
8. Addenda 1, inclusive).
9. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except
as expressly noted otherwise above).
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C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the Contract.
ARTICLE 8—REPRESENTATIONS,CERTIFICATIONS,AND STIPULATIONS
8.01 Contractor's Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents, including
Addenda.
2. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
3. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site;the Contract Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information,observations,and Technical Data on (a)the cost, progress,and
performance of the Work; (b)the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor; and (c) Contractor's safety
precautions and programs.
4. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price,
within the Contract Times, and in accordance with the other terms and conditions of the
Contract.
5. Contractor is aware of the general nature of work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Contract Documents.
6. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
7. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
8. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
9. The Contractor is an appropriately licensed public works contractor per Idaho Cod Section
54-1902.
10. Contractor shall comply with all Laws and Regulations applicable to the performance of
the Work. Except where otherwise expressly required by applicable Laws and
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Regulations, neither Owner nor Engineer shall be responsible for monitoring the
Contractor's compliance with any Laws or Regulations.
8.02 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this
Paragraph 8.02:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process or in the Contract
execution.
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of Owner,
(b)to establish Bid or Contract prices at artificial non-competitive levels, or(c)to deprive
Owner of the benefits of free and open competition.
3. "collusive practice" means a scheme or arrangement between two or more Bidders, with
or without the knowledge of Owner, a purpose of which is to establish Bid prices at
artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
B. Contractor certifies that it is not currently engaged in and will not, for the duration of this
Agreement,engage in a boycott of goods or services from Israel or territories under its control
pursuant to Idaho Code Section 67-2346. The provisions of this statute do not apply to
contracts less than one hundred thousand dollars ($100,000) or to contractors with fewer
than ten (10) employees.
C. Pursuant to Idaho Code 67-2359 and 67-2346, Contractor hereby certifies:
1. The 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.
2. The 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.
3. The Contractor is not currently engaged in, and will not for the duration of the contract
engage in a boycott of any individual or company because the company engages in or
supports the exploration, production, utilization,transportation,sale,ore manufacture of
fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or
agriculture; or Engages in or supports the manufacture, distribution, sale, or use of
firearms, as defined in section 18-3302(2)(d), Idaho Code.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
ISPWC Division 100, Standard General Conditions for the Construction Contract, published by
the Engineers Joint Contract Documents Committee, and if Owner is the party that has
furnished said General Conditions, then Owner has plainly shown all modifications to the
standard wording of such published document to the Contractor, through a process such as
highlighting or"track changes" (redline/strikeout), or in the Supplementary Conditions.
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IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on December 2, 2025 (which is the Effective Date of the Contract).
Guidance Notes—Signing and Dating Agreement:
1. See Article 20 of the Instructions to Bidders and correlate procedures for format and signing of the
documents.
2. The Effective Date of the Contract stated above and the dates of any construction performance bond
ISPWC 00610 (€165C-1 6619, Performance Bond ('� or other) and construction payment bond
(ISPWC 00615 €165C' 6 61-57 Payment Bond "� or other) should be the same, if possible. In no
case should the date of any bonds be earlier than the Effective Date of the Contract.
Owner: Contractor:
City of Meridian Mountain Companies, LLC
(typed or printed name of organization) (typed or printed name of organization)
By: By:
(individual's signature) (individual's signature)
Date: Date:
(date signed) (date signed)
Name: Keith Watts Name: Jessee Rosin
(typed or printed) (typed or printed)
Title: Procurement Manager Title: Owner
(typed or printed) (typed or printed)
(If[Type of Entity]is a corporation,a partnership,or a
joint venture,attach evidence of authority to sign.)
Attest: Attest:
(individual's signature) (individual's signature)
Title: Title:
(typed or printed) (typed or printed)
Address for giving notices: Address for giving notices:
City of Meridian Mo
33 East Broadway Ave., Ste 106 P.O. Box 191285
Meridian, ID 83642 Boise, ID 83719
Designated Representative: Designated Representative:
Name: Kimberly Warren Name: Kevin Seely
(typed or printed) (typed or printed)
Title: Pathways Project Manager Title: Financial Manager
(typed or printed) (typed or printed)
Address: Address:
City of Meridian, Parks& Recreation Mountain Companies, LLC
33 East Broadway,Ave., Ste. 206 839 E. Fairview Ave., Ste. 100
Meridian, ID 83642 Meridian ID, 83642
Phone: 208-489-0553 Phone: 208-861-1699
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Email: kwarren@meridaincity.org Email: kevin@mtncompanies.com
(If[Type of Entity]is a corporation,attach evidence of
authority to sign.If[Type of Entity]is a public body, License NO.: 053533
attach evidence of authority to sign and resolution or (where applicable)
other documents authorizing execution of this State: ID
Agreement.)
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