HomeMy WebLinkAboutStandard Form of Agreement with H2 Excavation for N. Black Cat Pressure Sewer
City of Meridian
Public Works Dept.
Memo
RECEIVED
AUG 0 6 2007
C~ty Of Meridian
CIty Clerk Office
To: Will Berg; Tara Green
From: Max Jensen, Engineering Technician
CC: Len Grady, P.E., City Engineer
Clint Dolsby, P.E., Staff Engineer
Date: 8/07/2007
Re: Proposed Agenda Item for August 14, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
August 14, 2007 City Council agenda, under Consent Agenda, for Council's consideration:
North Black Cat Pressure Sewer (Construction)
Attached is a Standard Form of Agreement with H2 Excavation, LLC for the construction of
approximately 5,147 lineal feet of dual 10"/16" pressure sewers from the proposed North
Black Cat Lift Station to the Wastewater Treatment Plant. The contract is for $398,376.00.
Recommended Council Action: The Public Works Department recommends
that City Council approves the Standard Form of Agreement with H2
Excavation, llC for the construction of the North Black Cat Pressure Sewer.
Thank you for your consideration. I will forward original documents for signatures upon
review. Please contact me if you have any questions.
From the desk of...
Max Jell5en
Engineering T echnidan
Meridian Public Works Department
660 E. Walertower, Suite 200
Meridian, Idaho 83642
Phone: (208) 898-5500
Fax: (208) 698-9551
jensenm@meridiandty.org
. Page 1
FORM 00500
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Taken From
2007 ISPWC
For the
CITY OF MERIDIAN
NORTH BLACK CAT PRESSURE SEWER
ADA COUNTY, IDAHO
CITY OF MERIDIAN
NORTH BLACK CAT PRESSURE SEWER
ADA COUNTY, IDAHO
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
TIDS AGREEMENT is by and between the City of Meridian (hereinafter called OWNER) and HZ Excavation LLC
(lll:;re.inaIlel Ci:llkll 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 Project consists of
construction of approximately 5,147 lineal feet of dual 10"/16" pressure sewers, surface repairs, clean-outs, air/vac stations,
cunnedion vault, dewatering, traffic cuntrul, sturm water management, trenching, and other related and miscellaneous work. It is
the intent ofthese documents to describe the work required to complete this project in sufficient detail to secure comparable bids.
All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in
the bid and shall conform to all Local, State and Federal requirements.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work twder the Contract Docwncnts may bc the whole or only a part is generally described as
follows: North Black Cat Pressure Sewer
ARTICLE 3 - ENGINEER
3.01 The Design Engineer is J-U-B ENGINEERS, Inc., 250 S. Beechwood Avenue, Suite 201, Boise, Idaho 83709. The
Construction Project Engineer is the City of Meridian, 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 the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time 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 Docwnents are of the essence of the Contract.
00500 - 1
4.02 Days and Dates to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed as listed below:
1. Bid Schedule A
The work will be substantially completed within 90 days after the date when the contract times commence to nm as
provided in paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions within 110 days after the date when the contract times connnence to run.
4.03 Liquidated Damages
A. CONTRACTOR and OWNERrc:cognizc: that time is of the essence of this Agreement and that OWNER wiH sutter tinancial
loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties' invol ved 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),
CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for Substantial
Completion of each milestone date listed until the Work is substantially compkte. After Substantia) Completion, if CONTRACrOR
shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for
completion of each milestone date listed and readiness for final payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in
current funds equal to the sum of the amounts determined pursuant to paragraphs 5.0 l,A.
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
ARTICLE 6 ~ PAYMENT PROCEDURES
6.0 I Submittal and Proce~'sing uf Payments
A. 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.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for
Payment on or about the 25th day of each month for work through the last day of the preceding month during performance of the
Work as provided in paragraphs 6.02.A.l and 6.02.A.2 below. All such payments will be measured by the schedule of values
established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of llllits
completed) or, in the event there is no schedule of values, as provided in the General Requirc:men!s:
1. Prior to Substantial Completion, progress payments will he 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 may deteonine
or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. 95% of Work completed (with the balance being retainage); and
b. No payment for cost of materials and equipment not incorporated in the Work.
00500 - 2
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRAC'TOR to 95% of the Work completed, less such amounts as ENGINEER shall detennine in accordance with Article
14 of the General Conditions and less 100% ofENGINEER's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the certificate of Suhstantial Completion. If, at
Substantial Completion, the character and progress of the work has been satisfactory, the OWNER may, at the OWNER's sole
discretion, reduce the alIlOWlt ofretainage being held.
6.03 Final Payment
A. Upon fmal completion and acceptance u[the Wurk in accordance with paragraph 14.07 of the General Conditions, OWNt:R
shall pay the remainder of the Contract Price as reconnnended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7. INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate 0[7% per
annmn.
ARTICLE 8 - CONTRACTOR'S REPRESENTA nONS
8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefUlly studied the Contract Documents and the other related data identified in the
Bidding Docwnents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions
that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site
(except Underground .to'acilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the
General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been
identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or asswnes responsibility for having done so) aU examinations,
investigations, exploration.", tests, shlrlies, and data concerning conditions (sutface, subsw-face, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific
means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the COlllract DOCWllcnls tu Ix:
employed by CONTRAcrOR, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any 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 tenns
and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be perfonned by OWNER and others at the Site that relates to the
Work as indicated in the Contract Document".
H. CONTRACTOR has correlated the information known to CONTRACfOR, information and observations obtained from
visits to the Site, reports and drawings identified in the Contract Documents, and all additional exanllllations, investigations,
explorations, tests, studies, and data with the Contract Documents.
00500 . 3
I. CONTRACTOR bas given ENGINEER written notice of all corrllicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Docwnents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACrOR.
J. The Contract Documents are generally sufficient to indicate and convey wtderstanding of all terms and conditions for
performance and furnishing of the Work.
K. The CONTRACTOR is an appropriately licensed public works contractor per Section 54-1902 (Idaho Code).
L. The CONTRACTOR win Ilubmit within 30 days of the date of this agreement a Pooh!; Works Contract Report (Form
WH-5) to the Idaho State Tax Conunission in compliance with Section 54-1904A and 63-3624(t), Idaho Code.
ARTICLE9-CONTRACTDOCUMENTS
9.01 Contents
A. The Contract Doctunents consist of the following:
1. This Agreement (pages 1 to _, inclusive);
2. Performance Bond (pages _ to _, inclusive);
3. Payment Bond (pages _ to _, inclusive);
4. Other Bonds (pages_ to _' inclusive);
a.
(pages _ to _, inclusive);
b.
(pages _ to _' inclusive);
c.
(pages _ to _' inclusive);
5. Certificates of Insurance
6. General Conditions, Division 100 of the 2007 Idaho Standards for Public Works Construction (ISPWC).
7. Project Manual.
8. Owner's Supplementary Conditions, Form 00810.
9. Standard Specifications and Standard Drawings - 2007 Idaho Standards for Public Works Construction (ISPWC).
10. Owner's Revisions to the Standard Specifications and Special Provisions (pages ~ to _, inclusive).
11. Plans cOmlisting of a cover sheet and sheets numbered 1 through _' inclusive with each sheet bearing the following
general titles.
City of Meridian
North Black Cat Pressure Sewer
Ada County, Idaho
12. Addenda (nwnbers ____ to _' inclusive);
13. Exhibits to this Agreement (enumerated as follows):
a. CONTRACTOR's Bid (pages _._ to __' inclusive); Form 00300
00500 - 4
b. Contractor's Affidavit Concerning Taxes, Form 00710
c. Notice of Award, Form 00450
d. Notice to Proceed, Form 00720
e. Documentation submitted by the Contractor prior to Notice of Award
hereto:
14. The following which IlIay be udiv~c:u or i/isued on or after the Effective Date of tile Agreement and are not attached
a. Written Amendments
b. Work Change Directives
c. Change Order(s)
d. Application for Payment
e. Certificate ofSub:ostantial Completion
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Docwnents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General
Conditions.
ARTICLEIO.N:USCELLANEODS
10.01 TemlS
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract 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 assigrunent, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Docwnents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itselt: its partners, successors, assigns, and legal representatives to the other party
hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in
the Contract Documents.
00500 - 5
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACfOR, who agree
that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One countelpart each has been
delivered to OWNER and CONTRACfOR. All portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or on their behalf.
This Agreement will be effective on
,2007 (which is the Effective Date of the Agreement).
OWNER:
CONTRACTOR:
CITY OF MERIDIAN
H2 Excavation LLC
By:
By: E."y~-~.2.5b=-
~-~-
Tammy de Weerd, Mayor
[CORPORATD SEAL]
Attest
William U. Berg, Jr. City Clerk
Attest
~TE SEAL]
. -4 '^-
Approved by City Council:
Address for giving notices:
~~ t\\~~" 0~~
. (~\:,~ ~S~ u
Address for giving notices;
33 East Idaho Ave Meridian. ill 83647
(If OWNER is a corporation, attach evidence of authority to
sign. If OWNER is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of OWNER-CONTRACTOR
Agreement.)
License No. C Lb U 5 to
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative:
Designated Representative:
Name: yY):G\~
Title: L;i-; r....c;:.kv
Address: ~'1::> t ~_W'oS:.'bV\R'_
KLtV\"-\ L'~ <D ~6 -~G
ctLJI- 0:('3"/
~ '"6 -S- - 57/ t.
(\)~
Name:
Title:
Address:
Phone:
Phone:
Facsimile:
Facsimile:
00500 - 6
F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or dam are
necessary for the derermination efthis Bid for 'performance of the Work at the price(s) bid and within the times and in accercianc~
with the other terms and conditions of the Bidding Doc~nts.
G. Bidder is aware of the general nature of work to be performed by OVv'NER and others at the Site that relates to the
Werk as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to t1"e
Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations,
tests, stUdIes, and data with the Biddmg Documents_ '
1. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has
discovered in the Bidding Documents, an4 the written resolution thereof by ENGINEER is acceptable to Bidder.
J. The Bidding Documents are genemlly sufficient to indicate and convey understanding of all terms and conditions
for the performance of the Worlc: for which this Bid is submitted.
,
4.01 Bidder fw1her'represcnts tl;i<tt this Bid is genuine and not uwd.. ill the illlc:rCl;it uf ur on behalf of any undisdosed
individual or entity and is not submitted in confonnity with any agreement or rules of any group, association, organization or
corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has
not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself
any advantage over any other Bidder or over OWNER
5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
BASE BID SCHEDULE
CITY OF MERIBIAN
BASE BID SCHEDULE - NORTlf BLACK CAT PRESSURE SEWER
SPEC. PAYMENT EST.
REFERENCE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
Z01.4.1.F.1 Removal of Tree 8 EA ~DD lC,.,CO
307A.1.A.5 Miscellaneous surface , Restoration (Field- Type 1) 2658 [F '7! Q..1~bT1
307.4. l.A. 7 Miscellaneous Surface Restoration (Natural Ground) 1296 LF L/ .<' /fSC/
307.4.1.0.1 Type -c- Surface Restoration 320 Lf 5.S' 1 7(,.0
307.4.1.0.3 Type 'C-2" Surface Restoration 8n LF 6.;):5 Lj S?"ij
50Z.4.1.F.1 Connect to Existing 10" Pressure Sewer 1 EA \, '80D L I , "SoD
SOZA.1.F.3 Connect to Existing 16" Pressure Sewer 1 EA q -SOD "'i5c.o
505.4.1.6.1 Dual Pressure Sewer. 10"/16. 5147 l.f LIS I:J?. \ :k L5'
601 04.1 .A. 1 Gravity Irrigation Crossing 1 EA ;j 30D ~]oO
201 OA.1.A. 1 Mobilization 1 L5 'J. ,5CO d,SOO
i020A.1.F. t Reference a: Reset Monumelits 2 EA ,~OO I ODD
-- ---, --.--- --- j ,WG'"
SP.2141.4.1.A Remove Ii: Replace Concrete Ditch - Type 1 23 LF b5'
SP-2141.4.1.B Remove Ii: Replace Concrete Ditch - Type 2 46 LF f:,S -::!,'1Qn
SP-2142A.1.C Remove Ii Reset Fence 480 LF ,,? ':;) t..joQ
SP-2164A.1.A AirWac Relief Station 2 EA battS \ )";';0
SP-21 q4.4.1 ,8 Dual Pressure Sewer Clean..out 3 EA 10,1.00 3\, &,0
SP-2164.-4.1.C Pressure Sewer Connection Pad 1 EA ..:500 500
SP-2200.4.1.A_1 Thrust Block 15 EA ....l,S-CO "57 5CO
- SP-2Z16.4.1.A.1 Storm Water Management 1 L5 ':5,a:>D 'is/COO
~P-Z700.4.1.A.l Temporary frrigation Et Waste Drainage Systems 1 L5 5 ceo ~ COo
TOTAL OF ALL ESTIMATED PRICES - BASE BID SCHEDULE ($ 211 '?) '6 I b _J
TOTAL~RJTTENINWORDS-8ASEBID,SCP.EDULE r'h(<.L.. k~ ();Y\k~e)Cj~\ ~'\:P-..J
)"r. f'c:.:c Y\i....:Jf\r~.e.c.t 4.JGJ'll--j :"\' )( -\- "rQ #orJ