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HomeMy WebLinkAboutStandard Form of Agreement with Irminger Construction for Bower Street Water Main Improvements (2)RE~EIVEIS MAR 1 0 2008 City Of IVleridian City Clerk Oflice Memo To: Jaycee Holman; Tara Green From: Brent A. Blake, Engineering Technician CC: Thomas Barry, Public Works Director Len Grady, P.E., City Engineer Kyle Radek, P.E., Assistant city Engineer Date: 3/07/2008 Re: Proposed Agenda Item for March 18, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 18, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Bower Street Water Main Improvements (Construction) Attached is a Standard Form of Agreement with Irminger Construction Incorporated for the construction of approximately 335 LF of 10"-Diameter Water Main, miscellaneous valves, fiitings, appurtenances, and surface restoration. The contract is for $37,774.00. Recommended Council Action: The Public Works Department recommends that City Council approves the Standard Form of Agreement with Irminger Construction Incorporated for the construction of the Bower Street Water Main Improvements Project. Thank you for your consideration. I will forward original documents for signatures upon review. Please contact me if you have any questions. From the desk of... Brent A Blake Engineering Techniaan Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Phone: (208) 898-5500 Fax: (208)898-9551 blakeb@meridianaty.org • Page 1 CITY OF MERIDIAN BOWER STREET WATER MAIN IMPROVEMENTS NOTICE OF AWARD TO: Dan Williams DATED: March 7.2008 Irminger Construction Incoraerated 3473 Brookside Lane Boise Idaho 83714 PROJECT DESCRIPTION: BOWER STREET WATER MAIN IMPROVEMENTS The OWNER has considered the Bid submitted by you for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby noted that your Bid has been accepted for (description): Construction of approximately 335 LF of 10°0 water main, miscellaneous valves, fittings, appurtenances, and surface restoration. In the amount of: Thirty Seven Thousand Seven Hundred Seventy Four Dollars ($ 37.774.00). You are required to fully execute the Agreement and furnish the required Certificates of Insurance, and Standard Form of Agreement within ten (10) calendar days from the date of the notice to you, that is by March 17, 2008. If you fail to execute said Agreement and to fumish said certificates of insurance within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: CITY OF MERIDIAN, IDAHO Name: B2E',vY ~! . ! y~ CITY OF MERIDIAN BOWER STREET WATER MAIN IMPROVEMENTS ACCEPTANCE OF NOTICE OF AWARD Receipt of the NOTICE OF AWARD is hereby acknowledged by ~.o C~ _ , this 1~ ~ day of 1~'l ~l. t;LCti 2008 . ~.-~~~1~N~,~Q tJ~ ~ ANC CONTRACTOR BY: C~1 ~ ~ ..--~_ NAME:__Ct~'~ ~ ~ QI`rl t fJC~~.i TITLE: ~t i~.s ~ > ~- w ~ (SEAL if by a corporation) STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 7th day of March in the year 2008 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Irminger Construction Inc (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 335 LF of 10"O water main, miscellaneous valves, fittings, appurtenances, and surtace restoration. The Project for which the Work under the Contract Documents is described as follows: Bower Street Water Main Improvements 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 Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within ninety (90) days from the date of this agreement. 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 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. STANDARD FORMS SF-1 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: $37,774.00 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on a Monthly basis. Applications for Payment will be processed by OWNER. 5. ~. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25 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. 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. • 100% of work completed, (less 5% retainage). • 100% of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 100% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold. 5.2. Final Payment. Upon final completion and acceptance of the Work, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. All moneys not paid when due 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. STANDARD FORMS SF-2 7.2. CONTRACTOR has studied carefully ail drawings of physical conditions and accepts them. 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, 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. 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. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Notice of Award. 8.3 Drawings. 8.4 Invitation To Bid. 8.5 CONTRACTOR's Bid. 8.6 General Special Provisions and Special Provisions STANDARD FORMS SF-3 8.7 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.8 The following which 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. 8.9 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 than those listed above in this Article 8. 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 in 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 parry hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. STANDARD FORMS SF-4 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 March 24 , 2008. Owner CITY OF MERIDIAN Contractor..: ~ r~~ ~ „J C-~ i _k \C~ iJ S ~ • -=-a~. ey: Name: Tammv de Weerd Mavor Name: _C,:aiz.~, t... ~..iZ;-~--NC-~F IZ Approved by City Council: [CORPORATE SEAL] [CORPORATE SEAL Attest Jaycee Holman, City Clerk Address for giving notices 33 East Idaho Ave. Meridian. ID 83642 Attest Address for giving notices ~~~~ ~ ~~cl ~~ O IS-2 I 'L-D ~ 3 `~ I Public Works License No. / / ~ ~~/-f~J~/~ -3 ~- * (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) STANDARD FORMS SF-5 BID SCHEDULE OF ITEMS AND PRICES The undersigned Contractor hereby agrees to construct the Water System Improvements on Bower Street in accordance with the plans and the latest edition of the City of Meridian Standard Specifications and Drawings, and Idaho Standards For Public Works Construction including Ada County Highway District Supplements. The bid prices shown shall include all labor, equipment, tools and materials required for a complete and workable installation. The bid prices shown shall include sales tax and 'all other applicable taxes and fees. Quantities shown are estimated and may vary during construction. The Contractor shall provide complete insurance as required by the City of Meridian and shall be responsible for obtaining and paying for all permits. Item No. Estimated Unit Item Description Unit Price Bid Item Quanti With Unit Price Written in Words Bid Total 307.4.1.G.1. 347 SY TYPE `'P" SURFACE RESTORATION 00 "~ Sc~~~~-y~ -ems --_ f 7 S~°~J°J Dollars 401.4.1.A.1. 335 LF 10" PVC, AWWA C900, CLASS 150, DR 18, WATER MAIN pZrk~rr F-~dc ~$~G 83~'S ollars 402.4.1.A.1.a 1 EA 8" GATE VALVE 6 rE' y ,eE' - Dollars 402.4.1.A.1.b 2 EA 10" GATE VALVE - ra ~ ~ 6~~ ~f'o W yam y~~ LG~~S'!Ji 7 '_ i~~~'~~ ~'~l~tJO~P.~ -Dollars 706.4.1.G.1. 4 SY CONCRETE REPAIR C,~~ 7S a is 3~ j c-~py ~~ ra ~ Dollars SP-1 3 EA HOT TAP EXISTING WATER MAIN ~~~ -- ~~ as ~zcz~ ~ doa°~ _~Gt-~J~~~ Dollars Item No. Estimated Unit Item Description Unit Price Bid Item Quantity (With Unit Price Written in Words) Bid Total SP-2 1 EA PIPE DRAIN wry ~r%E ~/spp~> ~~oa ~~ . , ~,~~~~~~~_ - Dollars SP-3 1 EA FLUSH STATION n~ ~ c, ~~•~ ~~X f ~.~ ~C~4S~~ ~ Dollars SP-4 1 EA CONNECT EXISTING WATER SERVICE TO NEW WATER MAIN ~~ Sao ~~ ~n® ,~~o~ Dollars SP-5 1 EA INSTALL NEW WATER SERVICE LINE 6~ /?C~' /BOO ~~CrL lt~s cSD Dollars SP-6 1 EA ABANDON EXISTING WATER MAIN ~ ~,~ Dollars SP-7 1 LS TRAFFIC CONTROL __G~.IGG ~v'i~ClJiStirl~ a, ~QOd ate. /B~ Dollars SP-8 1 LS STORM WATER MANAGEMENT 7'A~'~~f~fi4/il /~~ /' /~ ac ollars o~ TOTAL OF BID $ ~ 7 ~~~ The Bidder understands that quantities listed are approximate and the Owner reserves the right to increase or decrease individual items as may be, in its sole judgment, to its best interest depending upon conditions encountered or observed during the execution of the work.