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.