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HomeMy WebLinkAboutStandard Form of Agreement with Star Construction for Class A Reclaimed Water Disinfection and Distribution. ~~~,~~~ ~~ emo Ta Jaycee Holman; Tara Green From: Roxanne Holland, EIT Staff Engineer hollandr@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer Date: 5/28/08. Re: Proposed Agenda Item for June 3, 2008 City Council Meeting ~pY 2 7 200~ City ~le Ik ~an CitY The Public Works Department respectfully requests the following item be placed on the June 3, 20Q8 City Council agenda, under Consent Agenda, for Council's consideration: Class A Reclaimed Wastewater Disinfection and Distribution Improvements (Construction) Attached is a Bid Focm and Standard Focm of qqreement with Star Construction, LLC for the installation of reclaimed water pumping equipment, discharge piping and valves, connection firom the Boise River Outfall pipeline to the Heroes Park irrigation storage pond, disinfection system irnprovements, , and associated electrical, controls, and SCADA. The contract is for $79,790.00. Recommended Council Action: The Public Wocks Departrnent recommends that City Council approves and signs the Standard Form of Agreement with Star Construction, LLC for the construction of the Class A Reclaimed Wastewater Disinfection and Distribution Improvements. Thank you for your consideration. Please contact me if you have any questions. • Page 1 SECTION 00500 AGREEMENT THIS AGREEMENT is by and between ' The City of Meridian, hereinafter called OWNER, and Star Construction LLC, hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Arti¢le 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT 'The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Class A Reclaimed Wastewater Disinfection and Distribution Improvements Article 3. ENGINEER The Project has been designed by HDR ENGINEERING, INC., who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume aU duties and responsibilities, and have the righu and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 4. CONTRACT TIMES 4.1. Time of the Essence. A. All time limits for Milestones, if any, Substantial Completion, ancl completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. , 4.2. Days to Achieve Substantial Completion and Final Payment. A.. The Work will be substantially completed within 90 days after the date when the Contract Times commence to run 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 120 days after the date when the Contract Times commence to run. 4.3. Liquidated Damages. Ciry of Meridian Class A Reclaimed Wastewater Disinfection and Distribution ]mprovements - April 30, 2008 00500 - I A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.2. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving in, a legal or arbitration proceeding the actual loss suffered by OWN~R 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 two hundred dollars ($200) for each day that expires after the time specified in Paragraph 4.2. 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 time specified in Paragraph 4.2. for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four hundred dollars ($4U0) for each day that expires after the time specified in Paragraph 4.2. for completion and readiness for final payment. Article 5. CONTRACT PRICE 5.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in cunent funds equal to the sum of the amounts determined pursuant to Paragraphs S.1.A. below: A. For all Work, a Lump Sum of: Seventv nine thousand seven hundred ninetv dollars ($ 79,790.00 ) (use words) (use figures) All specific cash allowances are included in the above price and have been computed in accordance with Paragraph I i.02 ofthe General Conditions. 5.2 As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classification ace to be made by ENGINEER as provided in Paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03B. ofthe General Conditions. Article 6. PAYMENT PROCEDURES 6.1. Submittal and Processing of Payments. A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGIN6ER as provided in the General Conditions. 6.2. Progress Payments; Retainage. A. OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, during construction as provided in Paragraphs 6.1.1 and 6.1.2 below. All such payments will be measured by the schedule of values established in Paragraph 2.07A. of 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 in the General Requirements. l. 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 accordance with Paragraphs 14.028.5. and 14.02D.1. of the General Conditions. ' City of Meridian Class A Reclaimed Wastewater Disinfection and Disvibution Improvements - April 30, 2008 00500 - 2 a. 50 percent of Work completed (with the balance being retainage). If Work has been 50 percent completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, {there will be no additional retainage on account of Work completed.} Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 90 percent of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.02B. of the Generaf Conditions. 63. Final Payment. A. Upon final completion and acceptance of the Work in accordance with Raragraph 14.07B. of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07B. Article 7. INTEREST 7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of prime plus 1 percent per annum, simple interest. Article 8. CONTRACTOR'S REPRESENTATIONS 8.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following repcesentations: A. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in Article 9.) and the other related data identified in the Bidding Documents. 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, performance or furnishing 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, performance or fucnishing of the Work. D. CONTRACTOR has carefully studied all: ( l) 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 Facilities) which Have been identified in the Supplementary Conditions as provided in Paragraph 4.02A. 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. 1. CONTRACTOR accepts the determination set forth in the General and Supplementary Conditions of the extent of the "technical data" contained in such reports and Drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02 of the General Conditions. ' CONTRACTOR acknowledges that such reports and Drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements - April 30, 2008 00500 - 3 3_ CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibiliry for doing so) all additiona] or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incidentthereto. F. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Doc.uments. G. 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. H, CONTRACTOR has conelated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with tfie Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENG]NEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufiicient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better qualiry of Work, or compliance with the more stringent requirement resu(ting in a greater cost; and said greater cost is included in the Contract Price. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 9. CONTRACT DOCUMENTS 9.1. Contents. A. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: I. This Agreement (pages 1 to 6, inclusive). 2. Performance, Payment, and other Bonds. 3. Notice to Proceed. 4. General Conditions (pages l to 43, inclusive). City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution [mprovements - April 30, 2008 00500 - 4 5. Supplementary Conditions (pages 1 to 3, inclusive). 6. Specifications as listed in Table of Contents of the Project Manual. 7. Drawings consisting of a cover sheet and sheets bearing the following general title: Class A Reclaimed Wastewater Disinfection and Distribution Improvements 8. Addenda numbers 1 to 1, inclusive. 9. CONTRACTOR's Bid (pages 00301-1 to 00301~, inclusive). l0. Documentation submitted by CONTRACTOR prior to Notice of Award (page 00435-I, inclusivej. ' I 1. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached thereto: a. All written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraph 3.04 of the General Conditions. b. The documents listed in Paragraphs 9.1. et seq. above are attached to this Agreement (except as expcessly noted otherwise above). c. There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified or supplemented as provided in Paragraph 3.04. of the General Conditions. Article 10. MISCELLANEOUS 10.1 Terms. A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. Assignment of Contract. A. No assignment by a party hereto of any rights under or interests 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 thaf 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 dury or responsibility under the Contract Documents. 10.3. Successors and Assigns. A. OWNER and CONTRACTOR each binds itself, 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. }0.4. Severability. City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution lmprovemcnts - April 30, 2008 00500 - 5 A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed sCricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents sha11 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 triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on June 16, 20U8 (which is the Effective Date of the Agreement). OWNER By: [CORPORATE SEAL] Attest Address for giving notices: Agent for service of process: NOTE: If OWNER is a cotporation, 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 Agreement. CONTRA R ~ ~ ~~M '~'t,4~.t~~~ ~-L~ sy: ,q,~~ ~ c, /~ - ~2~n ~r~~ 2 [CORPORATE SEAL] Attest Address for giving notices: Agent for service of process: License No. ~ y ~~ Z ~ '~ /t.~fl~l~'~~ NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign. END OF SECTION City of Meridian Class A Reclaimed Wastewater Disinfection and Distribution Improvements - April 30, 2008 00500 - 6 SECTION 00301 BID FORM PROJECT IDEN'T~ICATION: Class A Reclaimed Wastewater Disinfection and Distrit~ution Im~,rovements THIS BID IS SUBMITTED TO: Citv of Meridian, herein aRer referred to as OWNER. 1. Enter Into Agreement The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an A~eement with OVJNER in the form included in the Contiact Documents to perfotm and fumish all Work as specified or indicated in the Contr~act Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance wit6 the other terms and conditions of the Conh~act Documents. 2. BIDDER Acknowledgements BIDDER accepts all of the terms and conditions of the Advectisement or Invitation to Bid and Instcuctions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for the period specified for Notice of Award after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Ageement with the Bonds and other documents required by the Bidding Requirements within 10 days after the date of OWNER's Notice of Award. 3. BiDDER's Represeotations In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: BIDDER has examined and carefully studied the Bidding Documenu and the following Addenda receipt of all which is hereby aclmowledged: (List Addenda by Nwnber) ADDENDA NO 1u~_ ~ 21 o Ce. ~~ b. BIDDER has visited the site and become familiar with and is sadsfied a~ to the general, local and site conditions that may affect cost, progress, performance and fiunishing of the Work. c. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and fumishing of the Work d. BIDDER has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical condidons in or relating to existing surface or subsurface structures at or conriguous to the site (except Underground Facilities) wlvch have been identified in the Supplementary Conditions as provided in Paragraph 4.02A. of the General Condifions, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in the Supplementary Condirions. e. BIDDER accepts ~e detertninarion set forth in Paragraph SC-4.02 of the Supplementary Conditions of the extent of ffie "technical data" contained in such reports and drawings upon which BIDDER is entided to rely as provided in Paragraph 4.02 of the General Conditions. 74205 City of Meridian Ctess A Reclaimed Westeweter Disinfectioa and Distdbntion Improvements - Apri130, 2008 0030I - I f. BIDDER aclaiowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER's purposes. g. BIDDER aclaiowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to existing Underground Faciliries at or.contiguous to the site. h. BIDDER has obtained and cazefully studied (or assumes responsibility for having done so) all such addidonal or supplementary examinations, investigations, explorarions, tests, studies and data concerning condirions (surface, subsurface and Undergound Facilities) at or conriguous to the site or otheswise which may affect cost progress, performance or fwnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any addirional examinations, investigations, explorations, tesu, studies or data are necessary for the determination of this Bid for performance and fumishing of the Work in accordance with the rimes, price and od~er tenns and conditions of the Contract Docwnents. i. BIDDER is aware of the general nature of Work to be performed by OWNER and others at the site tbat relates W Work for whic6 this Bid is submitted as indicated in the Con~act Documents. j. BIDDER has correlated the information lmown to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documenu and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. k. BIDDER has given ENGiNEER written norice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and condirions for performing and fianishing the Work for which this Bid is submitted 1. Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicu, etc., have not been resolved through the interpretations or clarifications by ENGINEER as described in the Instrucdons to Bidders, because of insuf6cient timc or otherwise, BIDDER has included in the~ Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. m. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, tirm or corporation and is not submitted ia conformity with any agreement or rules of any group, assceiation, organization or corporation; BIDDER has not directly or indirectly induced or solicited any othcr BIDDER to submit a false or sham Bid; B]DDER has not solicited or induced any person, fum or corporation to refrain from bidding; and BIDDER has not sought by collusion W obtain for itself any advantage over any other BIDDER or over OWNER 4. Bid Prices BIDDER will complete the Work in accordance with the Contract Documents for the following prices(s): LUMP SUM BID PRICE ~~ ~'`~~ v~~~' ~~~SA-u-~+O S~?.re..•1~ti.r~d~2~ Y) i~~4~ (use words) c$`~~, ~~a. A:a > (use figures) 74205 City of Meridien Class A Reclaimed Westewater Disinfection end Distributioa Improvemcnb - Apri130, 2008 00301 - 2 Adjushnent prices are subject to acceptance by OWNER, and rejection of one or more adjustment prices will not invalidate acceptance ofthis Bid. 5. Completfon BIDDER agrees that the Work wil] ba substantially completed and ready for final payment in accordance with Paragraph 14.07B. of the General Conditions on or before the dates or within the number of calendar days indicated in tt~e Agreement. BIDDER accepts the provisions of the Ageement as to liquidated damages in the event of failure to complete the Work within the dmes specified in the Agreement. 6. Attached Documents The following documents are attached to and made a condition ofthis Bid: a. Required BIDDER's Qualification Statement with supporting data. 7. Major Equipment ltems In connection with major items of equipment to be fuinished and installed in this Project, BIDDER expressly agees to the following provisions: a. That the Bid srated above includes the fiunishing and installing of major equipment furnished by the Supplier which BIDDER has selected from those suppliers listed on the drawings. b. That the installed price of the equipment includes the cost (if any) of changes in the structure, buildings, piping, wiring, accessories, etc., necessary to accommodate the particular equipment proposed 8. Address tor Commuofcations Communications concerning this Bid shall be addressed to t3~e address of BIDDER indicated below: Clint Dolsby, PE City of Meridian 660 East Watertower Lane Suite 200 Meridian, ID 83642 9. Defined Terms Terms used in this Bid which are defined in the General Condirions or Instructions wil] have the meanings indicated in the General Conditions or Instructions. SUBMiTTED on ~~' 02 3"~~ > 2U~ Staie CONTRACTOR License No. ~`~ ~ Z~ ~'RRR -~~ If BIDDER is: An Individual gy (SEAL) (lndividual's name) 74205 City of Meridian Class A Recleimed Wmtewater Disinfection and Distribution Improvements - April 30, 2008 00301 - 3 doing business as Business address: A Partr~ershi~ By (SEAL) (Firm name) (General partner) Business address: A Co,r~oration By Cc~lvSi (corporation / ,.~:/~ ~17' (~ - (s finco 'on) B „~„~ ~=e -' ` Y (Name o rson authorized to sign) ~'~t~c~NG7L~ (Tide) (Co~porate Seal) Attest ~-7+u~I - ~ `^ ~i N~ ,0 5 ~ U (secretEUY)" Business address: ~ ~ ~ ~U ~ ~ s ~ - ~, ~ ~t'R..- ~D~r~ S 3~~j - A Joint Venture By (SEAL) (Name) {Address) By (SEAL) (Name) . (Address) NOTE: Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above. END OF SECTION S i~2-- ~[./C.% G!~-) L ~ G 74205 City of Meridian Clacs A Reclaimed Wastewater Disinfeaion end Distribution Improvements - Apri130, 2008 00301 - 4