HomeMy WebLinkAboutStandard Form of Agreement with Bitterroot Construction for Locust Grove
,.! '
EJCDC
Standard Form of Agreement
Between OWNER and CONTRACTOR
On the Basis or a Stipulated Price
TillS AGREEMENT is dated as of the qi\. day of .::ç.1Ie in the~003 by and between
City of Meridian, Ada County, Idaho (hereinafter called OWNER) and B"\~T C i"I),.r,ò>/\¡:J;1r .
(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: This project includes installation of approximately 2,200
feet of water and sewerline installation on Locust Grove, south of Chin den. It is the intent of these documents to
describe the work required to complete this project in sufficient detail to secure comparable bids. All parts or work
not specifically mentioned wl:rich 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 ENGINEER. The Project "2003 Locust Grove Sewer and Water Line" has been designed by City of
Meridian 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
3.1.
3.2.
CONTRACT TIME.
The Work will be completed within 45 ftom the date when the Contract Time commences to run as
provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in
accordance with paragraph 14.13 of the General Conditions.
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 (hut not as a penalty)
CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) for each calendar 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 ftom the contract and complete remaining work as required.
Article 4 CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents in current funds in accordance with unit prices bid; see Exhibit A to this Agreement.
Article 5 PAYMENT PROCEDURES. Tbe CONTRACTOR shall submit Applications for Payment in
accordance with ARTICLE 14 of the General Conditions. ENGINEER will process applications for Payment as
provided in the General Conditions.
5.1
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 25th day
of each month during construction, as provided below, for Applications submitted to the Engineer prior to
or on the 25th day of the previous /nonth. All progress payments will be on the basis oftbe progress of the
work measured by the schedule of values established in Article 4 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
Page I of5
5113/2003
less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
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 satisfuctory to OWNER as
provided in paragraph 14.2 of the General Conditions).
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, in accordance with paragraph 14.7 of the General
Conditions.
Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of
the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said paragraph 14.13.
Article 6 INTEREST. All moneys not paid when due as provided in ARTICLE 14 of the General Conditions
shall bear interest at the maximum rate allowed by law at the place of Project.
5.2
Article 7 CONTRACTOR'S REPRESENT A nONS. In order to induce OWNER to enter into the Agreement
CONTRACTOR makes the following representations:
7.1
7.2
7.3
7.4
7.5
CONTRACTOR has fumiliarized 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,
perfurmance or furnishing of the Work.
CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the
Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the
determination set forth in ARTICLE 4 of the Supplemental Conditions of the extent ofthe technical data
contained in such drawings upon which CONTRACTOR is entitled to reply.
CONTRACTOR has obtained and carefully studied (or assumes responsihility 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, including specifically the provisions of paragraph 4.2 of the General Conditions;
and no additional examinations, investigations, explorations, tests, reports, studies, or similar information
or data are or will be required by CONTRACTOR for such purposes.
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 fespect of said
Underground Facilities are or will be required by CONTRACTOR in order to perfurm and furnish the
Work at the Contract Price, within the Contract Time and in accordanée with the other terms and conditions
of the Contract Documents, including specifically the provisions of paragrapb 4.3 ofthe General
Conditions.
CONTRACTOR has correlated the results of all such ohservations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
Page 2 of5
5113/2003
7.6
CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that the
Contractor 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
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
8.18
This Agreement.
Exhibits to this Agreement.
Performance and other Bonds.
Notice of Award.
Acceptance of Notice of Award
General Conditions.
State ofIdaho Tax Reporting Requirements
Supplemental General Conditions.
Technical Specifications.
Drawings.
Appendix.
Invitation To Bid.
Information for Bidders.
Addenda.
CONTRACTOR's Bid.
Documentation submitted by CONTRACTOR prior to Notice of Award.
The following which maybe 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 pursuant to ARTICLE 11 and ARTICLE 12 ofthe General Conditions.
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. The Contract Documents may only
be amended, modified or supplemented as provided in ARTICLE 11 and ARTICLE 12 of the General Conditions.
Article 9
9.1
MISCELLANEOUS.
Terms used in this Agreement, which are defined in ARTICLE 1 of the. General Conditions will bave the
meanings indicated in the General Conditions.
Page 3 of5
5/1312003
0.'
"
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 sougbt 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 /tom 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 party hereto, its partners, successors, assigns and legal representatives in respect of all
covenants and obligations contained in the Contract Documents.
Article 10
OTHER PROVISIONs. None
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 òfthe Contract
Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
The Agreement will be effective on
;Jü'/'le.. £\) ;/00.1 ,~
:~~:=r ~
Name: ~~W. C~
owne~RIDIAN ,
By: ~..
Name: Robert D. Corrie. Mavor
[CORPORATE SEAL]
Address for giving notices
33 East Idaho Ave.
~S',LI~ Sr.
BÐIf.~. rb. e:n,,'1
Meridian, ill 83642
Public Works License No.
I (b4~. A-ÞrA -I
. If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing
Page40f5
5113/2003
~, '
. .
-'
Mobilization
ater Une
r Line
olal
Exhibit A
Page 5 of5
Bitterroot
Construction
$ 3,230.00
$ 78,045.00
$ 75,455.00
$ 156,730.00
5/1312003