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HomeMy WebLinkAboutStandard Form of Agreement with Knife River for Powers Residenceb'75U~. ~ 3g~,,~g~ao FORM 00500 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Taken From 2007 ISPWC For the CITY OF MERIDIAN SEWER MAIN AT POWERS RESIDENCE ADA COUNTY, IDAHO CITY OF MERIDIAN SEWER MAIN A7 POWERS RESIDENCE ADA COUNTY, IDAHO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between the City of Meridian (hereinafter called OWNER) and Knife River (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration ofthe 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 233 lineal feet of 8-inch PVC gravity sewer, asphalt, sod and other surface repair, manholes, dewatering, traffic control, storm water management, trenching, and other related and miscellaneous work. It is the intent of these documents to describe the work required to complete this project in sufficient detail to secwe 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.O1 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: SEWER MAIN AT POWERS RESIDENCE ARTICLE 3 -ENGINEER 3.01 The Design Engineer is CIVIL SURVEY CONSULTANTS, Inc., 14(10 E. WATERTOWER STREET, MERIDIAN, IDAHO 83ti42. 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 Documents are of the essence of the Conhact. 0051?0 - 1 4.02 Days and Dates to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed as listed below: 1. The work will be substantially completed within 30 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 40 days after the date when the rnntract times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding 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 penahy), 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 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, 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 fiords equal to the sum of the amounts determined pursuant to paragraphs 5.01.A. A. For all Work, at the prices stated in CONTRACTOR'S Bid, attached hereto as an exhibit. ARTICLE 6 -PAYMENT PROCEDURES 6.01 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 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 Paymem 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.1 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 units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 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 ENGMEER may determine or OWNER may withhold, in accordance with paragraph 14.02 ofthe 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 Mall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Article 14 of the General Conditions and less 100% of ENGINEER'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 Substantial 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 amount of retainage being held. 6.03 Final Payment A. Upon final completion and acceptance ofthe Work in accordance with paragraph 14.07 ofthe General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 -INTEREST 7.01 A!1 moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 7% per annum. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 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 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, 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 Facilities) 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 assumes responsibility for having done so) all .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 applying the specific means, methods, techniques, sequences, and procedures of construction, if arty, expressly required by the Contract Documents to be employed by CONTRACTOR, 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 terms and conditions of the Contract Documents. 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 correlated 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 the Contract Documents. 00500 - 3 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR J. The Contract Documents are generally sufficient to indicate and convey understanding of all teens and conditions for performance and furnishing of the Work K. The CONTRACTOR is an appropriately licensed public works contractor per Section 54-1902 (ldaho Code). L. The CONTRACTOR will submit within 30 days of the date of this agreement a Public Works Contract Report (Form WH-5) to the Idaho State Tax Commission incompliance with Section 54-1904A and 63-3624(f), Idaho Code. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: I. This Agreement (pages I to ,inclusive); 2. Performance Bond (pages to ,inclusive); 3. Payment Bond (pages _ 4. Other Bonds (pages _ a. b. c. 5. Certificates of Insurance (pages to ,inclusive); (pages to ,inclusive); (pages to ,inclusive); 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 1 to ,inclusive). 11. Ada County Highway District latest Supplemental Specifications to ISPWC. 12. ITD R.O.W. Encroachment Pernut 13. Plans consisting of a cover sheet and sheets numbered I through ,inclusive with each sheet bearing the following general titles. City of Meridian Sewer Main at powers Residence Ada County, Idaho 14. Addenda (numbers to , inclusive); to ,inclusive); to ,inclusive); 00500 - 4