HomeMy WebLinkAboutIndependent Contractor Agreement with Cascade Pipeline Corp for Installation of Water System Flush LinesAGREEMENT
FOR
INDEPENDENT CONTRACTOR SERVICES
2008 WATER SYSTEM FLUSH LINES
PW-09-007
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 20~' day
of January , 2009, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and , Cascade Pipeline
Corp., hereinafter referred to as "CONTRACTOR", whose business address is 1406
Main Street Meridian, ID 83642 and whose Public Works Contractor License # is
13771-AAA-1-2.
INTRODUCTION
Whereas, the City has a need for services involving Installation of Water
Svstem Flush Lines; and
WHEREAS, the Contractor is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scop® of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon
execution of this Agreement and receipt of the City's written notice to
proceed, all services and work, and comply in all respects, as specified in
the document titled "Scope of Work" a copy of which is attached hereto as
Attachment "A" and incorporated herein by this reference, together with
any amendments that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Contractor under this Agreement, including without
limitation electronic data files, are the property of the Contractor; provided,
however, the City shall have the right to reproduce, publish and use all
such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so. If any such work is
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 1 of 25
copyrightable, the Contractor may copyright the same, except that, as to
any work which is copyrighted by the Contractor, the City reserves a
royalty-free, non-exclusive, and irrevocable license to reproduce, publish
and use such work, or any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Contractor represents and warrants that it will perform +ts
work in accordance with generally accepted industry standards and
practices for the profession or professions that are used in performance of
this Agreement and that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the Contractor and any reports
or opinions prepared or issued as part of the work performed by the
Contractor under this Agreement, Contractor makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provide by the contractor at the City's request
under this Agreement will be performed in a t'smely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a per unit basis
as provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof and Not-To-Exceed $55,054.00.
2.2 The Contractor shall provide the City with a monthly statement, as
the work warrants, of fees earned and.costs incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Contractor under the terms and conditions of this
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall
not be entitled to no receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement., including ,but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specifically,
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 2 of 25
Contractor shall not be entitled by virtue of this Agreement to
consideration in the fom~ of overtime, health insurance benefits,
retirement benefits, paid holidays or other paid leaves of absence of any
type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon {a) completion of the agreed upon work, (b}
September 30, 2009 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment A.
This Agreement shall terminate automatically on the occurrence of (a)
bankruptcy or insolvency of either party, or (b} sale of Contractors
business.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may
terminate this Agreement by giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any par of the
compensation set forth in Attachment B of this Agreement on the date
due, Contractor, at the Contractor's option, may terminate this Agreement
if the failure is not remedied by the City within thirty (30) days from the
date payment is due.
3.4 This Agreement shalt temlinate automatically on the occurrence of
any of the following events:
a. Bankruptcy of insolvency of either party;
b. Sate of Contractor's business; or
c. Death of Contractor
4. Tenmination:
If, through any cause, CONTRACTOR, its officers, employees, or agents
fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of
this Agreement, falsifies any record or document required to be prepared
under this agreement, engages in fraud, dishonesty, or any other act of
misconduct in the performance of this contract, or if the City Council
determines that termination of this Agreement is in the best interest of
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 3 of 25
CITY, the CITY shall thereupon have the right to terminate this Agreement
by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the
effective date of such termination. CONTRACTOR may terminate this
agreement at any time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by CONTRACTOR
under this Agreement shall, at the option of the CITY, become its
property, and CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
Notwithstanding the above, CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by CONTRACTOR, and the CITY may withhold
any payments to CONTRACTOR for the purposes of set-off until such
time as the exact amount of damages due the CITY from CONTRACTOR
is determined. This provision shall survive the termination of this
agreement and shall not relieve CONTRACTOR of its liability to the CITY
for damages.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be
acting as an independent contractor, and neither CONTRACTOR nor any
officer, employee or agent of CONTRACTOR will be deemed an
employee of CITY. Except as expressly provided in Attachment A,
Contractor has no authority or responsibility to exercise any rights or
power vested in the City and therefore has no authority to bind or incur
any obligation on behalf of the City. The selection and designation of the
personnel of the CITY in the performance of this agreement shall be
made by the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves
as independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
Agreement. Contractor shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of Contractor in
fulfillment of this Agreement. if in the performance of this Agreement any
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 4 of 25
third persons are employed by Contractor, such. persons shall be entirely
and exclusively under the direction and supervision and control of the
Contractor.
6. Indemnification and Insurance:
CONTRACTOR shall indemnify and save and hold harmless CITY from
and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the pertormance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct
of CITY or its employees. CONTRACTOR shall maintain, and spec~cally
agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Automobile Liability Insurance
One Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable
for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for ail such losses, claims, actions, or judgments
for damages or injury to persons or property and other costs, including
litigation costs and attorneys' fees, arising out of, resulting from , or in
connection with the performance of this Agreement by the Contractor or
Contractor's officers, employs, agents, representatives or subcontractors
and resulting in or attributable to personal injury, death, or damage or
destruction to tangible or intangible property, including use of.
CONTRACTOR shall provide CITY with a Certificate of Insurance, or
other proof of insurance evidencing CONTRACTOR'S compliance with the
requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins
pertormance of it's obligations under this Agreement. In the event the
insurance minimums are changed, CONTRACTOR shall immediately
submit proof of compliance with the changed limits. Evidence of all
insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho
83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 5 of 25
retentions or named insureds; or the Con#ractor shall provide a bond,
cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
To the extent of the indemnity in this contract, Contractor's
Insurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City or the City's elected officers,
officials, employees and volun#eers shall be excess of the Contractor's
insurance and shall not contribute with Contractor's insurance except as
to the extent of City's negligence.
The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
6.4 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.5 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Publics
Works of Improvement Projects over $25,000.00
8. Notices: Any and all notices required to be given by either of the parties
hereto, unless othervvise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certifed, return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Cascade Pipeline Coro.
Attn: John L. McNatt
1406 Main St.
Meridian. ID 83642
Idaho Public Works License #: C13771 AAA-1-2
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 6 of 25
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
9. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
11. Assignment: It is expressly agreed and understood by the parties
hereto, that CONTRACTOR shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
12. Discrimination Prohibited: In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any
federal, state or local law, rule or regulation against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or
disability.
13. Reports and Information:
13.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
13.2 Contractor shall maintain all writings, documents and records
prepared or compiled in connection with the pertormance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 7 of 25
14. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONTRACTOR'S records with respect
to all matters covered by this Agreement. CONTRACTOR shall permit the
CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced
in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
16. Compliance with Laws: !n performing the scope of work required
hereunder, CONTRACTOR shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
17. Changes: The CITY may, from time to time, request changes in the
Scope of Work to be performed hereunder. Such changes, including any
increase or decrease in the amount of CONTRACTOR'S compensation,
which are mutually agreed upon by and between the CITY and
CONTRACTOR, shall be incorporated in written amendments which shall
be executed with the same formalities as this Agreement.
18. Construction and Severability: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder
of the Agreement is reasonably capable of completion.
19. Waiver of D®fault: Waiver of default by either party to this Agreement
shall not be deemed to be waiver of any subsequent default. Waiver or
breach of any provision of this Agreement shall not be deemed to be a
waiver of any other or subsequent breach, and shall not be construed to
be a modification of the terms of this Agreement unless this Agreement is
modified as provided above.
20. Advice of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
its attorney's or the opportunity to seek such advice.
21. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 8 of 25
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
22. Applicable Law: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
23. Approval R®quired: This Agreement shall not become effective or
binding until approved by the City of Meridian.
CITY OF MERIDIAN CASCAD LINE, CORPORATION
BY: '~ r o
TAMMY EERD, MAY Y•
Dated: ~ ~aZ~ ~ C~ I Dated: .~ -mss ~~
Approved by City Council: ~ ' -
~~~` '~~~
Attest: ~~,o~``~ 0~ p~~~,~''',
rFO 'r
JAYCE HOLMAN, FI CJ..ERK ~
Approved as to Conten~~%9o'~ ~sr ~s•~ ~~```,`.,',
•,, G`pUNT`~ , ~~~.
~~rr~u,,,~,~~~~~N~
BY:
KEITH S, P C SInNG AGENT
Dated: '' f~ ' ~ 7
Approved as to Form
CITY ATTORNEY
Department Approval
BY: R, t~-~,Q r~l..~
NAM ~DX Oll~.(~2 t~l ~41.l~q~
TITLE: y, flt-~ ~ylOyJ ~l PQ~1''
Dated: I'"I y -D'~
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 9 of 25
Attachment A
SCOPE OF WORK
CITY OF MERIDIAN
2008 WATER SYSTEM FLUSH LINES
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW-09-007, are by this reference made a
part hereof.
SPECIAL PROVISIONS
GENERAL SPECIAL PROVISIONS
BASIS OF PAYMENT
Except as modified herein, the various work items called for on the "Bid Schedule"
will be performed, measured and paid for as indicated on said Bid Schedule and as
provided in the 2008 Edition of the Idaho Standards For Public Works Construction
(ISPWC)~ the City of Meridian Supplemental Specifications and Drawings to the
ISPWC. 2008 Edition: and adopted ACRD Supplements. The Contractor is required
to be a current holder of the 2008 Idaho Standards For Public Works Construction,
2008 Meridian Supplemental Specifications and Drawings, and all ACRD
supplements. Any work required to complete the project but not specifically included
in a bid item shall be considered incidental to the project and no separate payment
shall be made.
2. DAMAGE
The Contractorwill be responsible for retaining and protecting all fire hydrants, mail
boxes, sprinkler systems shrubs, sod, landscaping, trees, fences, etc., within the
construction limits, unless otherwise shown on the plans. The Contractor will also
be responsible for retaining and protecting all improvements outside the
construction limi#s. Any items damaged shall be promptly repaired or replaced to a
condition "equal to or better" than existed prior to construction by the Contractor.
The cost to complete such repairs shall be considered as incidental to the cost of
the project and no separate payment will be made.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 10 of 25
3. PROJECT MAINTENANCE
The Contractor will be responsible for project maintenance throughout the life of the
contract. This responsibility includes, but is not limited to, dust control, maintenance
of irrigation facilities, blading, maintenance of detours, maintenance of all
intersecting street approaches, proper and adequate drainage, access for
emergency equipment and appropriate access for property owners.
The cost of all maintenance work shall be considered incidental to other project
work and no separate payment will be made.
4. COORDINATION
It shall be the Contractor's responsibility to contact and work with the property
owners, irrigation districts, ditch riders, utility companies, and any other parties as
necessary to coordinate and install improvements required by this project. This
coordination effort shall include, but not be limited to, coordination with utility
companies in their efforts to relocate their facilities as a result of this project, and
warking other than normal working hours to permit the relocation of the utilities and
construction of the required improvements within the time frame of this contract.
Utility information is shown only for surface features. The information shown is for
reference purposes only and does not necessarily represent actual field conditions.
The Engineer assumes no liability for the accuracy of the information shown, or
conflicts due to inaccurate or incomplete utility information. The Contractor shall call
Dig Line a minimum of 48 hours prior to any excavation to request utility locations at
1-800-342-1585.
The Contractor shall expose all existing utility crossings to verify locations and
elevations prior to any other construction that may affect those utilities. The cost
associated with exposing the existing utilities is considered incidental to the project
and no separate payment will be made.
Contractor shall coordinate all work with property owners and complete all work
within existing public utilities or irrigation easements. All disturbed surfaces shall be
restored to a condition equal to or better than existed prior to construction. All
surface restoration shall be considered incidental to the project and no separate
payment will be made.
Contractor shall notify Settlers Irrigation District a minimum of Twenty Four (24)
hours prior to starting work on Site #1 and he shall notify Nampa Meridian Irrigation
District a minimum of Twenty Four (24} hours prior to starting work on Sites 2-6.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 11 of 25
5. ACCESS TO PROJECT
Local access, business, and emergency vehicle access shall be maintained at all
times.
6. QUANTITY PAYMENT
Payment will be made for the actual quantity of each bid item completely installed
and accepted by the Owner. Payment will be based upon the units specified for
each item at the unit prices shown in the bid schedule or approved change order.
7. COMPACTION
Compaction requirements shall be in accordance with Section 306 -Trench Backfill,
and applicable sections of Division 800 -Aggregates 8~ Asphalts, of the 1SPWC
Specifications. The cost to complete this work including watering and drying shall
be considered incidental to the cost of the project and no additional payment shall
be made.
All trench excavation and backfill shall conform to Division 300 of the ISPWC. All
excavation and trenching shall meet OSHA requirements and the applicable
portions of Division 300 "Trenching". All cost to complete trench excavation and
backfill is considered incidental to the pipe installation bid item and no separate
payment will be made.
8. LANDSCAPING
The Contractor shall maintain the existing landscaping in the same condition as
found. If the contractor is unable to work around the landscaping then the work
shall be completed and the contractor shall repair ar replace the landscaping to an
"as good or better condition" than existed before work started. The Contractor shall
retain and protect any sprinkler sys#ems encountered, unless specifically designated
otherwise. The cost of this work shall be considered incidental to the project.
9. MISCELLANEOUS
The Contractor shall repair or pay the owner to repair, any utility damaged during
construction. The Contractor shall repair any sprinkler systems damaged during
construction. The cost of these repairs, unless specifically identified as a bid item,
shall be considered as incidental to the cost of the project, and no separate
payment will be made.
Removing and resetting of any existing street signs, fences, mailboxes, or
miscellaneous items as required shall be incidental to the project and no separate
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 12 of 25
payment shall be made.
The Contractor shall perform, coordinate and schedule various construction tasks
such that adequate protection is provided to all existing and new underground
utilities.
10. HIGH VOLTAGE, OVERHEAD, POWER LINES
The Contractor's attention is directed to, and compliance is required with, the
requirements of Title 55, chapter 24, Idaho Code, which regulates certain work by
contractors near high voltage, overhead, power lines.
11. RE-STAKING
Construction surrey stakes destroyed by the Contractor's construction activities
shall be restored at the Contractor's expense. These costs shall be deducted from
progress estimates.
12. RE-TESTING
Re-testing necessitated by the failure of quality assurance testing of materials
placed by the Contractor shall be at the Contractor's expense. These costs shall be
deducted from progress estimates.
13. MATERIAL ON HAND
The Owner may, at his discretion, pay the Contractor for selected materials on-hand
in advance of their installation or being incorporated into the work. Before payment
will be authorized by the Engineer, the Contractor must submit a written request and
a materials invoice on or before the 15th day of the pay period. In addition, the
material must be stored and secured on the construction site or at a storage facility
that is approved by the Engineer. The material will be quantified by the Engineer on
or before the last day of the pay period for payment.
14. ON-SITE SUPERVISION
The General Contractor shall provide competent on-site supervision during any and
all construction activities by his forces or subcontractors. The superintendent shall
be identified at the preconstruction conference, and at a minimum be on-site from
notice to proceed date to the substantial completion date. If for any reason the
superintendent needs to be replaced by the General Contractor, a written notice
must be submitted to the Owner within (5) five working days before the event
occurs.
15. PERMITS
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 13 of 25
The Contractor, at his own expense, shall procure all permits, certificates and
licenses required of him by law for execution of the work. He shall comply with all
federal, state, or local laws, ordinances or rules and regulations relating to the
performance of the work. He shall file such reports of construction as required by
law. The cost for this work is considered incidental to the project and no separate
payment will be made.
Before staring any work inpublic-right-of--way, the Contractor is required to obtain a
right-of--way permit from the Ada County Highway District. Prior to issuance of the
permit the Contractor is required to prepare a traffic control plan and attend apre-
construction conference with the Ada County Highway District. The Contractor is
required to fumish the Engineer a copy of the permit prior to construction. Issuance
of the right-of--way permit is contingent to satisfying bonding and insurance
requirements of the Ada County Highway District. The cost of the permit is
considered incidental to the project unless a specific item is included in the Bid
Schedule for the permit.
All work shall be completed in accordance with the permits issued by the following
agencies: Army Corps of Engineers, Idaho Department of Water Resources, ldaho
Department of Environmental Quality, Nampa Meridian Irrigation District, and
Settlers Irrigation District. A copy of these permits is appended to this document.
The cost for the work required to comply with these permits is considered incidental
to the project and no separate payment wiq be made unless otherwise indicated.
SPECIAL PROVISIONS
1. 206.4.9.1.3 -HAND PLACED RIPRAP
This item includes all materials, equipment, and labor necessary to fumish and
install hand placed riprap and non-woven geotextile fabric at the locations shown
on the plans.
All hand placed riprap and geotextile fabric shall conform to Division 200 of the
2008 ISPWC.
Measurement for hand placed riprap shall be on a cubic yard, plan unit quantity
basis. No final measurement will be made.
Payment for hand placed riprap shall be made on a cubic yard basis, at the unit
price stated in the Contractor's Proposal.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 14 of 25
2. 307.4.1.E.1 - TYPE C SURFACE RESTORATION
This item includes fumishing all materials, equipment, and labor necessary to
complete Type C Surface Restoration as shown on plans.
Type C Surface Restoration shall conform to the 2008 ISPWC and ACHD
supplements.
Measurement for Type C Surface Restoration shall be on a square yard basis for
the surtace restoration actually completed.
Payment for Type C Surface Restoration shalt be made on a per square yard basis,
at the contract unit price stated in the Contractor's Proposal, for the surface
restoration actually completed.
3. 307.4.1.G.1 - TYPE P SURFACE RESTORATION
This item includes fumishing all materials, equipment, and labor necessary to
complete Type P Surface Restoration as shown on plans.
Type P Surface Restoration shall conform to the 2008 ISPWC and ACHD
supplements.
Measurement for Type P Surface Restoration shall be on a square yard basis for
the surface restoration actually completed.
Payment for Type P Surface Restoration shall be made on a per square yard basis,
at the contract unit price stated in the Contractor's Proposal, for the surface
restoration actually completed
4. 401.4.1.A.1 -PVC WATER MAIN
This item includes fumishing all materials, equipment, and labor necessary for
installation of PVC water mains and appurtenances as shown on the plans. This
item includes trench excavation, fumishing and installing pipe bedding,
dewatering, water main piping, finder wire, pipe fittings, thrust blocks, trench
backfill, disinfection, pressure testing, bacteriological testing, and all
appurtenances required for a complete and workable installation.
All materials and installation shall conform to the 2008 ISPWC and the 2008 City
of Meridian Supplemental Specifications and Drawings.
The Contractor shall be responsible for all work effort and associated costs with
any dewatering
required to complete the water main installation. All dewatering shall conform to
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 15 of 25
the 2008 ISPWC and Idaho Water Quality Standards. The Contractor shall obtain
a Short Term Activity Exemption from the Idaho Department of Environmental
Quality (IDEA}. Contact Craig Sheppard (20$) 373-0557 at IDEA for details.
The Owner has not secured any permits to discharge water to any irrigation or
storm drain system. Contractor shall be responsible far securing any necessary
approvals from governing irrigation district, Ada County Highway District, and
private storm drain facility owner's prior to starting dewatering.
The Contractor shall restore all disturbed areas to their preconstruction condition or
better. All work shall be considered incidental to the pipe installation unless
specifically included in another bid item.
Measurement for PVC Water Main shall be on a lineal foot basis, measured
horizontally along the centerline of the installed piping.
Payment for PVC Water Main shall be made on a per lineal foot basis, at the
contract unit price per the appropriate category under Bid Item 401.4.4 .A.1.
based upon the nominal pipe diameter, for the piping actually installed. Payment
for water main shall include all labor, equipment and materials required for a
complete and workable installation including trench excavation and backfill,
dewatering, imported bedding, pipe, fittings, finder wire, thrust blocks,
disinfection, pressure testing, and other appurtenances.
5. 402.4.1.A.1 -GATE VALVES
This item includes furnishing all materials, equipment and labor necessary for
installation of gate valves as shown on the plans. This item includes furnishing
and installing the gate valve, valve box, thrust blocks, and all appurtenances
required for a complete and workable installation.
All materials and installation shall confoml to the 2008 ISPWC and the 2008 City
of Meridian Supplemental Specifications and Drawings.
Measurement for Gate Valves shall be on a per each basis for the valves
actually installed.
Payment for Gate Valves shall be on a per each basis, at the contract unit price
per the appropriate category under Bid Item 402.4.1.A.1. based upon the
nominal pipe diameter, for the valves actually installed. Payment for gate valves
shalt include famishing ali labor, equipment, and materials required for a
complete and workable installation including valves, valve boxes, miscellaneous
fittings, thrust blocks, and all other appurtenances. All trench excavation and
backfll, imported bedding, tracer wire, disinfection, and testing shall be paid
under the pipe bid item.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 16 of 25
6. 703.4.1.A.1 -CONCRETE SLAB AND CUTOFF WALL
This item includes fumishing all materials, equipment, and labor necessary for
installation of the concrete slab and cutoff wall as shown on the plans. This item
includes fumishing and installing the forms, rebar, concrete, and all appurtenances
required for a complete and workable installation.
A[I materials and installation shall conform to the 2008 ISPWC and the 2008 City
of Meridian Supplemental Specifications and Drawings.
Concrete shall be Class 3000 with AASHTO M 85 Type II Portland Cement.
Reinforcing Steel shall be grade 60 conforming to Section 702 of the 2008 ISPWC.
Measurement for Concrete Slab and Cutoff Wall shall be on a cubic yard basis, far
the concrete actually installed.
Payment for Concrete Slab and Cutoff Wall shall be on a cubic yard basis, at the
contract unit price stated in the Contractor's proposal. Payment shall include
fumishing all labor, equipment, and materials required for a complete and
workable installation including reinforcing steel, forms, stripping, finishing, curing,
joints, hauling, and placing required all other appurtenances.
7. 706.4.1.G.1. -CONCRETE REPAIR
This item includes furnishing all materials, equipment and labor necessary to repair
concrete as shown on the plans.
Concrete Repair shall conform to the 2008 ISPWC and 2008 ACHD supplements.
Construction limits for this item shall be as shown on the plans. Any concrete repair
required beyond the specified construction limits shall be made by the Contractor at
his expense and no separate payment will be made.
Payment shall be on a square yard basis for concrete repair actually completed
8. 1103.4.1.A.1 -CONSTRUCTION TRAFFIC CONTROL
This item includes fumishing all materials, equipment and labor necessary to
provide traffic control, including all signs, barricades, flashers and flagging as
necessary during construction.
Contractor shall provide traffic control in accordance with right-of-way permit
obtained from the Ada County Highway District. All roadways shall remain open to
local traffic, school buses, postal carriers, and emergency vehicles at all times.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 17 of 25
Payment for Traffic Control shall be on a lump sum basis, at the contract unit price
per the appropriate ca#egory under Bid Item 1103.4.1.A.1. Payment shall be full
compensation for all labor, equipment and materials required to provide all traffic
control including all signs, barricades, flashers and flagging required forthis project.
9. SP-1 -REMOVE AND RELOCATE EXISTING FIRE HYDRANT
This section of the specifications includes furnishing all materials, equipment,
and labor necessary to relocate existing fire hydrant at the locations shown on
the plans. This item includes removing the existing fire hydrant and any
appurtenances and then reinstalling it according to the plans.
All materials and installation shall conform to the 2008 ISPWC and the 2008 City
of Meridian Supplemental Specifications and Drawings.
The Contractor shall notify the Water Department two (2} working days prior to
closing any existing water valves.
The Contractor shall notify Property Owners two (2} working days prior to
shutting off any water services. Water service may be shut off for a maximum of
four {4) hours.
Measurement for Remove and Relocate Existing Fire Hydrant shall be on a per
each basis, for the fire hydrants actually relocated.
Payment for Remove and Relocate Existing Fire Hydrant shaft be on a per each
basis, at the contract unit price stated in the Contractor's Proposal. Payment
shall be full compensation for all labor, equipment and materials necessary to
relocate existing fire hydrant including excavating fire hydrant and any
appurtenances, installation of fittings and PVC water line as necessary,
reinstallation of fire hydrant and appurtenances, and any other items necessary
for the proper completion of this work.
10. SP-2 LAWN SOD RESTORATION
This item shall include all costs associated with restoration of exis#ing sod surfaces,
in the areas designated on the plans for sod restoration, which are damaged during
construction. Sod restoration shall consist of furnishing and installing- 6-inches of
top soil, starter fertilizer and sod in all damaged areas. Seeding will not be allowed.
Fertilizer shall be a standard startertype fertilized for lawn sod. The application rate
shall be per the manufacturer's recommendations. Sod shall be a locally grown
commercial turf grass mixture suitable for the local climate and conditions.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 18 of 25
Contractor shall repair any damaged sprinkler systems and adjust all disturbed
sprinkler heads. Sprinkler system repair and adjustment shall be considered
incidental to this item and no separate payment will be made.
Construction limits for this item shall be as shown on the plans. Any sod restoration
required beyond the specified construction limits shall be made bythe Contractor at
his expense and no separate payment wilt be made.
Payment shall be on a square foot basis for lawn sod restoration actually installed.
11. SP-3 -HOT TAP EXISTING WATER MAIN
This item shall include all labor, equipment and materials required to hot tap existing
water mains at the locations shown on the plans while they are live and in service
without the need to drain and open cut the main line. The Contractor shall furnish
and install the necessary tapping saddle under this bid item. The isolation gate
valve shall be furnished and installed under Item 402.4.1.A.1. The Contractor shall
fumish the tapping machine and tapping bits as required to complete the work.
All work shall conform to the 2008 ISPWC and the City of Meridian Supplemental
Specifications and Drawings.
CITY OF MERIDIAN WATER MAIN HOT TAPPING
REQUIREMENTS FOR CONTRACTORS
1. Hot taps shall be performed only by CONTRACTORS approved by the City of
Meridian Public Works Department. They must also possess a valid Public
Works CONTRACTORS License for utility installation.
a. A listing of APPROVED hot tapping CONTRACTORS is available on
the City of Meridian website wuvw.meridiancity.org in the Public
Works Engineering Division Section, or by calling the Public Works
Department, Engineering Division directly.
b. Requirements for CONTRACTORS interested in becoming approved
for hot tapping is also available on the website, or by calling the Public
Works Department, Engineering Division directly.
2. Hot taps will only be pertormed according to the Transmate TapMate Pipe
Drilling Machine manual. The manual will be on-site during hot taps.
3. The contractor shall fumish a!I tools and materials required for a complete
installation including testing.
2008 WATER SYSTEM 1=LUSH LINES PW-09-007 page 19 of 25
4. The tapping saddle shall be air tested to 100 psi in the presence of the
inspector.
Measurement for Hot Tap Existing Water Main shall be on a per each basis
regardless of size.
Payment for Hot Tap Water main shall be on a per each basis. Payment shall be
full compensation for all labor, equipment and materials required to furnish and
install the necessary tapping saddle, and tapping of the existing water main while
is live and in service.
12. SP-4 -PIPE DRAIN
This item includes furnishing all materials, equipment, and labor necessary to
construct pipe drain as detailed on the plans. This item includes excavation, pipe
saddle, galvanized iron pipe and fittings, PVC pipe, gate valve, valve box, drain
rock, filter fabric, backfill and ail appurtenances required for a complete and
workable installation.
Pipe saddle shall conform to Section 404 of The City of Meridian Supplemental
Specifications and Drawings.
Galvanized Iron Pipe shall be standard Schedule 40, galvanized iron pipe
conforming to ASTM Specification A53. Pipe fittings shalt be standard Schedule
40 cas# iron, hot dipped galvanized, with threaded connections.
PVC pipe shall be Schedule 80 conforming to ANSI/ASTM D1785.
Gate Valves shall conform to Section 402 of The City of Meridian Supplemental
Specifications and Drawings.
Valve Boxes shall conform to Section 402 of The City of Meridian Supplemental
Specifications and Drawings.
Drain Rock shall be 2-inch washed drain rock shall be locally available screened
and washed rock manufactured for use in drain field applications.
Filter Fabric shall be non-woven drainage geotextile conforming to Section 2050 of
the ISPWC.
Measurement for Pipe Drain shall be on a per each basis for the Piping Drains
actually installed.
Payment for Pipe Drain shall be on a per each basis, at the unit price stated in the
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 20 of 25
Contractor's Proposal.
13. SP-5 -FLUSHING STATION DISCHARGE
This section of the specifications includes fumishing all materials, equipment,
and labor necessary for installation of flushing station discharge at the location
shown on the plans. This item includes all trench excavation and backflll,
furnishing and installing pipe bedding, ductile iron spools, stainless steel screen,
flap gate, pipe fittings, thrust blocks, finder wire, and al! appurtenances required
for a complete and workable installation.
All materials and installation shall conform to the 2008 ISPWC and the 2008 City
of Meridian Supplemental Specifications and Drawings.
Ductile Iron Piping shall be flanged cement mortar lined ductile iron pipe
conforming to AWWA Specification C115, pressure class 250, thickness class
53. All above grade fittings shall be flanged cement mortar lined, ductile iron
fittings conforming to AWWA Specification C110. Below grade fittings may be
flanged or mechanical joint, cement mortar lined, ductile iron fittings conforming
to AWWA Specification C110. Cement mortar lining shall conform to AWWA
Specification C104.
Measurement for Flushing Station Discharge shall be on a per each basis for the
discharges actually installed. Pay limits begin at the buried 45° bend and end at
the flap gate.
Payment for Flushing Station Discharge shall be made on a per each basis, a#
the contract unit price per the appropriate category under Bid Item SP-5, for the
discharges actually installed. Payment for flushing station discharge shall
include all labor, equipment, and materials required for a complete and workable
installation including trench excavation and backfill, imported bedding, spools,
screen, flap gate, fittings, finder wire, thrust blocks, and other appurtenances.
14. SP-6 - BY-PASS PIPE AND COFFER DAM
This item includes furnishing all materials, equipment and labor required to by-pass
flows in the South Slough, Nine Mile Creek, and Ten Mile Creek around placement
of the riprap. All materials and workmanship shall be as outlined in the License
Agreement with the Nampa Meridian Irrigation District, and the permits issued by
the U.S. Army Corps of Engineers, the Idaho Department of Water Resources, and
the Idaho Department of Environmental Quality for this project. Copies of these
documents are appended to these Special Provisions.
AEI in water work shall be performed during the off-imgation season and contractor
shall install an underwater sediment control mats downstream of each location prior
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 21 of 25
to starting any in-water work. Underwater sediment mats shall be removed after
work is completed. Underwater sediment control mat shall be a "Sedimat~
manufactured by Hy-Tex or approved equal. Review appended permits for
additional construction activity requirements.
At the Contractor's discretion he may install the coffer dam without the bypass pipe
and pump any water around the site. The underwater sediment mat shall still be
installed downstream of the site. No separate payment will be made for pumping
the water around the site.
Measurement for the By-pass Pipe and Coffer Dam shall be on a per each basis.
Payment for the By-pass Pipe and Coffer Dam shall be on a per each basis, at the
price stated in the Contractor's Proposal.
15. SP-7 -STORM WATER MANAGEMENT
This item includes furnishing all materials, equipment and labor required to provide
storm water management during construction in accordance with the City of
Meridian's Construction Storm Water Management Program and the permits issued
by the U.S. Army Corps of Engineers, the Idaho Department of Water Resources,
and the Idaho Department of Environmental Quality.
This project is expected to disturb less than 1 acre and therefore storm water
management shall comply with the Section (3.1.6) of the City of Meridian's
Construction Storm Water Management Program as follows:
3.1.6 Erosion and Sediment Control Plans
For City projects that disturb less than 1 acre and therefore do not
require coverage under the CGP, the City will require the Contractor to
develop an Erosion and Sediment Control Plan (ESCP) to proactively
manage storm water from the construction project. The ESCP will be a
simplified version of the SWPPP associated with larger projects and
include the following components:
^ Project name, location map, and responsible Contractor;
^ Project description;
^ Identifcation of potential impacts on water quality; and,
^ Plan drawings depicting storm water management strategy,
including the management of wastes and non-storm water
discharges.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 22 of 25
The ESCP will be submitted prior to the beginning of construction
activities for City approval. The City Engineer shall review and approve
the ESCP prior to the beginning of construction. The ESCP shall be
updated as required throughout construction phase using a similar
amendment process to that for SWPPPs. The ESCP will be active on
each project until the City accepts the contract.
The Contractor shall also submit the ESCP for the construction site to ACRD for
review and approval prior to construction. The ESCP shall be developed and
implemented in accordance to ACHD's Erosion and Sediment Control Policy. The
Contractor is fully responsible for the preparation and implementation of the ESCP.
Implementation of the approved ESCP must commence prior to the initiation of.any
earthwork or plan as necessary to ensure compliance. An ACHD approved ESCP
plan does not obviate the need to obtain other Federal, state, or local authorizations
required by law to comply with the Clean Water Act.
The Contractor shall prepare and file a Notice of Intent (NOI), Storm Water Pollution
Prevention Plan (SWPPP), and Notice of Termination (NOT) with the Environmental
Protection Agency (EPA) as appropriate for this project in order to comply with the
Clean Water Act.
Measurement for Storm Water Management shall be on a lump sum basis.
Payment for Storm Water Management shall be on a lump sum basis, at the
contract unit price per the appropriate category under Bid Item SP-7.
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW-09-007, are by this reference made a
part hereof.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 23 of 25
Attachment B
MILESTONE /PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$55,054.00.
TASK DESCRIPTION Estimated Unit Unit Price Bid Item
Quant' Bid Total
206.4.1.1.3 Hand Placed Riprap 109 CY $65.00 $7,085.00
307.4.1.E.1. Type "C" Surface 22 SY $20.00 $440.00
Restoration
307.4.1.G.1. TYpe "P" Surtace 62 SY $30.00 $1,860.00
Restoration
401.4.1.A.1.a. 6n, Class 150, C900, 78 LF $45.00 $3,510.00
PVC Water Main
401.4.1.A.1.b. 8", Class 150, C900, 90 LF $50.00 $4,500.00
PVC Water Main
402.4.1.A.1.a. 6" Gate Valve 1 EA $850.00 $850.00
402.4.1.A.1.b. 8" Ga#e Valve 3 EA $1,200.00 $3,600.00
703.4.1.A.1. Concrete Slab and 3 CY $400.00 $1,200.00
Cutoff Wall
70fi.4.1.G.1. Concrete Re air 13 SY $35.00 $455.00
1103.4.1.A.1.a Cons#ruction Traffic 1 $300.00 $300.00
Control Site #1 LS
1103.4.1.A.1.b Construction Traffic 1 $300.00 $300.00
Control Site #4 LS
1103.4.1.A.1.c. Construction Traffic 1 LS $800.00 $800.00
Control Site #6
Remove and Relocate $900.00 $900.00
SP-1 Existing 1 EA
Fire H drant
SP-2 Lawn Sod Re air 377 SF $2.00 $754.00
SP-3 Hot Tap Existing 3 ~ $2,500.00 $7,500.00
Water Main
SP-4 Pi a Drain 5 EA $700.00 $3,500.00
SP-5a Flushing Station #1 1 ~ $2,500.00 $2,500.0
6 ~ Dischar e
SP-5b Flushing Station #2
" 1 ~ $2,800.00 $2,800.00
8
fd Dischar e
200$ WATER SYSTEM FLUSH LINES PW-09-007 page 24 of 25
SP-5c Flushing Station #4 1 ~ $3,000.00 $3,000.00
8 fd Dischar e
SP-5d Flushing Station #52
" 1 ~ $2,500.00 $2,500.00
6
fd Dischar e
SP-5e Flushing Station #6
~~ 1 ~ $2,800.00 $2,800.00
g
Q~ Dischar e
SP-6 BY-Pass Pipe and 3 ~ $600.00 $1,800.00
Coffer Dam
SP-7a Storm Water 1 LS $350.00 $350.00
Mana ement Site #1
SP-7b Storm Water 1 LS $350.00 $350.00
Mana ement Site #2
SP-7c Storm Water 1 LS $350.00 $350.00
Mana ement Site #3
SP-7d Storm Water 1 LS $350.00 $350.00
Mana ement Site #4
SP-7e Storm Water 1 LS $350.00 $350.00
Mana ement Site #5
SP-7f Storm Water 1 LS $350.00 $350.00
Mana ement Site #6
TOTAL $ 55,054.00
Travel expenses will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
2008 WATER SYSTEM FLUSH LINES PW-09-007 page 25 of 25