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HomeMy WebLinkAboutStandard Form of Agreement with Butte Fence, Inc. for WWTP Security FenceSTANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE s~ nn THIS AGREEMENT is dated the 1 day of /~M~-~ r in the year 2007 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Butte Fence, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, inconsideration of the mutual covenants hereinafter set forth, agree as follows: Article I WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally descnibed as follows: The Project consists of 3,800 feet of security fence to encircle the wastewater plant complex. This includes three gates and three strands of barbed wire on the fence crown. The Project for which the Work under the Agreement is described as follows: WWTP Security Fence. AU replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within forty five (60) calender days from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $47,571.35 Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by the Public Works Department, on or about the 15~` day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upan completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30} days. 7/30/2007 Page 1 of 3 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCiJMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement -NIA. 8.3 Information For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.10 City of Meridian Standard Specifications & Drawings - 2002 8.11 EJCD General Conditions There aze no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. 7/30/2007 Page 2 of 3 Article 9 MISCELLANEOUS. 9.1 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 parry sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.Z 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 20 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreemem in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. ~t s f The Agreement will be effective on t"la~~r , 2007. Owner CITY OF MERIDIAN Contractor ~~ ~'''~~- ~"~ C r ~` , •vs;~' ~` ,~'= ~ ~~~ ` ,~-' Name: Tamm de Vii er Name: - ~J ~ ` y Attest: ~• Attest: illiam Gamer Jr. C = 7l3 ~~o ~ ~, ~, Approved by City Coi~pc~' 7, ~,.-' ~ ~ `~1Hfuu.e,~ ~` F ~ ~ ~~ ~~jt!/jirfiF4 ilf Ll i.,l~~" ~: d•~~~_J q O. _ tea' is ~„ y p ~~ Q `~ ~ ~ ~ 'i i. a i ~~ ~ I :,~ e~aea~ ~ ,~~ 6 ~ ,~ ~~I ` ~ ~ ~~~ , I J ~ t , 7/30/2007 Page 3 of 3 EXHIBIT A ~ o'~~#' 07 Z7 TASK ORDER NO. I ~ WATER SYSTEM REDUNDANCY AND STORAGE EVALUATION CITY OF MERIDIAN This Scope of Services is for Professional Services between Murray, Smith & Associates Inc. (MSA) and the City of Meridian. Services authorized by this Task Order No. 1 shall be for professional engineering services in support of the City's Wa#er System. The terms of this Task Order shall be in accordance with the MSA Master Agreement for Professional Services. Backgrotutd A Water Master Plan Update (WMP) was completed for the City of Meridian in May of 2006 and was subsequently approved by the Idaho Department of Environmental Quality (IDEQ}, Many of the requirements listed in the updated IDAPA 58.01.08.502 were addressed in that plan; however, a comprehensive evaluation of the City's water infrastructure in terms of redundancy and storage is required by IDEQ. In order to comply with these requirements, the following work program is proposed. SCOFE OF SERVICES Task -1 Evaluate the IDEQ requirements for Standby Power, Mechanical Redundancy and the Components of Storage. This evaluation will include comparing the 200b WMP to current IDEA requirements and preparing a letter report that addresses any resulting issues. Based on the contents of the WMP, no significant issues are anticipated; however some clarification maybe required as the new rules were discussed with IDEQ during the preparation of the plan but prior to their adoption. AssnmpNons: Demand information available in the 2006 WMP will be used for the evaluation. No collection or evaluation of newer production or demand information will be provided. Deliverables: A draft letter report to IDEQ will be prepared that will address the Facility Plan Requirements of the "Idaho Rules for Public Drinking Water Systems" per IDAPA 58.01.08.502. After City review and comments, a final letter report will be submitted to the IDEQ. City of Meridian HURRAY, SMITH & ASSOCIATES, INC. Task Order No.l June 2©07 Engineers/Planners BUDGET The overall Not-to-Exceed Budget for this task is shown in Table 1. The work will be billed on a time and expenses basis under the terms of the MSA Master Agreement for Professional Services. The total budget shall not be exceeded without written authorization. Table 1 Labor Hours and Total Project Costs Task Number Labor Hours Total Cost Task 1-Redundancy and Storage Evaluation 78 $10,000 Project Totals 78 $10,000 TIME OF PERFORMANCE The completion date for this Task Order is 60 calendar days from Authorization to Proceed. MSA will make every effort to complete the work in a timely manner; however, it is agreed that MSA cannot be responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time this Task Order was executed. Tammy de Wep ayor ,;~ <'-~ "~ .~~... _ , , d G~ , , F, ~..'..,,,. ~., ~ Date: ~~ ' ~ 7 / :~-'` 'c~,'•, f ~ ~;~.~t ~! _ it~i7arn G. Berg, ]r., City C ..~, ~~ ff Date: !' 26 --Q ~ - `~,~~"~ T f~.t l~~i` ~~' `0 .~- ~ti Approved byCiiyCouncil: J"'~~ ~~)(,~' ~ •'`r,:,~+:a^st+~,~~~~ Murray, Smith\& Associates Inc. By: ~ r- /` Title: 7~.1f~lo~" i r~'.irteCr .f4socc~'L Date: -7 / 9/U7 City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Task Order No.I June 2007 EngineecslPlanners