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HomeMy WebLinkAboutIndependent Contractors Agreement with Guho Corporation for Well No 23 Pumping FacilitiesCI-i-Y Of-~ MERIDIAN WELL NO. 23 PUMPING FACILITIES l NOTICE OF AWAR® - DATED. ~o~o~__- -~------- ---- -- - y/ PROJECT DESCRIPTION: WELL NO. 23 Pl1MPING FACILITIES The OWNER has considered the Bid submitted by you for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notifed that your Bid has been accepted for (description): The construction of pumping facilities for Well No. 23 including site grading; asphalt driveway; 16'x2' concrete block pump house; vertical turbine pump and motor; discharge piping; electrical controls; heating, ventilation and air conditioning; and appurtenances. In the amount of T,,,~o /~/,.«.~rt~ 7~i,,,~e.. ~y fie.., Tl~ecis~_Z1~~r~ ~~?..e ~~~__2'°'ew~ ~.r~ Dollars ($ ~~ s/ O ~~ . ac~__). You are required to fully execute the Agreement and furnish the required Contractor's Performance bond, Payment Bond, Certificates of Insurance, and Public Works Contract Report within ten (10) calendar days from the date of the notice to you, that is by _ ~__0 2002. ~-_- If you fail to execute said Agreement and to furnish said bonds and certificates of insurance within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider alt your rights arising out of the OWNER's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: CITY OF RIDIAN, IDAHO By. E*.•"°N ~. Name: ROBERT D. CORRIE Title: MAYOR Approved by City Council STANDARD FORMS ".i' ° ~ i O°L ATTEST: By: ,C~~~i~~"L~ ~~SfA i'~; WILLIAM G. BERG, JR. ~`~ITY CLERK - _-.y~,yyg~.,_,,, ,. .~, ,,, ~ ~ , , L~ 4`1 1 .r '• ~ r'":. SF-7 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the ___1.3_TFi_ day of I~AY __ _ rn the year 2002___ b and between City of Meridian, Ada County, Idaho (hereinafter called OWNER and ___ ._ ( ereinafter 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: The work includes the construction of pumping facilities for Well No. 23 including site grading; asphalt driveway; 16'x28' concrete block pump house; vertical turbine pump and motor; discharge piping; electrical controls; heating, ventilation and air conditioning; and appurtenances. The Project for which the Work under the Contract Documents is described as follows: Well No. 23 Pumping Facilities Article 2. ENGINEER The Project has been designed by Civil Survey Consultants, Inc. 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. CONTRACT TIME. 3.1 The Work will be completed within one hundred twenty (120) days from 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. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that hme is of the essence of this Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two STANDARD FORMS SF 1 Hundred Fifty dollars ($250.00) for each 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 from the contract and complete remaining work as required. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows:. ~ ~ y, p 3 9 . ~ o Article 5. PAYMENT PROCEDURES. 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. 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 25'h day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in paragraph 4.1 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 less such amounts as ENGINEER, shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. • Less percentage of retainage indicated in the Supplemental Conditions. • 100% of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory 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. 5.2 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 STANDARD FORMS SF-2 the Contract Nr ce as rec~r~irr~ended by FN~~INt.~K as prov d~ci n 5a ~~ 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. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized 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, performance or furnishing of the Work. 7.2. 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 of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility 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. 7.4. 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 respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at 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 4.3 of the General Conditions. STANDARD FORMS SF-3 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he 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 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceptance of Notice of Award 8.6 General Conditions. 8.7 State of Idaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Special Provisions. 8.10 Drawings. 8.11 Appendix. 8.12 Invitation To Bid. 8.1 ~ Information for Bidders. 8.14 Addenda. 8.15 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other STANDARD FORMS SF-4 documents amending, modifying, or supplementing the Contract Documents pursuant to Articles 1 1 and 12 of the General Conditions 8.18 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 Articles 1 1 and 12 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 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 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. 9.3. 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. STANDARD FORMS SF-5 Article 10. OTHER PROVISIONS. 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 or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on IIAY 13TH Owner OF MERIDIAN By: Name: Robert D. Corrie. Mavor Contract G U H O C O R P. 2002 Name: MARK N. GUHO Approved by City Counc~~,~" 2. 0~~""l1''~~ G~ pOR~~4 TF ~ ~~.. [CORPORATE E~LJ ~ SEAL ,~ o~ Attest .~ " °j ~OA~E William G. Bey ~r r~P ~~.~~~ Address for ivin notice "-~'t.,P~z`(~ ~~~ 9 9 ~,,~ : , , ; ~ :, ,,,,,,,~~ 33 East Idaho Ave. Meridian. ID 83642 Address for giving notices 391 4J. STATE ST., SUITE G EAGLE, IDAHO 83616 Public Works License No. 12569-AAA-1-3 (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) STANDARD FORMS SF-6