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HomeMy WebLinkAboutStandard Form of Agreement with Thueson Construction for White Drain SewerEJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A UNIT PRICE THIS AGREEMENT is dated as of the IS}~ day of Ma- in the year 2002 by and between City of Meridian, Idaho (hereinafter called OWNER) and Thueson Construction. Inc. (hereinafter call 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: Sanitary sewer trunk line construction and related work. Article 2. ENGINEER The project has been designed by Keller Associates, 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 substantially completed within 160 calendar days from the date when the Contract Time 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 General Conditions within 190 days after the date when the Contract Time commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR 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 3.1 above, plus any extensions thereof allowed in accordance with paragraph Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving 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 penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($ 200.00) 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 time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Fifty Dollars ($ 50.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Project No. 199062 EJCDC - 1 City of Meridian Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum as follows: for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item. UNIT PRICE WORK ESTIMATE D UNIT TOTAL -ITEM NUMBER ITEM DE8CRIPTION QUANTITY UNIT PRICE ESTIMATED 201.4.1.6.1 Clearin and Grubbin 1 LS 17,300.00 17,300.00 Removal of Obstructions (pipes, 207.4.1.A.1 trees 1 LS 2,300.00 2,300.00 304.4.1.A.1 Trench Stabilization 1,500 CY 9.10 13,650.00 Type "P" Surface Restoration 307.4.1.F.1 As halt Roadwa 100 LF 48.30 4,830.00 Gravel Access Road -See Plan 307.4.1.1.1 Detail 17,400 LF 6.70 116,580.00 Sewer Service Line, Size 4-Inch 504.4.1.A.1.a Sta. 41+00 to 55+00 240 LF 17.50 4,200.00 Sewer Service Line, Size 4-Inch 504.4.1.A.1.b Sta. 97+00 to 129+00 300 LF 17.30 5,190.00 Solid Wall Gravity Sewer Pipe -size 501.4.1.6.1 .a 24"-t a ASTM F 679 5,881 LF 32.40 190,544.40 Solid Wall Gravity Sewer Pipe -size 501.4.1.B.1.b 18"-t a ASTM F 679 5,971 LF 25.40 151,663.40 501.4.1.6.1.c Solid Wall Gravity Sewer Pipe -size 12"-t a ASTM D 3034 5,756 LF 18.40 105,910.40 Solid Wall Gravity Sewer Pipe -size 501.4.1.6.1 .d 10"-t a ASTM F 3034 20 LF 45.00 900.00 Solid Wall Gravity Sewer Pipe -size 501.4.1.B.1.e 8"-t a ASTM D 3034 260 LF 32.20 8,372.00 Solid Wall Gravity Sewer Pipe -size 501.4.1.B.1.f 6"-t a ASTM F3034 10 LF 14.90 149.00 501.4.1.C.1.a CCTV Ins ection -Size 24" 5,881 LF 1.00 5,881.00 501.4.1.C.1.b CCTV Ins ection -Size 18" 5,971 LF 1.00 5,971.00 501.4.1.C.1.c CCTV Ins ection -Size 12" 5,756 LF 0.90 5,180.40 48" Dia. Sanitary Sewer Manhole - 502.4.1.A.1.a T e A 21 EA 2,020.00 42,420.00 60" Dia. Sanitary Sewer Manhole - 502.4.1.A.1.b T e A 55 EA 3,450.00 189,750.00 Project No. 199062 EJCOC - 2 City of Meridian 36" Culvert, Corrugated Galvanized 601.4.1.A.6.a Steel Pie CGSP 40 LF 32.40 1,296.00 24" Culvert, Corrugated Galvanized 601.4.1.A.6.b Steel Pi a CGSP 40 LF 26.80 1,072.00 21"Culvert, Corrugated Galvanized 601.4.1.A.6.c Steel Pi a CGSP 29 LF 27.10 785.90 601.4.1.A.6.d 18" Culvert, Corrugated Galvanized Steel Pi a CGSP 105 LF 19.20 2,016.00 601.4.1.A.6.e 15" Culvert, Corrugated Galvanized Steel Pi a CGSP 55 LF 19.70 1,083.50 601.4.1.A.6.f 12" Culvert, Corrugated Galvanized Steel Pi a CGSP 44 LF 19.40 853.60 601.4.1.A.6. 10" Culvert, Corrugated Galvanized Steel Pi a CGSP 10 LF 36.10 361.00 601.4.1.A.1.a 18", Gravity Irrigation Pipe, Class III, ASTM C76 Reinforced Concrete Pie 3 LF 63.10 189.30 601.4.1.A.2.b 12", Gravity Irrigation Pipe, Class III, ASTM C76 Reinforced Concrete Pie 50 LF 19.10 955.00 802.4.1.A.1 3/4 inch Crushed Aggregate Base Material Coo er Pro ert 40 CY 9.10 364.00 1103.4.1.A.1 Construction Traffic Control 1 LS 1,730.00 1,730.00 2010.4.1.A.1 Mobilization 1 LS 46,700.00 46,700.00 Sp-1 T-T a Cleanout 5 EA 249.00 1,245.00 SP-2a 6' Chainlink Fence Coo er Pro ert 670 LF 10.90 7,303.00 SP-2b 4' Chainlink Gate Coo er Pro ert 2 EA 288.00 576.00 SP-2c 6' Chainlink Gate Coo er Pro ert 1 EA 633.00 633.00 SP-2d 3-Strand Temporary Barbed Wire Fence Coo er Pro ert 670 LF 3.50 2,345.00 SP-2e Gate Relocation Coo er Pro ert 4 EA 690.00 2,760.00 SP-2f Fence Relocation Coo r Pro ert 170 LF 6.90 1,173.00 SP-3 Sewer Crossin Si na a 10 EA 230.00 2,300.00 SP-4a T e-I Concrete Irri ation Structure 1 EA 1,330.00 1,330.00 SP-4b T e-II Concrete Irri ation Structure 1 EA 1,330.00 1.,330.00 SP-5 Concrete Headwall 4 EA 1,860.00 7,440.00 SP-6 ASTM C-33 Sand for Arena (Cooper Pro ert 13 CY 23.00 299.00 SP-7 12" Waterman C-10 Canal Gate 1 EA 993.00 993.00 SP-8 Tem ora Ditch Relocation 2 EA 3,450.00 6,900.00 SP-9 Seedin 1,240 SY 0.50 620.00 Project No. 1962 EJCDC - 3 City of Meridian Concrete Irrigation Ditch SP-10 I (Quenzer Property) 11,252 I LF 20.10 125,165.20 SP-11 I T TOTAL LS 3,450.00 13,450.00 $ 994,060.10 Project No. 199062 EJCDC - 4 City of Meridian TOTAL OF ALL UNIT PRICES: As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by the OWNER, or ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03. B of the General Conditions. 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; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR' Applications for Payment as recommended by ENGINEER, on or about the 15 day of each month during construction. All progress payments will be on the basis of the progress of the work measured by the Unit Price Work based on the number of units completed. The estimated Work completed shall include the value of accepted materials which are in a condition or state of fabrication ready to be incorporated into the Work. Until such time as the work is accepted by OWNER, the retained percentage shall be five (5%) percent of the value of the completed work. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract amount based on the unit prices bid multiplied by the actual quantities in the completed work. 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 the Project. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this 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 given ENGINEER written notice of alt conflicts, errors or Protect No. 199062 EJCDC - 5 City of Meridian discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.3 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 4.04 of the General Conditions. 7.4 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. 7.5 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. 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, Payment and other Bonds 8.4 Notice to Proceed 8.5 General Conditions 8.6 Supplementary Conditions 8.7 Special Provisions 8.8 Meridian City Specifications 8.9 Technical Specifications - 2000 Idaho Standards for Public Works Construction 8.10 Drawings 8.11 All Addenda 8.12 CONTRACTOR's Bid Project No. 199062 EJCDC - 6 City of Meridian 8.13 Documentation submitted by CONTRACTOR prior to Notice of Award 8.14 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 documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions or Supplementary Conditions. 8.15 The documents listed in paragraphs 8.2 et seq. 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 paragraph 3.04 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. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Article 10. OTHER PROVISIONS {none} Protect No. 199062 EJCDC - 7 City of Meridian 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, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. The Agreement will be effective on Mai !S , 2002. Owner City of Meridian Contractor Thueson Construction, Inc. 660 E. Watertower 455 South Kings Road 'dian Idah 83642 Nampa Id ho 836~~" ----~---_ ~ -~~ - - - R art D.c~tri~ ~ /Wg`~~Ypf ER/~~`'%, -- - - - - (CORP RATE SEAL] ~ \~o~o~ r~ P RATE SEAL] =- -. Attest s~no,ra v. A c; y.~ta e K ~ Address for giving notices %,~ yo c~T 15~ .'~`~ ~O `~;' A dress for giving notices ,, ,~ ~t~o E • Wo~Q~tawQr , s~ ; to zragq, c~a , ~..T.~ . ~~PS ~~~ ~!~~ ~~ ~11~er~d'row , =D ~3(c9Z /YGrnP~c ~J~~a ~53~~'~ License No. /SO~Z -~}l~-`~T7,5 I~IZ, lG, Zz', 2~; 3Z, 3q, `[3, Agent for service of process: Federal Employer ID No. ~Z - ©53`f ~~/ Protect No. 199062 EJCDC - 8 City of Meridian