HomeMy WebLinkAboutStandard Form of Agreement with Star Construction for Fire HydrantEJCDC
Standard Form of Agreement
Between OWNER and CONTRACTOR
On the Basis of a Stipulated Price
THIS AGREEMENT is dated as of the ~ ~ day of T" I, in the year 2002 by and between City
of Meridian, Ada County, [daho (hereinafter called OWNER) and _" ~~~~ ~ .. : v (hereinafter
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 project consistes of replacement of 5 fire hydrants and installation of
new fire hydrants It is the intent of these documents to describe the work required to complete this project in sufficient
detail to secure 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 [,ocal, State and Federal requirements.
Article Z ENGINEER The Project "2002 Fire Hydrant Project" has been designed by City of Meridian 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 45 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 time is of die essence of this Agreement.
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER one hundred ($100) dollars for each calendar 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. OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents in current funds in accordance with unit prices bid; see Exhibit A to this Agrcement.
Article 5 PAYMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment in accordance
with ARTICLE 14 of the General Conditions. ENGINEER will process applications for Payment as provided in the
General Conditions.
5.1 Progress Payments. OWNER shalt 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 25th day of each
month during construction, as provided below, for Applications submitted to the Engineer prior to or on the
25th day of the previous 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 and in the case of Unit Price Work, based on the
number of units completed.
~. L I 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.
2002 Eire Hydrant Project Page 1 of ~
100 % of work completed (less 5% retainage).
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. l3 of the
General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as
provided in said 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 [he 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.
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 the
Contractor has discovered in the Contract Documents and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
2002 Fire Hydrant Project Page 2 of 5
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 Technical Specifications.
8.10 Drawings.
8.11 Appendix.
8.12 Invitation To Bid.
8.13 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 documents amending, modifying, or supplementing the Contract
Documents pwsuant to ARTICLE I 1 and ARTICLE l2 of the General Conditions.
8. l8 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 ARTICLE l 1 and ARTICLE 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
2002 Fire Hydrant Project Page 3 of 5
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.
Article 10 OTHER PROVISIONS. None
IN WITNESS WI-IEREOF, 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 ~.s ~ v $' , 2002.
h r~ .1
Owner ;~~IO~ 1 f .~,~ Contractor ST ~KCI~d~ G'am'
B : '~1 v~V/' By:
y
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Name: Robert D~~oXrCr~,F/O /~i,
Approved by~it}v ~`"~ 2
= SEAL
~coRPOR~E s ~ ~~`~
~~~. 9Q SST i S~ ~ ~ Q•ZO ~~~:
.9
William G. Berg, Jr. City Clerk
Address for giving notices
3 3 East Idaho Ave.
Meridian, ID 83642
Public Works License No
Name: y~X/G/L ..~~ ~'/~~ ~Z
(CORPORATE SEAL)
Attest ~j .
V
Address for giving notices
~i~~ ~~~/~ 8 36l
1~~Z8 ;8~
If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing
2002 Eire Hydrant Project Page 4 of 5
Exhibit A
Item Description
1 Mobilization
2 Replace Hydrant at East 2nd and Carlton.
3 New Hydrant at West 1st and Washington
4 New Hydrant at East Ada and 3rd Street.
5 New Hydrant at East and and Broadway.
6 New Hydrant at 1400 NW 8th Street.
7 New Hydrant at West 15th and Tana.
8 Replace Hydrant at NW 12th and Newport Drive.
9 Replace Hydrant at 1533 Elm Place.
10 Replace Hydrant at 1424 West Chateau.
11 Replace Hydrant at 1532 West Chateau.
TOTAL
Units
LS
LS
LS
LS
LS
LS
LS
LS
LS
LS
LS
Cost
$340.00
$2,295.00
$3,826.00
$3,366.00
$3,776.00
$4, 011.00
$4,037.00
$2,660.00
$2,600.00
$2,535.00
$2,512.00
$31,958.00
2002 Fire Hydrant Project Page 5 of 5
Colonial American Casualty and Surety Company
PERFORMANCE BOND
AIA 311 Equivalent
Bond No. 08646660
KNOW ALL MEN BY THESE PRESENTS that:STAR CONSTRUCTION, L.L.C.
3624 NORTH CAN-ADA RD; NAMPA, ID. 83687
as Principal, hereinafter called Contractor, and Colonial American Casualty and Surety Company, a
corporation duly organized under the laws of the State of Maryland, as Surety, hereinafter called Surety, are held and
firmly bound unto COLONIAL AMERICAN CASUALITY AND SURETY CO.
33 ROCKHILL RD; BALA CYNWYD, PA. 19004
as Obligee, hereinafter called Owner, in the amount of THIRTY-ONE THOUSAND, NINE HUNDRED FIFTY-EIGHT
DOLLARS AND 00/100---------------------------------____-- -- Dollars
-----------------------------
$31,958.00
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
WHEREAS, Contractor has by written agreement dated (dated no later than this bond) entered into a contract with
Owner for CITY OF MERIDIAN; 33 EAST IDAHO AVENUE; MERIDIAN, ID 83642
total contract amount being $31,958.00 and in accordance with Drawings and Specifications prepared by
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default and terminated under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions and upon determination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though
there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof The term "balance of
the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract
and any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years {three (3) years for projects in North Carolina} from the
date on which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner.
Signed and sealed this 20TH day of ,TUNE ,200 2
( 'mess)
JEN E M. RICE ~ fitness)
STAR CODT'3'DRUCTIOAF~ L.L.C.
(Prin ' a (Seal)
BY: ~ ~ Di%lt«GC~ ,C~P~'
(Title)
Colonial erican asualty Suret Company
--
RYL RICHTER (Attorney-in-Fact)
Colonial American Casualty and Surety Company
LABOR & MATERIAL PAYMENT BOND
AIA 311 Equivalent
Bond No 08646660
KNOW ALL MEN BY THESE PRESENTS that: STAR CONSTRUCTION, L.L.C.
3624 NORTH CAN-ADA RD.
NAMPA, ID. 83687
as Principal, hereinafter called Principal, and Colonial American Casualty and Surety Company a
corporation organized under the laws of the State of Maryland, as Surety, hereinafter called Surety, are
held and firmly bound unto CITY OF MERIDIAN
33 EAST IDAHO AVENUE
MERIDIAN, ID. 83642
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
THIRTY-ONE THOUSAND, NINE HUNDRED FIFTY-EIGHT DOLLARS AND 00/100--------- Dollars ($31,958.00 )
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated (dated no later than this bond)
entered into a contract with Owner for
2002 FIRE HYDRANT REPLACEMENT
total contract amount being$31,958.00 in accordance with Drawings and Specifications prepared by
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and
material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the
date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums
as maybe justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
Page 1 of 2
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any
two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is
made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same
by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at
any place where an office is regularly maintained for the transactions of business, or served in any manner in which
legal process may be served in the state in which the aforesaid project is located, save that such service need not be
made by a public officer.
b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the
Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of Mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 20TH day of NNE 2002
fitness)
JEN E M. PRICE (Witness)
STAR COI~J,S~RUCTION, L.
ByPrinc~ ~tis=~jc..~c~`~.. (Seal)
,,{(( ~~,LZ~ c ~-' (Title)
Colonial American Casualty a~ Surety Company
B.
YL CHTER
(Attorney-in-Fact)
Page 2 of 2
08646660
296 Power of Attorney
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY, a corporation of the State of Maryland, by F. L. BORLEIS, resident, and T. C. JOHNSON, Assistant
Secretary, in pursuance of authority granted by Article Vl, Section 2, ~~y-Laws o Company, which are set forth
on the reverse side hereof and are hereby certified to be in full effect on~h~ ate hereof, does hereby nominate,
constitute and appoint Irwin L. ROGERS and Kary1~A~ ER, bo>ise, Idaho, EACH its true and lawful
agent and Attorney-in-Fact, to make, execute, seal and 1 r, for, and~~t ehalf as surety, and as its act and deed: any
and all bonds and undertakings, each in a pe ~ot to excee-~ sum of SIX MILLION DOLLARS ($6,000,000)
and the execution of such bonds or undertak~l~n pursuanc~~Ehese presents, shall be as binding upon said Company, as
fully and amply, to all intents and p ~s, as if th~~~ .~~kbeen duly executed and acknowledged by the regularly elected
officers of the Company at its offic~altimor , ul their own proper persons.
The said Assistant Secretary does here ~~fy that the extract set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the By-Law Company, and is now in force.
IN WITNESS WHEREOF, ~~id Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 16th day
of May, A.D. 2000.
ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~~
SEAL~• ~~
~~~~ By: d ~ IC,g
T. C. Johns Assistant Secretary F. L. Borleis Vice-President
State of Maryland
ss:
County of Hanford
On this 16th day of May, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came F. L. Borleis, Vice-President and T. C. Johnson, Assistant Secretary of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
~v. ~.7Rp41
Q i
a NGTARY -
_ ?UiLG. S / _ / / 1 .
,~ °so coca
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
L 1428-186-2098
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the
Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may
require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees,
mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do
hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force
and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of
Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any
Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution
of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly
called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said
Company, this
20TH day of JUNE 02
u~.0" ~~~
Assistant Secretary