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HomeMy WebLinkAboutStandard Form of Agreement with Treasure Valley Drill for Well No 25 ;..) EJCDC Standard Form of Agreement Between OWNER and CONTRACTOR On the Basis ora Stipulated Price TIDS AGREEMENT is dated as of the (; day of Ot'.~cr in the year 2003l; betw99'1 City of Meridian, Ada County, Idaho (hereinafter called OWNER) and~eo(u,e!'- :h ~ (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 conlract Documents. The WORK is generally described as follows: The project includes construction of two municipal wa1er supply wells including, bu1 not limited to, drilling, waler quality sampling, ins1allation of casing, screens and surfuce seal, development, tes1 pumping, and site restoration and related work. It is 1he intent of these documen1s to describe the work required to complete this project in sufficient detail 10 secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a comple1e ins1allation shall be included in the bid and shall confonn to aU Local, State and Federal requiremen1s. Article 2 ENGINEER. The Drilling & Construction of Supply Well 25 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 righ1s 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 sixty (60) days mm the date when the Conlract Time commences to run as provided in paragraph 2.3 of the General Conditions, paragraph 3.14 of the Well Drilling section, and comple1ed 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 ofthe essence of this Agreement OWNER and CONTRACTOR agree that as liquidated damages for delay (but no1 as a penalty) CONTRACTOR shall pay OWNER $250.00 for each calendar day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substan1ially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fuil10 complete the remaining Work within the Conlract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys ITom the conlract and complete remaining work as required. Article 4 CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Conlract Documents in current funds in accordance with unit prices bid; see Exhibi1 A to this Agreement Article 5 PAYMENT PROCEDURES. The CONTRACTOR shall submi1 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 shall make progress payments on account of the Conlract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 20th day of each month during construction, as provided below, for Applications Page 1 of6 5.2 submitted 10 the Engineer prior to or on the 20th 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 1he number of units completed. 5.1.1 Prior to Subs1antial Completion, progress payments will be made in an amoun1 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 witb paragraph 14.7 of the General Conditions. 100 % of work completed (Jess 5% retainage). 100 % of materials and equipmen1 (Jess 5% re1ainage) not incorporated in tbe Work (but delivered, suitably slored and accompanied by documenta1ion satisfactory to OWNER as provided in paragraph 14.2 ofthe General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient 10 increase 10tal payments to CONTRACTOR to 100% of the Contract Price, less such amoun1s, as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 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 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 in10 1he Agreemen1 CONTRACTOR makes the following represen1ations: 7.1 7.2 7.3 CONTRACTOR has familiarized itself with the nature and extent ofthe 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. CONTRACTOR has studied carefolly all drawings of physical conditions which are identified in the Supplemen1al Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in ARTICLE 6 of the Supplemental Conditions of the extent of the technical data contained in soch drawings upon which CONTRACTOR is entilled to reply. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations,explora1ions, 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 a1 or contiguous to the site or otherwise may affect the cos1, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other 1erms 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 informa1ion 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 addi1ional examinations, investiga1ions, explorations, tests, reports, studies, or similar information or da1a in Page 2 0[6 7.5 7.6 respect of said Underground Facilities are or will be required by CONTRACTOR in order 10 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. CONTRACTOR has correlated the results of all such observations, examina1ions, investigations, explorations, tests, reports and studies with the 1erms and conditions of the Contract Documents. CONTRACTOR has given ENGINEER written notice of aU conflicts, errors or discrepancies that the Contractor has discovered in the Contract Documents and 1he written resolution thereof by ENGINEER is acceptable to CONTRACTOR Article 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreemen1 between OWNER and CONTRACTOR concerning the Work consis1 of the following: 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 This Agreement. Exhibits to this Agreement. Performance and olher Bonds. Notice of Award. Acceptance of No lice of Award General Conditions. Stale ofIdaho Tax Reporting Requirements Supplemental General Conditions. Technical Specifications. Drawings. Appendix. Invitation To Bid. Information for Bidders. Addenda. CONTRACTOR's Bid. Documentation submitted by CONTRACTOR prior to Notice of Award. The fOllowing which may be delivered or issued after the Effective Date ofthe Agreement and are not attached here10: All Written Amendments and other documen1s amending, modifying, or supplementing the Contract Documents pursuant 10 ARTICLE 11 and ARTICLE 12 ofthe General Condi1ions. The documen1s listed in paragraph 8.2 above are attached to this Agreement (excep1 as expressly noted otherwise above). Page 3 of6 There are no Contract Documen1s other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in ARTICLE II and ARTICLE 12 of the General Conditions. Article 9 MISCELLANEOUS. 9.1 Terms used in this Agreement, which are defined in ARTICLE I, of the General Cooditions 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 withou1 the written consent ofthe party sought to be bound; and specifically bu1 wi1hou1limitalion moneys that may become due and moneys 1hat 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 slated 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 CON1RACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party here1o, i1s partners, successors, assigns and legal representalives in respect of all covenants and obligalions contained in the Contract Documents. Article 10 OTHER PROVISIONS. None Page 4 of6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in 1riplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contrac1 Documen1s have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf The Agreement will be effective on Q fnJp .. Atte William G. Berg, Jr. City Clerk Address for giving notices 33 East Idaho Ave. Meridian, ill 83642 Public Works License No. h ,2003. (/d*J}jl~ Con1ractor TrpU!:vTr By: Øf ~ ./ Name:::F»", ß I- , fI,,< , [CORPORATE SEAL] Atiest~' ~ Address for giving no1ices 70 ~I"\)( 5'17 lAJd5J...¡I' , ::i\), 'n(.77- /~<:"t/;2. - 73- Lj (!5¡/!;;;) . If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing Page 5 of6 Exhibit A Treasure Valley DrillinQ & Pump Estimated Item Description Quantitv Units Unit Price Total Bid Price 1 Mobilization 1 LS 9,200.00 9,200.00 2 Surface Casing 1 LS 11,400.00 11,400.00 3 28"/24" Drilling 260 LF 90.00 23,400.00 4 17" PVC Casing 262 LF 80.00 20,960.00 5 Bentonite Chip Surface Seal 13 CY 300.00 3,900.00 6 Bentonite Grout Surface Seal 13 CY 300.00 3,900.00 7 17"/15" Drilling 100 LF 65.00 6,500.00 8 " S.S Well Screen 115 LF 102.00 11,730.00 9 Sand Filter 3 CY 500.00 1,500.00 10 18"/15" to 10"/8" Removable Packer/Reducer Assembly 1 LS 2,700.00 2,700.00 11 Well Development 30 HR 200.00 6,000.00 12 est Pump Set-up - Install & Remove 1 LS 5,000.00 5,000.00 13 est Pumping 20 HR 150.00 3,000.00 14 Well Head Assembly 1 LS 3,000.00 3,000.00 15 Miscellaneous Site Work with crew and rig 10 HR 175.00 1,750.00 16 Miscellaneous Site Work with crew only 20 HR 125.00 2,500.00 Total 116,440.00 Page 6 of6 Meridian City Council August 26, 2003 Page 2 of 49 Corrie: C. Bird: And you're adding that as Number12? De Weerd: Yes. Bird: Okay. I agree. Nary: Concur. Corrie: Okay. Any further discussion? Okay. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: F. G. H. I. Consent Agenda: A. Approve minutes of August 12, 2003 City Council Regular Meeting: B. C. Approve minutes of August 12, 2003 Pre-Council Meeting: Approve minutes of August 19, 2003 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 013 Request for Preliminary Plat of 5 building lots on 2.69 acres in an L-O zone for Lvnnwood Plaza Subdivision by Centennial Development, LLC - east of North Ten Mile Road on West Cherry Lane: Change Order No.4 for Meridian Settlers Park Restrooms: Change Order No.5 for Meridian Settlers Park Restrooms: Approve Agreement for Professional Services for ZGA Architects for Meridian Municipal Center Program Update: Approve I Award Bid for Drilling and Construction of Well No. 25: Meridian City Council August 26, 2003 pege 3 of 49 J. Finance Report: Corrie: Item Number three is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve the Consent Agenda and that the Mayor sign and the Clerk attest to all paper that are necessary. McCandless: Second. Corrie: Motion has been made and seconded to accept the Consent Agenda as published. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Berg: RoIl-ca1l vote. Bird. Bird: Yea. Berg: McCandless. McCandless: Yea. Berg: de Weerd. De Weerd: Yea. Berg: Nary. Nary: Are we voting on the Consent Agenda or on the agenda itself? De Weerd: Consent. Berg: Consent Agenda was the motion to adopt the Consent Agenda. Nary: Oh, yeah. All right. I missed that. I'm sorry. I guess I see an error in Packard Estates No.2, so I guess I would vote nay, because I think they are in error. De Weerd: Good place to bring it up. Nary: I didn't know -- I missed what we were - I thought we were voting on the agenda itself, not the Consent Agenda. I can bring it -- I can bring it when we are done. We can bring it back. But there is an error. That's not what we decided, so - Meridian City Council August 26, 2003 Page 4 of 49 Corrie: Well, lefs - Bird: Well, that can be - that can be done by pulling the minutes and finding out what the motion and stuff was. We can pull - we can certainly pull the deal. We have already got three votes for yea. Corrie: You want to do it now or - Nary: I don't care. Corrie: Okay. Let's do it now. Bird: Let's do it now. I'll pull my -- I'll pull my motion. Corrie: Okay. Bird: Okay. What's the matter? Nary: On D on the findings we did not - at least my recollection of the minutes, we did not remove the condition or consider it to impossible to enforce about the prohibition against construction traffic. What we - what Mr. Groves testified to was they were doing all they could and they would continue to do that, because they were required to do it. The only thing we removed was the condition regarding the condition of the lane at the time -" to put the lane back in repair in the condition it was at the time the plat was approved. That was the only condition. So, these findings are incorrect, because that isn't what we decided. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, this is certainly my interpretation of what the motion was. If I'm incorrect, I would ask that the Council simply pull that set of findings or - that's in your approval on the Consent Agenda, remand it back for further consideration. It's not like anything is - I mean we - Nary: Right. It's not a timing issue. We can do it next week, but I think we just need to look at the minutes, but thafs -- my recollection that was not what we decided, the second condition, because they did commit to doing that and they continue to - and they committed to continue to do that, so -- Nichols: Well, Mr. Mayor, just by way of explanation, I was looking at it from what the city could do as a plat condition, not what the developer could do, so I could have looked at it in error. Nary: Sure. Meridian City Council August 26, 2003 Page 5 of 49 Bird: Okay. Mr. Mayor? Corrie: Mr. Bird. Bird: Okay. I will change my motion, then. We will pull Item D on the Consent Agenda, the Findings of Facts and Conclusions of Law to amend conditions of approval FP 03- 038, for Packard Acres No.2, back to the attorney for correct findings or at least to look into it and then with everything else on the Consent Agenda, I would move that we approve and for the Mayor to sign and the Clerk to attest on the proper papers. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Okay. Nary: Sorry. Corrie: That's all right. We can get it right. Berg: Get it right this time. Corrie: Yeah. We will get it -- and it will be back on the 2nd. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. Thank you. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports A. Mayor's Office: 1. Appointment of Bill Musser as Chief of Police: Corrie: Item four, Department Reports. Mayor's office. At this time I would like to recommend to the Council that we - that you accept my nomination for Chief of Police to be a permanent position given to Mr. Bill Musser, effective tonight on your vote. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Does he want it? Meridian City Council August 26, 2003 Page 2 of 49 Corrie: C. Bird: And you're adding that as Number12? De Weerd: Yes. Bird: Okay. I agree. Nary: Concur. Corrie: Okay. Any further discussion? Okay. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. B. C. Approve minutes of August 12, 2003 City Council Regular Meeting: Approve minutes of August 12, 2003 Pre-Council Meeting: Approve minutes of August 19, 2003 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 013 Request for Preliminary Plat of 5 building lots on 2.69 acres in an L-O zone for Lvnnwood Plaza Subdivision by Centennial Development, LLC - east of North Ten Mile Road on West Cherry Lane: F. G. Change Order No.4 for Meridian Settlers Park Restrooms: Change Order No.5 for Meridian Settlers Park Restrooms: H. Approve Agreement for Professional Services for ZGA Architects for Meridian Municipal Center Program Update: I. Approve I Award Bid for Drilling and Construction of Well No. 25: Meridian City Counc" August 26, 2003 Page 3 of 49 J. Finance Report: Corrie: Item Number three is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve the Consent Agenda and that the Mayor sign and the Clerk attest to all paper that are necessary. McCandless: Second. Corrie: Motion has been made and seconded to accept the Consent Agenda as published. Any further discussion? Hearing none, roll-call vota, Mr. Berg. Berg: Roll-call vote. Bird. Bird: Yea. Berg: McCandless. McCandless: Yea. Berg: de Weerd. De Weerd: Yea. Berg: Nary. Nary: Are we voting on the Consent Agenda or on the agenda itself? De Weerd: Consent. Berg: Consent Agenda was the motion to adopt the Consent Agenda. Nary: Oh, yeah. All right. I missed that. I'm sorry. I guess I see an error in Packard Estates No.2, so I guess I would vote nay, because I think they are in error. De Weerd: Good place to bring it up. Nary: I didn't know -- I missed what we were -- I thought we were voting on the agenda itself, not the Consent Agenda. I can bring it -- I can bring it when we are done. We can bring it back. But there is an error. That's not what we decided, so - Meridian City Council August 26, 2003 Page 4 of 49 Corrie: Well, let's - Bird: Well, that can be - that can be done by pulling the minutes and finding out what the motion and stuff was. We can pull - we can certainly pull the deal. We have already got three votes for yea. Corrie: You want to do it now or - Nary: I don't care. Corrie: Okay. Let's do it now. Bird: Let's do it now. I'll pull my - I'll pull my motion. Corrie: Okay. Bird: Okay. What's the matter? Nary: On D on the findings we did not - at least my recollection of the minutes, we did not remove the condition or consider it to impossible to enforce about the prohibition against construction traffic. What we - what Mr. Groves testified to was they were doing all they could and they would continue to do that, because they were required to do it. The only thing we removed was the condition regarding the condition of the lane at the time -" to put the lane back in repair in the condition it was at the time the plat was approved. That was the only condition. So, these findings are incorrect, because that isn't what we decided. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, this is certainly my interpretation of what the motion was. If I'm incorrect, I would ask that the Council simply pull that set of findings or - that's in your approval on the Consent Agenda, remand it back for further consideration. It's not like anything is -- I mean we -- Nary: Right. It's not a timing issue. We can do it next week, but I think we just need to look at the minutes, but that's - my recollection that was not what we decided, the second condition, because they did commit to doing that and they continue to -- and they committed to continue to do that, so -- Nichols: Well, Mr. Mayor, just by way of explanation, I was looking at it from what the city could do as a plat condition, not what the developer could do, so I could have looked at it in error. Nary: Sure. Mertdlan City Council Augusl26. 2003 Page 5 of 49 Bird: Okay. Mr. Mayor? Corrie: Mr. Bird. Bird: Okay. I will change my motion, then. We will pull Item D on the Consent Agenda, the Findings of Facts and Conclusions of Law to amend conditions of approval FP 03- 038, for Packard Acres No.2, back to the attorney for correct findings or at least to look into it and then with everything else on the Consent Agenda, I would move that we approve and for the Mayor to sign and the Clerk to attest on the proper papers. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Okay. Nary: Sorry. Corrie: That's all right. We can get it right. Berg: Get it right this time. Corrie: Yeah. We will get it - and it will be back on the 2nd. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. Thank you. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports A. Mayor's Office: 1. Appointment of Bill Musser as Chief of Police: Corrie: Item four, Department Reports. Mayor's office. At this time I would like to recommend to the Council that we -- that you accept my nomination for Chief of Police to be a permanent position given to Mr. Bill Musser, effective tonight on your vote. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Does he want it?