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HomeMy WebLinkAboutStandard for of Agreement with Sommer Construction for Locust Grove 2004 EJCDC Standard Form of Agreement Between OWNER and CONTRACTOR On the Basis of a Stipnlated Price THIS AGREEMENT is dated as of the 15~ day of Or~6e-r between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and ~ (hereinafter called CONTRACTOR). in the year 2003 by and I, <::o~ (n"shc.."""",¡ OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Artiele 1 WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: This project includes installation of approximately 2,200 feet of water and sewerline installation on Locust Grove, south of ChiDden. Work currently is scheduled to start October 17. 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 Local, State and Federal requirements. Artiele 2 ENGINEER. The Project "2004 Locust Grove Sewer and Watef Line" 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. Artiele 3 3.1. 3.2. CONTRACT TIME. The Work will be completed within 45 ITom 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. Liquidated Damages. OWNER and CONTRACTOR recognjze that time 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 One Hundred Dollars ($ t 00.00) for each calendar day that expires after the time specified in paragraph 3. t for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall ueglect, 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 ITom the contract and complete remaining work as required. Artiele 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 Agreement. Artiele 5 PAYMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment in accordance with ARTICLE 14 of the General CoDditions. ENGINEER will process applications for Payment as provided in the General Conditions. 5.1 Progress Payments. OWNER sha1I 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 2004 Locust Grove Sewer and Water Page 1 of6 5.2 established in Article 4 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 Genefal Conditions. 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 incfease 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. Final PaymeDt. Upon fina1 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 maximwn rate allowed by law at the place of Project. Article 7 CONTRACTOR'S REPRESENTATIONS. In ordef to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7,1 7.2 7.3 7.4 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 fumishing of the Work. CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4,2 of the GeDefal 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, 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 fumishing of the Work at the Contract Price, within the Contract Time and in accordance with the other tenns and conditions of the Contract Price, within the Contract Time and in accordance with the other tenns 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 sinrilar infonnation or data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has reviewed and checked a1l infonnation and data ShOWD 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 infonnation or data in respect of said UndergrouÎtd Facilities are or will be required by CONTRACTOR in order to perform and fumisb the Work at the Contract Price, within the Contract Time and in accordance 2004 Locust Grove Sewer and Water Page 2 of 6 7.5 7.6 with the other terms and conditions of the Contract Documents, including specifically the provisions ofpaxagraph 4.3 of the General Conditions. 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. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that the Contractor has discovered in the Contract Documents and the written fesolution 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 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.ll 8.12 8.13 8.14 8.15 8,16 8.17 8.18 This Agreement. Exhibits tu this Agreement. Perfonnance and other Bonds. Notice of Award. Acceptance of Notice of Awaxd General Conditions. State of Idaho Tax Reporting Requirements Supplemental General Conditions. Technical Specifications. Dfawings. 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 of the Agreement and axe not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to ARTICLE II and ARTICLE t2 of the General Conditions. The documents listed in paxagraph 8.2 above axe attached to this Agreement (except as expressly noted otherwise above). 2004 Locust Grove Sewer and Water Page 3 of6 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 II and ARTICLE 12 of the General Conditions. Article 9 MISCELLANEOUS. 9.1 Tenns used in this Agreement, which are defined in ARTICLE I 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 anothef 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 fiom 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 2004 Locust Grove Sewer and Water Page 4 of6 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. Dc.}.. ~ Attes William G. Berg, Jr. City Clerk Address for giving notices 33 East Idaho Ave. Meridian, ill 83642 Public Works License No. ,2003. ~p U~i'o- By: ~ (') Name:~.... b-t(,""'/Á"" [CORPORATE SEAL] Attest yll~ Address for giving notices lfo;)..oo N. d-v~ N~1>"'1 It ß3<oen r) d.(J 5 - A-AA- ,- d.- . If CONTRACTOR is a corporation, attach evidence of authority to sign if other that pfesident signing 2004 Locust Grove Sewer and Water Page 5 of6 Exhibit A Sommer Construction Mobilization $8.622.55 Waterline Installation $72,901.20 Sewer Pice Installation $99,636.25 otal $181,160.00 2004 Locust Grove Sewer and Water Page 6 of6 Meridian City Council Meeting October 7, 2003 Page 2 of 44 Item 3. G. H. I. J. K. L. Consent Agenda: A. Tabled from September 23, 2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: B. Approve minutes of September 9, 2003 City Council Regular Meeting: Approve minutes of September 16, 2003 City Council Regular Meeting: C. D. E. Approve minutes of September 16, 2003 Pre-Council Meeting: Findings of Fact and Conclusions of Law for Approval: VAC 03-004 Request for Vacation of a dedicated fifteen-foot right-of- way on West 4th Street for Meridian Head Start by Friends of Children and Families, Inc. - 333 West Broadway Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03.030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-a zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: Findings of Fact and Conclusions of Law for Approval: CUP 03-035 Request for a Conditional Use Permit for a martial arts I self defense establishment for children in a CoN zone for Karate For Kids by Petra, Inc, - southeast corner of South Linder Road and West Franklin Road: Approve I Award Bid for Bear Creek Park Restrooms - Haemker General Contracting Company: Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Locust Grove Chevron. 1950 East Fairview Avenue: Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Eagle Road Chevron. 3100 East MagiC View Drive: Beer I Wine License Transfer from Steve Eddytb Jackson's Food Stores - Meridian Chevron. 180 East Central Valley Drive: ACHD Warranty Deed for Locust Grove Fire Station: Meridian City Council Meeting October 7,2003 Page 3 or 44 O. P. Q. R. S. T. U. v. M. N. Storm Water DrainaGe Easement for Locust Grove Fire Station: Right of Way Traffic Signal Easement for Locust Grove Fire Station: Joint Effort AGreement with Ada County HiGhwav District for Franklin Road Rebuild Project (Including Installation of Water and Sewer Facilities): Agreement for Professional Services with Brown & Caldwell - Wastewater Pretreatment Local Limits: Water Main Easement for St. Luke's Helipad and Crew Quarters: Water Main Easement for RC Willev Caroet Warehouse: Extended Warranty Agreement with Schindler Elevator for Meridian Police Department: Award of Contract - 2004 Locust Grove Sewer and Water: Approve Contract for Well No. 25 Inspection Services and Hydraulic Testing Possible: Approve Bills: De Weerd: Okay. Item 3, the Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the exception of Item A being table to October 14, 2003 and for the President to sign and the Clerk to attest on an proper papers. . Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the tabling of Item A and the Mayor - or Council President to sign and Clerk attest. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.