HomeMy WebLinkAboutIndependent Contractor Agreement with Bodiford Construction Inc. for Waterline Extensions Black CatEJCDC
Standard Form of Agreement
Between OWNER and CONTRACTOR
On the Basis of a Stipulated Price
THIS AGREEMENT is dated as of the day of in the year 2001 by and
between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and
(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 consists of extending the existing
waterlines at both West Ustick and North Black Cat roads. Construction includes approximately 2,500 feet of
12-inch waterline, along with gate valves, blowoffs, surface repair, and other ancillary items. 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.
Article 2 ENGINEER The Black Cat and Ustick Water Line Project has been designed by Earl &
Associates 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 forty five (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 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 Hundred and Filly Dollars ($250) 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 Agreement.
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 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
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.
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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.
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 su8icient 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 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 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.
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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.
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 pursuant to ARTICLE 11 and ARTICLE 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 ARTICLE 11 and ARTICLE 12 of the General
Conditions.
Article 9 MISCELLANEOUS.
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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 injerest 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.
Article 10 OTHER PROVISIONS. None
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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
Owner OF MERIDIAN
By:
Name: Robert D. Corrie Ma o
Approved,i?y~C'itjr`~bim6il; ,23~0~
2/001.
Contractor _(~cQtr~p C n-~~~'ru ~ic~nl ~ ~n;C
By: ~~~
Name: __S_~l!CT(~ ~.C)1-~
RATE SEAL]
~~ ,icy`
~s.
William G. Berg, Jr. City Clerk
Address for giving notices
33 East Idaho Ave.
Meridian, ID 83642
Public Works License No.
[CORPORATE SEAL]
Attest `
Address for giving notices
X175 ~ s~ Sta1~~ Str~~l- ~~
3c;5e, ~'dahn 8~7~
1013(n- ARA- I
C• ~ }~ Cs.~r-,. ~ ~~rof~ /0 / y3/c 1
' If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing
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Exhibit A
Item
Description
Quantity
Units Bodiford Construction
Unit Price Total Price
1 Mobilization 1 LS 3,500.00 3,500.00
2 12-inch PVC Water Main 1899 LF 16.00 30,384.00
3 12-inch Gate Valves 7 EA 1,100.00 7,700.00
4 12-inch Tee 1 EA 700.00 700.00
5 12-inch Cross 1 EA 1,300.00 1,300.00
6 BlowoffAssembly 2 EA 1,100.00 2,200.00
7 ype "P" Surface Repair 4682 SF 1.75 8,193.50
8 ype "C" Surface Repair 9572 SF 0.50 4,786.00
9 12" x 12" x 8° Tee 1 EA 475.00 475.00
10 -inch Gate Valve 1 EA 675.00 675.00
11 -inch Plug 1 EA 125.00 125.00
otal Price 60,038.50
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