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Award of Bid and Contract with H2 Excavaton for 8th St ParkMemo To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Capital Projects Manager CC: Steve Siddoway, Parks and Recreation Director Elroy Huff, Parks and Recreation Superintendent Date: 12/31/2008 Re: Proposed Agenda Item for January 6, 2009 City Council Meeting The Parks and Recreation Department respectfully requests the following item be placed on the January 6, 2009 City Council agenda, under Consent Agenda, for Council's consideration: 8"' Street Park Pedestrian Pathway and Box Culvert— Phase 1 Low Bid Approval and Agreement Execution Request This project consists of installing a precast concrete culvert in the Five Mile Drain with pathway preparations to connect the existing path (north side of the Five Mile Drain) to 8"' Street Park and W. Chateau Avenue. As part of the City's Pathway Master Plan, this project will enhance the community by providing recreational opportunities for all citizens. Attached is the project bid tabulation with H2 Excavation being the low bidder at $64,166.92. H2 Excavation's completed "Invitation For Bid" and the signed "Independent Contractors Agreement' is attached for your review and execution. Recommended Council Action: The Parks and Recreation Department recommends that City Council approves the low bid of H2 Excavation and executes the Independent Contractors Agreement. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 co 0 0 N 0 M Q. 0 z 0 co z U W 0 C14 Co m V o m LM(D(D'T0)°r°r- a. Mu Mu N uu C>O CL 4 � L W N d c W CLi Z x x x x x Z m m 0 M Q. 0 z 0 co z U W 0 C14 Co 0 LM(D(D'T0)°r°r- o z x x x x x x x x xx x x x x lxl— I x X x x x x X X x x x x x x x X1 I x x x x x x x X 00 t5 L U3 N C � + C V L O U s N 0 � U E o x m U U s EU L w �Wr°->> flOjTYd(lJ� EIDIAN..-'.,-DAHO n-- PURCHASING AGENT: 33 East Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 x417 Fax: (208) 887-4813 INVITATION FOR BID BID NO. -PKS-09-002 CONTRACT SPECIFICATIONS FOR: 8TH STREET PEDESTRIAN PATHWAY & BOX CULVERT PH 'I BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. DECEMBER 30, 2008 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE MERIDIAN, ID 83642 Pre -Bid Conference) Walk Through Friday, December 19, 2008 MANDATORY [X]YES 10:00 a.m. at 8th Street Park [ ] NO 2235 NW 8th Street NAME AND ADDRESS OF VENDOR SUBMITTING BID NAME: tVr.cT1�a�'� ADDRESS: iICoFc( �'�� fiy� 91tic) IDAHO CONTRACTORS LICENSE NO. IDAHO PUBLIC WORKS CONTRACTORS LICENSE NO. 1 (0 INVITATION FOR BID CITY OF MERIDIAN Meridian, Idaho 83642 PROJECT # PKS-09-002 TABLE OF CONTENTS Cover SheetfTable of Contents ................................................. 2 I. Invitation for Bid......................................................................3 II. Instructions to Bidders.............................................................6 III. Bid Documents ....................................... ....16 ............................. A. Bid Form.......................................................16 B. General Special Provisions...............................17 C. Special Provisions..........................................21 Clarification of Plans/Drawings (Exhibit A) ............................ .................. 32 Plans/Drawing-(E-xhibit B).....................................................................33 List of Subcontractors (Exhibit C) .......................................................... 34 Nampa -Meridian Irrigation License Agreement (Exhibit D) ...........................35 Department of the Army Permit (Exhibit E) ................................................36 Idaho Department of Water Resources Permit (Exhibit F) ............................ 37 Independent Contractors Sample Agreement (Exhibit G) ........................ ......38 e Street Pedestrian Pathway & Box Culvert (Ph 1) 2 of 38 BID TO THE CITY OF MERIDIAN BIDS MUST BE RECEIVED BY THE MERIDIAN, IDAHO PURCHASING AGENT PURCHASING AGENT 33 EAST BROADWAY AVENUE PRIOR TO 2:30 P.M. ON FOR: 8TH Street Pedestrian Pathway & Box Culvert Ph 'l Tuesday. December 30, 2008 BID NO. PKS-09-002 Name of Bidder_dcalL E4e—s A -Z ! Telephone Type of Business: ] Individual doing business under own name Corporation [ ] Individual doing business using a firm name [ ] Partnership [ ] Joint venture (Please attach Joint Venture Agreement) Business Address: Wrff EkS Street City State Zip Code To the City of Meridian: The undersigned, as bidder, certifies under penalty of perjury that the only persons or parties interested in this bid as principals are those named herein as bidder; that this bid is made without collusion with any other person, firm, or corporation; that in submitting this helshe has examined the "General Conditions and Instructions to bidders" and the specifications; that he/she proposes and agrees if this bid is accepted, he/she will perform all the work and /or fumish all the materials specified in the contract, -in -the -manner and time -therein -prescribed, -and -according -to the -requirements -as -thein -set -forth; - and that he/she will take in full payment therefore, the prices set forth in the attached schedule. Typed or Printed Name and Title Signature Address (if different than above business address) 8th Street Pedestrian Pathway & Box Culvert (Pty 1) 3 of 38 PROJECT DESCRIPTIUN The City of Meridian is requesting bids for ...... e Street Pedestrian Pathway & Box Culvert (Phase 1) PRE-BID CONFERENCE A MANDATORY Pre -Bid Conference will be held on ........... Friday, DECEMBER 19, 2008 at 10:00 a.m. at EP Street Park located at 2235 NW 8th Street. CITY'S REPRESENTATIVES Purchasing Representative Kathy Wanner 33 East Broadway Ave Meridian, ID 83642 (208)888-4433x417 Fax (208) 887-4813 kwannertMmeridiancity.om Any and all explanations desired by a respondent regarding the meaning or interpretation of this Invitation for Bid or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with "Additional Terms and Conditions (Bid Inquires). Violation(s) may be caused for rejection of the Bid. Date CITY OF MERIDIAN 8th Street Pedestrian Pathway & Box Culvert (Ph 1) 4 of 38 DECLARATION UNDER PENALTY OF PERJUY PLEASE READ CAREFULLY BEFORE SIGNING To be signed by authorized corporate officer or partner or individual submitting the bid. EXAMPLE If bidder is: Sign: 1. An individual doing business ........................ Your name only Under own name. 2. An individual using a firm name .................... John Doe, an individual doing business as Blank Company 3. A partnership ........................................... John Doe and Richard Roe, partners doing business as Blank Company, by John Doe, Partner 4. A corporation ......:.................................... Blank Company, by John Doe, Secretary (or other title) Typed or Printed'Nirhe and Title 1gnature Address (if different than above business address) FOR CITY USE ONLY Bid was opened on above date at prescribed place. Bid bond required: [ ] No ( X ] Yes Amount $ Received: [ ] Cashiers or Certified Check drawn on a Idaho bank [� Surety Bond Purc a i g;Ibgeut, City of Meridian St' Street Pedestrian Pathway & Box Culvert (Ph 1) 5 of 38 GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDER 1. Bids shall be delivered to the Purchasing Agent, 33 East Broadway Avenue, Meridian, ID 83642 prior to 2:30 P.M. on Tuesday, December 30, 2008. Bids, received after that time will be returned unopened to the respective bidder and will not be considered for evaluation. Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Bid. All bids shall be submitted in a sealed envelope and clearly identified on the outside to read: a) 8TH STREET PEDESTRIAN PATHWAY & BOX CULVERT (PHASE 1) b) Bid Number PKS-09-002 c) Opening Date DECEMBER 30, 2008 Bids shall be opened in public at 2:30 P.M. on said date at City of Meridian Purchasing Department. 2. Alternate bids will be considered unless otherwise stipulated. 3. If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue succi bonds in Idaho and secured thorough aphorized agent —w it ff an office in Idaho. Contractor shall pay all bond premiums, costs and incidentals. 4. The City reserves the right to waive any informalities or minor irregularities in connection with the bids received. 5. All provisions of the City code are applicable to any bid submitted or contract awarded pursuant thereto. 6. If equipment is proposed, it is to be newest and latest model in current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. 7. Within thirty (30) days after the bid opening, a contract may be awarded by the City to the most responsive and responsible bidder, subject to the right of the City to reject all bids, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with his bid. 81h Street Pedestrian Pathwav & Box Culvert (Ph 1) 6 of 38 In addition to price in determining the most responsive and responsible, consideration shall be given, but not limited to: a. The quality and performance of the supplies to be provided by the bidder, b. The ability, capacity and skill of the bidder to perform the contract or effectuate the transaction; C. The ability of the bidder to perform the contract or effectuate the transaction within the time specified, without delay;; d. The character, integrity, reputation, judgment, experience and efficiency of the bidder; e. The quality of bidder's performance on previous purchases by, or contracts with, the City; f. the ability of the bidder to provide future maintenance, repair parts and services for the supplies provided. 8. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. 9. Bid Bond is required in the amount of five percent (5%) of total bid price, payable to the City of Meridian (City). Bid bond to be forfeited to the City as liquidated damages in the event the successful bidder fails to enter into a Contract in accordance with their bid/proposal as specified in the Instructions to Bidders. SUBJECT TO PARAGRAPH 4 ABOVE, THE CITY MAY NOT ACCEPT A BID FAILING TO COMPLY WITH ANY OF THE ABOVE STATE REQUIREMENTS. 8th Street Pedestrian Pathway & Box Culvert (Ph 1) 7 of 38 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate Officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: �)2,'F1a'GG�Ua--t—'+eD n ✓C' IDAHO CONTRACTORS LICENSE* kc 'p— — -2 % S 10 IDAHO PUBLIC WORKS CONTRACTORS LICENSE #: L'V TITLE: ADDRESS: (60�? 3 � , , k 1 'y, 8W ar. l f- 9 7%G DATE: ALL BID RESPONSES MUST BE ACCOMPANIED BY THIS EVIDENCE OF AUTHORITY TO SIGN e Street Pedestrian Pathway & Box Culvert (Ph 1) 8 of 38 ADDITIONAL TERMS AND CONDITIONS COST OF PREPARATION OF BID The City shall not pay costs incurred in the bid preparation, printing or demonstration process. All such costs shall be bome by the Bidder. EXAMINATION OF CONTRACT DOCUMENTS Bidders shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the bid, dispute such specifications and the directions explaining or interpreting them. Should a Bidder find discrepancies in, or omissions from, the specifications and/or drawings, or should he/she be in doubt of their meaning, hetshe shall at once notify the City of Meridian Purchasing Department. Notification is to be in written form and must be submitted at least ten (10) days prior to the bid opening date. Any interpretations by the City will be made in written form. Any change in requirements will be done in the form of a written addenda. The receipt of any resulting amendments must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions -given before the award of the contract will not be bindina. RIGHTS TO PERTINENT MATERIALS All responses, inquiries, and correspondence relating to the Invitation for Bid and all reports, charts, coverage maps, displays, schedules, exhibits, and other documentation produced by the bidder that are submitted as part of the bid shall become the property of the City after the bid -submission -dead line. RIGHT OF THE CITY TO REJECT BIDS The City reserves the right to reject any and a defects or technicalities, or to solicit new bids which may include portions of the originally necessary. BID EVALUATION II bids or any part of any bids, to waive minor on the same project or on a modified project proposed project as the City may deem In determining the amount proposed by each Contractor, the City shall disregard the mathematical errors in addition, subtraction, multiplication and division that appear obvious on the face of the bid. When an item price is required to be set forth in the bid and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the City's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bid procedure. The total paid for each such item of work shall be based upon the item price and not the total price. e Street Pedestrian Pathway & Box Culvert (Ph 1) 9 of 38 Should the bid contain only a total price for the item and the item price is omitted, the City shall determine the item price by estimated quantities of work to be performed as items of work. If the bid contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the bid shall be non-responsive. FAITHFUL PERFORMANCE AND PAYMENT BONDS The successful Contractor (s) will be required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. The contractor(s) must include the cost of the bonds, if applicable, in the total contract price, but be able to substantiate the actual cost of the bond should the City elect to waive the bond requirement and reduce the contract price by that bond amount. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the reprocurement of the contract services. REMOVAL OF UNSATISFACTORY EMPLOYEES The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall -be -removed -from -all -work -under this -contract. CONTRACTOR DEFINITION The term "Contractor" means an individual or firm, registered with the State of Idaho as a General Contractor, or licensed with the State as a Public Works Contractor or in the discipline required for the work. PUBLIC WORKS CONTRACTOR All contractors bidding on Public Works projects MUST be licensed with the state as a Public Works Contractor and MUST submit their Public Works Contractors License number with their bid. eh Street Pedestrian Pathway & Box Culvert (Ph 1) 10 of 38 SUB -CONTRACTORS Contractor must list all sub -contractors engaged for this project per State of Idaho Statute #67-2310 (Exhibit C). Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901. Contractor is prohibited to subcontract in excess of eighty percent (80%) of the work under this Public Works Contract. AWARD The City of Meridian reserves the right to award this contract to the Contractor whose total aggregate bid is most responsive to the needs of the City. An evaluation of the Contractors ability, quality, and performance on previous or current contracts will be used in addition to total cost as a basis of award for any resultant contract. The winning Contractor will be required to enter into an "Independent Contractor Agreement" with the City, of which a sample copy is attached as Exhibit G. INSURANCE AND INDEMNIFICATION The Contractor shall hold harmless and defend, save, and keep the City of Meridian and it's elected officials, officers, employees, agents, and volunteers free from any/all liability for damages including, but not limited to, monetary loss, judgments, fees, costs, and expense, incurred by reason of claims, suits, or decrees that may arise from any injury to a person or persons or damages to property occurring during the performance of the work determined by this Contract. The Contractor shall reimburse the City of Meridian for all costs, fees, and monetary disbursements of any nature incurred by reason of said claims, suits, or decrees wherein suit is deemed -expedient and -:necessary by the City to do so in the good faith -disposition -of -said claim. Neither party hereto shall be liable for any damages proximately arising from the negligence, wrongful act, or omissions of the other party and shall indemnify, defend, and hold harmless the other party from such claim for damage for liability that should occur. Indemnification Contractor shall indemnify the City from any and all claims, losses, damages or liability arising out of this contract from any cause whatsoever, except the active negligence of the City. Insurance Contractor shall procure and maintain at Contractor's expense, for the duration of the Agreement, insurance coverage provided by a Idaho admitted insurer licensed to transact business in Idaho, as hereinafter provided, including insurance coverage against claims for injuries or death to person or damage to property which me arise from or in connection with the performance or omission to perform any term or condition of the Agreement by the Contractor or Contractor's agents, representatives, employees or subcontractors as follows: A. Minimum Scope of Insurance 8'h Street Pedestrian Pathway & Box Culvert (Ph 1) 11 of 38 Insurance coverage shall be at least as broad as: General Liability ONE MILLION DOLLARS ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Owned/Nonowned automobile liability insurance providing combined single limits covering bodily injury liability with limits of no less than ONE MILLION DOLLARS ($1,000,000.00 per accident and providing property damage liability of no less than ONE MILLION DOLLARS ($1,000,000.00 PER ACCIDENT). 3. Workers' Com ensation Insurance: Workers' Compensation Insurance as required by the Labor Code of the State of Idaho and Employers Liability Insurance. B. deductibles. Self -Insured Retentions, Named Insureds Any deductibles, self-insured retentions or named insureds must be declared in writing and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insured; or the Contractor shall post cash, bond, or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. C. The insurance policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automotive Liability Coverages a. The Contractor shall provide a specific endorsement naming the City of Meridian and City's elected officials, officers, employees, agents, and Volunteers as additional insureds regarding: liability arising from or in connection with the performance or omission to perform any term, condition or requirement of the Agreement by or on behalf of the Contractor; services, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City or City's elected officials, officers, employees, agents, and Volunteers. b. The Contractors insurance coverage shall be primary insurance regarding the City and City's elected officials, officers, employees, agents, and Volunteers. Any insurance or self-insurance maintained by the City or City's elected officials, officers, employees, agents, and Stn Street Pedestrian Pathway & Box Culvert (Ph 1) 12 of 38 Volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected officials, officers, employees, agents, and volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City and City's elected officials, officers, employees, agents, and volunteers for losses arising from the performance of or the omission to perform any term, condition or requirement of this Agreement by the Contractor. 3. All Coverages Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City. D. Acceptability of Insurers Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. E. Verification of Coverage Prior to performing any term, condition or requirement of this Agreement, Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shall be received and, in City's sole and absolute discretion, approved by the City before any term, condition or requirement of the Agreement is performed by Contractor. City reserves the right to require complete copies of all required insurance policies and endorsements, at any time. F. Subcontractors Contractor shall require that all of its subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. G. Insurance Limits to Not Limit Contractors Liabft The limits of insurance described herein shall not limit the liability of Contractor and Contractor's agents, representatives, employees or subcontractors. 8th Street Pedestrian Pathway & Box Culvert (Ph 1) 13 of 38 PAYMENT REQUEST Payment requests shall be submitted to City of Meridian, Attn. Accounts Payable (AP), AP will forward a copy to the Project Manager for review and approval. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. for Upon approval that the work has been done and compliance with the Agreement, the Project Manager will return the invoice to AP for payment. EQUAL EMPLOYEMENT OPPORTUNITY Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ADDENDA OR BULLETINS Any Addenda issued during the time of bidding shall be covered in the bid and will be made a part of the contract. CLEANUP Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. SEPARATE CONTRACTS The City of Meridian reserves the right to let separate contracts for portions of the work concurrently with the project. This Contractor shall work and coordinate with separate contractors and City personnel. TIME FOR EXECUTING CONTRACT AND Li UIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 81h Street Pedestrian Pathway & Box Culvert (Ph 1) 14 of 38 PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Bids, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Plans and/or Drawings, Bidder's Proposal and any other related documents will remain on file in the office of the City Purchasing Agent. FORM AGREEMENT Form Agreement; Exceptions and Alternatives. The Agreement attached to this Invitation for Bid ("IFB") and, by this reference, made a part hereof, contains terms and conditions that apply to the performance of this work. If the bidder suggests alternatives or states exceptions to any term or condition in the Agreement, or to any provision or recurrent of the IFB, such alternative or exception shall be clearly stated and identified in the submitted bid. Otherwise, the successful bidder will be expected to sign the Agreement upon award of the contract. Any alternative must satisfy all minimum qualifications specified in the IFB. The City expressly reserves the right, in it's sole discretion, to (1) reject a bid containing any exception or alternatives as non -conforming, or (2) accept any bid alternative or exception and to award a contract based there on if determination to be in the best interest of the City. BID INQUIRIES Questions, in written form, regarding this bid should be sent to: City of Meridian, Purchasing Department 33 East Broadway Avenue Meridian, ID 83642 Attn: Kathy Wanner kwanner[,meridiancity.org (208) 88841433 x416 81h Street Pedestrian Pathway & Box Culvert (Ph 1) 15 of 38 BID FORM 8T" STREET PARK PEDESTRAIN PATHWAY AND BOX CULVERT — PHASE 1 BID NUMBER PKS-09-002 TOTAL S TOTAL WRITTEN IN WORDS 1 2-11 kcr.d. r A :5 r� � 51 IT Certificate of Understandin The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FI RM:142 �Z-v 1G. BY: ;'4 PRINTED OR TYPED NAME:-. c (' S TITLE: W' p e i levde-A-�— DATE: -y eh Street Pedestrian Pathway & Box Culvert (Ph 1) 16 of 38 BID SCHEDULE Item No. Item Description Estimated Quandty Unit Unit Price Item Total 201.4.1.C.1 Removal of Obstructions 1 LS '70,00 9 S70-*"`� 206.4.1.1.3 Hand Placed Ri ra 30 CY a6. 5 ©� 307.4.1.A.3 Miscellaneous Surface Restoration Sod 1 LS 11S, 9K Z15, 307.4.1.A.5 Miscellaneous Surface Restoration Pastures 200 SY a 2010.4.1.A.1 Mobilization 1 LS SP -700 Concrete Bax Culverts and Associated Precast Members 1 Ls Vz 4 i 2- '21 0 a- fl SP -700.1 Concrete Box Culvert Installation 1 LS 7130-60 • 2-30- a® SP -801 Pedestrian Pathway (Preparation) 1 LS 1%70,,60 1 e 70.6 f) SP -1004.4.1.F.1 Temporaq Cofferdam 2 EA ,aa �3nO. -;� SP -2000 Miscellaneous Sprinkler Repair 1 LS3103 . a 'D e 3 SP -2040 Decorative Fence 84 LF 47 27.33 �Z S .•7 SP -2045 Chain Link Fence 10 LF . 70 -7 SP-1000SWPPP 1 LS 21305- cam ot 2c . TOTAL S TOTAL WRITTEN IN WORDS 1 2-11 kcr.d. r A :5 r� � 51 IT Certificate of Understandin The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FI RM:142 �Z-v 1G. BY: ;'4 PRINTED OR TYPED NAME:-. c (' S TITLE: W' p e i levde-A-�— DATE: -y eh Street Pedestrian Pathway & Box Culvert (Ph 1) 16 of 38 GENERAL SPECIAL PROVISIONS CITY OF MERIDIAN PROJECT NO. PKS-09-002 8T" STREET PARK PEDESTRIAN PATHWAY AND BOX CULVERT PROJECT (Phase 1) GENERAL NOTES BASIS OF PAYMENT Except as modified herein, the various work called for on the Bid Schedule shall be performed, measured, and paid for as indicated on said Bid Schedules and as provided in the 2008 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC) with all adopted supplements. The Contractor is required to be a holder of the applicable ISPWC and ADOPTED SUPPLEMENTS. The intent of the drawings and specifications is to provide a complete package. No separate payment will be made for items not specifically called out in the Bid Schedule. Any such work shall be considered incidental to other items of work and no separate payment will be made. In the event of a conflict between the Special Provisions and the ISPWC, the Special Provisions shall govern. CLARIFICATION OF DRAWINGS The construction zone for Phase 1 will be from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemiie Creek. Temporary construction,entranceand access -will -be from -W: -Chateau Ave.Bid Item -Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) does not include the 3" Class "C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). Sheet 3 of 4 has a call out "SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN) - The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states °This project incudes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). 8' Street Pedestrian Pathway & Box Culvert (Ph 1) 17 of 38 The Precast Materials will 1 not be provided by the City of Meridian. The Precast Materials are to be Provided by Contractor. BASIS OF QUANTITIES Unless otherwise specified herein, all quantities are based upon in-place, completed, and accepted units. ACCESS DURING CONSTRUCTION The Contractor shall maintain access to 8t" Street Park and along the existing asphalt pathway north of Five Mile Creek at all times throughout the duration of the project. This shall include providing an adequate surface (free of construction materials, holes, and mud) for all pedestrians. The cost to maintain access shall be considered incidental to other items of work and no separate payment will be made. The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. UTILITY INFORMATION reseonsibility toreuest utility locates and identify any potential conflicts with utilities prior to begiinninc construction. It shall be the Contractor's responsibility to contact and coordinate with the various utility companies as necessary for the successful completion of the project. This coordination effort shall include, but not be limited to, working other than normal operation hours to permit the relocation of utilities, construction of the box culvert extension and construction of any associated roadway improvements within the time frame of this contract. The cost to contact and coordinate with utilities shall be considered incidental to other items of wort an no separate psiymen W I be made. The Contractor shall call Dig Line a minimum of 48 hours prior to any excavation to request utility locations at #811. The Contractor shall expose all existing utility crossings to verify locations and elevations prior to any other construction that may affect those utilities. The cost associated with exposing the existing utilities is considered incidental to the project and no separate payment will be made. DAMAGE BEYOND CONSTRUCTION LIMITS Damage to any area or items outside the construction limits of this project, including existing landscape, irrigation and storm drain facilities, fencing, pavement, curb, gutter, and sidewalk shall be promptly repaired by the Contractor. The cost to complete such repairs shall be considered incidental to other items of work and no separate payment will be made. All items within the construction limits including, but not limited to, trees, bushes, utilities, sidewalks, pipes, driveways, planters, signs, sprinklers, lawns, etc. shall be retained and protected unless specifically noted otherwise on the plans. STORM DRAIN AND IRRIGATION FLOWS The Contractor is responsible for transmitting existing storm drain and irrigation flows, including pathway runoff, during construction. St" Street Pedestrian Pathway & Box Culvert (Ph 1) 18 of 38 The Contractor shall be responsible for completing all work in conformance with Nampa -Meridian Irrigation District (NMID) requirements. The Contractor shall coordinate all construction activities with the NMID and the City of Meridian at least seven (7) days in advance of work within Fivemile Creek and the canal easement. PROJECT MAINTENANCE DURING CONSTRUCTION The Contractor shall be responsible for project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, blading, sweeping, proper and adequate drainage, access for emergency equipment, and dust control. All project maintenance activities shall also conform to requirements specified in any project permits, including the project Section 404 permit. The Contractor shall be responsible for maintaining both on-site and off-site roadway facilities that are adversely affected by construction activities, including hauling. This maintenance may include, but is not limited to, street sweeping to eliminate tracking (within the project limits, adjacent streets, private driveways, and parking lots), and roadway repairs due to truck and equipment traffic. Required roadway facility maintenance shall be at the discretion of the Engineer. EXCAVATION Excavation, bedding, backfill, and compacting requirements shall be in accordance with ISPWC Specifications except as noted herein. All work shall meet the permit(s) requirements, OSHA requirements and applicable sections of the ISPWC Specifications. Water levels shall be maintained below the bottom of excavations during all types of construction operations. The cost to complete this work shall be considered incidental to the cost of culvert items and no additional payment will be made. SOURCES The Contractor shall prepare and submit submittals of all products to be used to Owner for review and approval. EXCESS-MATERIAL—SITE The Contractor shall be responsible for providing a site for the disposal of excess or unsuitable materials, unless specifically noted otherwise in the contract documents. If bituminous material is to be disposed of, the site shall meet the requirements of the Idaho Division of Environmental Quality. All excess material sites shall be approved by the City of Meridian. No separate payment shall be made for the acquisition or operation of the sites, nor for loading, hauling or unloading of the materials to the site. QUALITY ASSURANCE TESTS Materials inspection and testing will be provided by the City and coordinated by the contractor. Re -testing necessitated by the failure of quality assurance testing of materials placed by the Contractor shall be at the Contractor's expense. These costs shall be deducted from progress estimates. CONSTRUCTION STAKING Construction staking to be provided by and paid by contractor. Construction staking shall be considered incidental and no separate payment will be made. ON SITE SUPERVISION The General Contractor shall provide competent on-site supervision during all construction activities, including SUBCONTRACTORS activities. The superintendent shall be identified at the preconstruction 8'hStreet Pedestrian Pathway & Box Culvert (Ph 1) 19 of 38 conference, and shall at a t, Minimum be on-site from the notice to proL*ed date to the completion date. If for any reason the superintendent needs to be replaced by the General Contractor, a written notice must be submitted to the City of Meridian within (5) five working days before the event occurs. INFORMATION GIVEN PRIOR TO AWARD Oral explanations, instructions and interpretations given to bidders prior to award of contract will not be binding. It is the City of Meridian's intent to provide all bidders equal opportunity to access and acquire all available pertinent information necessary to formulate a responsive bid. Any information, specifications, plans, data, or interpretations that the City of Meridian discovers is lacking and may be important to all bidders will be furnished in the form of an addenda, the receipt of which shall be acknowledged by the bidder. 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 20 of 38 SPECIAL PROVISIONS I. ITEM 201.4.1.C.1 - REMOVAL OF OBSTRUCTIONS ON PAGE 3 OF SECTION 201 OF THE ISPWC, SUBSECTION 3.1.B.1, delete the entire subsection and add the following: Clearing and grubbing limits shall be within the project area and limited to the locations required to construct the project or as directed by the Engineer. ON PAGE 5 OF SECTION 201 OF THE ISPWC, SUBSECTION 4.1.C, add the following: This item shall include all costs associated with clearing and grubbing. This item shall include all costs associated with the removal and disposal of trees and stumps less than six (6) inches in diameter measured at a point two (2) feet above existing ground. This item also includes installing a new fence post at the end of the remaining fence in those locations where an existing fence is removed. The new post shall be set on the fence line or as directed by the Engineer. All costs associated with backfilling voids created by the removal of pipes, structures, trees, and other items shall be considered incidental and no separate payment will be made. 2. ITEM 206.4.1.1.3 — HAND PLACED RIPRAP ON PAGE 3 OF SECTION 206 OF THE ISPWC, SUBSECTION 2.7.C.1, delete the entire subsection and add the following: Stone to be nearly rectangular with approximately 50% having a volume of at least one (1) cubic foot. Maximum size not to exceed 18" in any direction. Geotextile fabric shall conform with JPI C'89ction 2056 requirements. ON PAGE 7 OF SECTION 206 OF THE ISPWC, SUBSECTION 3.3.C.1, delete the entire subsection and add the following: Place by hand or mechanical methods to the thickness specified or directed on geotextile fabric placed on prepared slopes. ON PAGE 10 OF SECTION 206 OF THE ISPWC, SUBSECTION 4.1.1.4, add the following: This item includes all costs associated with providing and placing geotextile fabric prior to placing riprap. 3. ITEM 307.4.1.A.3 — MISCELLANEOUS SURFACE RESTORATION (SOD) ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following 8'h Street Pedestrian Pathway & Box Culvert (Ph 1) 21 of 38 2.7.1.1.1. SOD A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. Fertilizers shall comply with the following chemical analysis: 15% to 20% Nitrogen (N) 20% to 25% Phosphoric Acid P205 2% to 10% Potash K20 C. Sod shall consist of either Blue grass, Princeton #105, Midnight, Quantum Leap, Rye Grass, SR 4200, Calypso 2,; with a 70% blue grass, 30% rye grass blend (or approved equal by the City of Meridian Parks and Recreation Department)suitable for the area to be sodded. ON PAGE 4 OF SECTION 307 OF THE ISPWC; SUBSECTION 3.5, add the following: C. Sod construction shall take place only on those disturbed areas, which currently have established lawns, or as shown on the project plans. A minimum of four (4) inches of topsoil shall be placed in sod areas. The sod areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of grass, shall be removed from the area and wasted as directed. The area shall be floated and rolled to bring it to the finished grade. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The'finished grade of sod areas adjacent to walks, curbs, driveways; and -pavements -shall -be -approximately -one -(1) -inch -below -adjacent grades. Fertilizers shall be spread evenly over the cultivated areas at a rate of four (4) pounds per 1000 square feet and shall be uniformly incorporated into the upper three (3) inches of the soil, after which the areas shall be worked as necessary to provide a smooth, firm but friable lawn bed at the established grades. Sod shall be placed in straight strips. The joints between strips shall be butted together, tight and without gaps. The sod shall be rolled with a 100 pound roller after placement. The surface of the finished sod shall be smooth and uniform. The Contractor shall be responsible for maintaining, protecting, and watering sod areas until the sod is fully established. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.4, delete the entire subsection and add the following: Payment for this item will be made under: 8th Street Pedestrian Pathway & Box Culvert (Ph 1) 22 of 38 307.4.1.A.3 – Miscellaneous Surface Restoration (Sod) - Per Square Yard 4. ITEM 307.4.1.A.5 – MISCELLANEOUS SURFACE RESTORATION PASTURE ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following: 2.8.1.1.1. PASTURE A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. The pasture grass mix shall be "Northwest Blend' available at Zamzow's, or approved equal. ON PAGE 4 OF SECTION 307 OF THE ISPWC, SUBSECTION 3.5, add the following: D. All areas disturbed by construction activities shall be seeded with pasture seed unless noted otherwise or as directed by the Engineer. Areas disturbed by construction activities that are adjacent to existing lawn shall be repaired with sod as specked in Item 307.4.1.A.3. A minimum of four (4) inches of topsoil shall be placed in pasture seed areas. The pasture seed areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of pasture grass, shall be removed from the area and wasted as directed. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of pasture seed areas adjacent -to walks, curbs,—driveways, and pavements shalt approximately match adjacent grades. The seed mix shall be applied by a hydro -seeder at a minimum coverage rate of one (1) pound per 20 square yards (250 pounds/acre). Seed shall be applied between September 15 and September 30, or as directed by the Engineer. Seed shall not be applied when the soil is too wet or dry, frozen, or otherwise untillable. Fertilizer shall be applied at the time of seeding at the rate of 10 pounds of Nitrogen (N) per acre and 15 pounds of Phosphorus per acre. Fertilizer shall not be mixed in with the seed in the hydro -seeder. At no time after the seed is in place, shall trucks or equipment be driven on the area. The Contractor is responsible for maintaining, protecting, and watering seeded areas during establishment of the pasture grass. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.6, delete the entire subsection and add the following: 8t' Street Pedestrian Pathway & Box Culvert (Ph 1) 23 of 38 Payment for .nis item will be made under. 307.4.1.A.5 — Miscellaneous Surface Restoration (Pasture) - Per Square Yard S. SP -700 — CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST MEMBERS General This item shall include all design, equipment, materials, labor, tools and incidentals associated with the supply of the concrete box culverts and associated precast members for the pedestrian bridge. Materials: The Contractor will provide all precast materials, including the culvert, wing walls, and cutoff walls meeting the following requirements: a. DESIGN LOADINGS i. AASHTO HS -20-44, ASTM -1433 ii. SOIL WEIGHT = 120 PCF iii. DEPTH OF OVERBURDEN 0.0' MIN, 2.0' MAX iv. ASSUMED WATER TABLE: BELOW FINISH GRADE v. EQUIV. FLUID PRESSURE = 40 PCF. A. 80 PSF LATERAL LIVE LOAD SURCHARGE b. CONCRETE 28 DAY COMPRESSIVE STRENGTH SHALL_ BE 5,000 PSI (MIN). c. STEEL REINFORCEMENT: REBAR, ASTM A-615 GRADE 60. The supplier of the precast materials must provide 4 copies of stamped engineering submittals (with calculations) for review and approval by the City of Meridian. The supplier of the precast materials must be a NPCA certified plant. The Contractor shall be responsible for all other materials necessary to deliver the precast materials. Measurement and -Payment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), required to supply and deliver the box culvert, wing walls, and cutoff walls to the site. Payment for this item will be made under: SP -700 — Concrete Box Culvert and Associated Precast Members — Lump Sum 6. SP -700.1 — CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST MEMBERS INSTALLATION General: This item shall include all equipment, materials, labor, tools and incidentals associated with the preparation and installation of the concrete box culverts and associated precast members for the pedestrian bridge. The Contractor shall be responsible for completing all work in conformance with Nampa -Meridian Irrigation District, project permit(s) and City of Meridian requirements. The Contractor shall coordinate all construction activities with the Nampa -Meridian Irrigation District and the City of Meridian at least seven (7) days in advance of work within Five Mile Creek. 80 Street Pedestrian Pathway & Box Culvert (Ph 1) 24 of 38 This item also incluues all costs associated with providing and installing the bedding material, Type I aggregate backfill, excavation, and compaction. Backfill to the finished grade as shown on the project plans shall be included in this item. Materials: The Contractor will provide all equipment, materials, labor, tools and incidentals associated with the installation of the bridge including but not limited to bedding and backfill. Workmanship: The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. I Measurement and Pa ment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), including excavation and backfill, required to install the box culvert, wing walls, and cutoff walls. Payment for this item will be made under: SP -700.1 — Concrete Box Culvert Installation — Lump Sum j I 7. SP -801 - PEDESTRIAN PATHWAY (Pre paratlon) General: This item shall include all costs associated with the construction of the pedestrian pathway (excluding aspheM frorn- the, existing, asphalt pathway on the north side-ofFive Mile Creek to the existing chain link fence on the south side of Five Mile Creek. A halt is not included in this Droject. This item shall include all equipment, materials, labor, tools and incidentals required to prepare new Pathway (excluding asphalt) to top of aggregate base from the existing asphalt pathway on the north side of Five Mile Creek to the existing chain link fence on the south side of the Five Mile Creek. Materials: The aggregate base shall conform to Type I crushed aggregate. Subgrade separation geotextile fabric shall conform to ISPWC Section 2050 requirements. Asphalt Is not included in this ro'ect Measurement and Payment: Pedestrian Pathway (preparation) areas shall be measured per square yard of surface area constructed and shall include excavation, Type I crushed aggregate base, and geotextile fabric. Asphalt is not included in this orolect Payment for this item will be made under: SP -801 - Pedestrian Pathway (Preparation) - Per Square Yard 84h Street Pedestrian Pathway & Box Culvert (Ph 1) 25 of 38 6. SP -1004.4.1.F.1 — "i JAPORARY COFFERDAM General: This item shall consist of constructing temporary cofferdams in Five Mile Creek upstream and downstream of the new box culvert installation. The intent of the cofferdam is to allow irrigation and drainage flows to bypass the construction area through the use of pumping or other acceptable methods. Construction of the cofferdams shall conform to all local, state, and federal permit requirements, including the US Army Corps of Engineers Section 404 permit. Materials: Sandbags, plastic sheeting, planking, and other acceptable BMP materials may be used to construct the cofferdam. Earth dams and fill are not acceptable without prior approval from the Engineer. The Contractor shall be responsible for selecting durable materials that will not breach and allow water to flow into the construction area. I Pumps and pipes used to bypass flows shall be sized adequately to transmit flows without causing adverse impacts upstream of the cofferdam. Workmanship- The Contractor's construction methods shall minimize disturbance to the existing ditch. The Contractor shall work in a manner to ensure sediments crested during construction are contained in the project site. The Contractor shall inspect the cofferdam regularly and after every storm. The Contractor shall also make any repairs necessary to ensure the cofferdam is in good working order. Flows retained by the cofferdam and bypassed through the construction site shall be free of turbidity and not degrade downstream receiving waters. Measurement and Payment: Payment for this item will be,made under. SP -1004.4.1.8 1 — Temporary Cofferdam — Per Each 7. SP -2000 — MISCELLANEOUS SPRINKLER REPAIR General: This item shall consist of repairing/modifying existing sprinkler systems at the locations shown on the plans or as directed by the Engineer. This item includes removing, adjusting, and relocating heads, valves, lines, and control wires. This item also includes cutting or capping lines and supplementing existing systems with additional materials as required. Materials: All materials necessary to repair/modify sprinklers shall be equal in quality or better than existing materials. Workmanship: The Contractor shall document the locations of existing sprinkler systems within the construction zone. Documentation shall include, but is not limited to, type and location of existing sprinkler heads, pipe lines, controllers, valves, and control wires. Documentation shall be provided to the 8th Street Pedestrian Pathway & Box Culvert (Ph 1) 26 of 38 Engineer prior to &., volition of existing sprinkler systems. Cons associated with providing documentation of existing sprinkler systems shall be considered incidental. Repaired/modified sprinklers shall be installed to restore adequate coverage to remaining landscape areas and new sod and seed areas. Overspray onto the roadway and sidewalks will not be allowed. The Contractor shall obtain approval from the City of Meridian prior to allowing overspray onto the new asphalt pathway. The Contractor shall maintain all sprinkler systems outside of the construction zone that are impacted by the Contractor's activities. This may require the Contractor to install temporary sprinkler main lines around the construction zone. Costs associated with maintaining sprinkler systems shall be considered incidental. Contractor is required to check restoration work with the City of Meridian Parks and Recreation Department when system is operable in the spring before the City will accept the work. Measurement and Payment: Miscellaneous Sprinkler Repair shall be measured by the lump sum for the entire project. Payment for this item will be made under: SP -2000 — Miscellaneous Sprinkler Repair — Lump Sum 8. SP -2040 — DECORATIVE FENCE General. This item shall include all costs associated with providing and installing decorative fence at the locations indicated on the project plans, or as directed by the Engineer. Materials: Fencing shall be Boise River Fence, Inc., Model: Alternate Vista Cap, or approved equal. Fencing shall be painted black or as directed by the City of Meridian. Workmanship: The Contractor shall submit six (6) sets of shop drawings for the decorative fence, including all anchor and foundation details, to the Engineer for approval prior to beginning fabrication. Shop drawings shall also detail the panel picket lengths required to match the pathway grade and maintain a level top rail. Measurement and Payment: Payment for this item will be made under: SP -2040 -- Decorative Fence — Per Linear Foot 9. SP 2045 — CHAIN LINK FENCE General: This item shall include all costs associated with providing and installing chain link fence at the location indicated on the project plans, or as directed by the Engineer. 8`h Street Pedestrian Pathway & Box Culvert (Ph 4) 27 of 38 Materials: Fencing shall be chain link and shall conform to Section 2040 of the ISPWC. Fencing shall match the existing adjacent fence and include barbed wire. Workmanship: Workmanship shall conform to Section 2040 of the ISPWC. Measurement and Payment: Payment for this item will be made under: SP -2045 — Chain Link Fence -- Per Linear Foot 11. SP -1000 - SWPPP GENERAL Contractor will be responsible for final stabilization. Water pollution control work shall conform to the provisions in the latest edition of the City of Meridian Construction Storm Water Management Plan (CSWMP). The Contractor shall perform water pollution control work in conformance with the requirements in the Construction General Permit (CGP) and its addenda in effect on the day Notice of Award is dated. The CGP and other references for performing water pollution control work are available from the Environmental Protection Agency's (EPA) web site at: http://www.epa.gov/ebtr)aaets/watestormwater.htmi STORM WATER POLLUTION PREVENTION PLAN The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Project Manager for approval. The SWPPP must follow the formatting of the latest EPA SWPPP Template and must be site specific. The SWPPP shall conform to the requirements in the CGP. The SWPPP shall include water pollution control practices: A. For storm water and non -storm water from areas within and outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. 4. Disturbed areas. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment control practices for disturbed soil area. C. Includes dates when these practices will be complete. 8t�' Street Pedestrian Pathway & Box Culvert (Ph 1) 28 of 38 The SWPPP shall it .„pude temporary water pollution control pi actices and their associated contract items of work as shown on the plans or specked in these special provisions. Within 20 days after contract approval, the Contractor shall submit one copy of the SWPPP to the City. The Contractor shall allow 10 days for the City's review. If revisions are required, the City will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the City's comments. The City's review will resume when the complete SWPPP is resubmitted. When the City approves the SWPPP, the Contractor shall submit four copies of the approved SWPPP to the City. Upon completion of an initial project SWPPP that is approved by the City, the City and the Contractor shall submit separate Notices of Intent to EPA Region 10. The Contractor shall not perform work that may cause water pollution until the SWPPP has been approved by the City, both the Contractor and the City meet the 7 -day waiting period after filing separate NOls, and a preconstruction SWPPP inspection with the Contractor and City has been conducted. The City's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall amend the SWPPP as required throughout the project to meet site requirements. If there is a change in construction schedule or activities, the Contractor shall prepare an amendment to the SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the amendment to the City for review within a time agreed to by the City not to exceed the number of days specified for the initial submittal of the SWPPP. The City will review the amendment within the same time allotted for the review of the initial submittal of the SWPPP. If directed by the City or requested in writing by the Contractor and approved by the City, changes to the water pollution control work specified in these special provisions will be allowed. Changes may include addition of new water pollution control practices. The Contractor shall incorporate these changes in the SWPPP. The Contractor shall keep a copy of the approved SWPPP at the job -site: The-SWPPP-shall-be-made-available-when-requested-by-a-representative-ofthe EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to the requestor. Requests from the public shall be directed to the City. IMPLEMENTATION REQUIREMENTS The Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered by the City. The Contractor shall provide qualified personnel with applicable training certification to draft SWPPP, conduct and record inspections, and to meet other permit requirements. A qualified preparer of the SWPPP shall either be certified through the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control or Certified Professional in Stormwater Quality; or have completed a minimum 4 -hour stormwater Resident Engineer or SWPPP preparation training in the past 12 -months through the Owner, Idaho Transportation Department, or other govemmer t agency. A copy of the certification shall be provided in the SWPPP. At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all associated stormwater management documentation in accordance with the CGP. If the ranking corporate officer does not sign the SWPPP and all associated stormwater management documentation, then 8`" Street Pedestrian Pathway & Box Culvert (Ph 1) 29 of 38 they must be signet. oy a duly authorized person so designaccd by the Contractor in a formal letter on corporate letterhead. If the Contractor or the City identifies a deficiency in the implementation of the approved SWPPP, the deficiency shall be corrected immediately, unless an agreed date for correction is approved in writing by the City. The deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, "Water Pollution Control," the City Inspector or Project Manager may order the suspension of work (at Contractor's expense) until the project complies with the requirements of this section. The Contractor shall construct water pollution control items identified in the SWPPP. The Contractor shall maintain the water pollution control items until the City has accepted the project and the Contractor has fled an NOT with the EPA. The Contractor can only file an NOT after receiving authorization to do so by the City. Year -Round The Contractor shall monitor the National Weather Service weather forecast on a daily basis during the contract. The Contractor may use an alternative weather forecasting service if approved by the Project Manager. Appropriate water pollution control practices shall be in place before precipitation. The Contractor may discontinue earthwork operations for a disturbed area for up to 14 days and the disturbed soil area will still be considered active. When earthwork operations in the disturbed area have been completed, the Contractor shall implement appropriate water pollution control practices within 14 days, or before predicted precipitation, whichever occurs first. INSPECTION AND MAINTENANCE Weekly storm water management inspections will be conducted on City Public Works construction projects—The-Contractor-and-the-City-will-perform-weekty-storm,water'management-inspections together. The City's SWPPP Construction Inspection Form will be completed, including signatures, duting the weekly storm water management inspection. The Contractor shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm, B. After precipitation that causes site runoff, C. At 24-hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once a week The Contractor shall oversee the maintenance of the water pollution control practices. REPORTING REQUIREMENTS If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice or order from a regulatory agency, the Contractor shall immediately inform the City Inspector and Project Manager. The Contractor shall submit a written report to the Project Manager within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, 8"' Street Pedestrian Pathway & Box Culvert (Ph 1) 30 of 38 and .e cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. PROJECT COMPLETION The City may authorize the Contractor from further storm water management obligations once the Public Works construction is completed. Contractor must submit a completed "Contractor Request to File Project Notice of Termination" for City review. The Contractor Request to File Project Notice of Termination is included in Appendix F of the City's CSWMP. Upon completion of construction, the Contractor may submit their NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as notification that construction activities with a potential to release pollutants are complete and that the construction site is stabilized in accordance with the provisions of the CGP. END OF PROJECT DOCUMENTATION Before the City accepts the project and before final payment, contractor must supply the City with a copies of all storm water management documentation associated with the project including the SWPPP, completed inspection forms and any other documentation to meet the requirements of the CGP. The copies must be in color, hole punched and inserted into a hard cover three ring binder, and must follow the formatting of the EPA SWPPP template. PAYMENT During each estimate period the Contractor fails to conform to the provisions in this section, 'Water Pollution Control," or fails to implement water pollution control practices the City may withhold .payment. The contract lump sum price presented in the schedule of values for preparing and implementing the storm water pollution prevention plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the City or City's Duly Authorized Representative. The contract lump sum price is a fixed price and any changes to the project for additional storm water pollution prevention to comply with the CGP after the start of construction will be at the Contractor's expense. Payments for storm water pollution prevention will be made as follows: A. Upon City approval of the SWPPP and a preconstruction SWPPP Inspection with a Project Compliance rating of 1, 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. B. Upon City acceptance of the project, the remaining 50 percent of the contract item price for storm water pollution prevention may be Included in Contractors progress payment request. Implementation of water pollution control practices in areas outside the project limits not specifically provided for in the SWPPP or in these special provisions will not be paid for. e Street Pedestrian Pathway & Box Culvert (Ph 1) 31 of 38 Exhibit A CLARIFICATION OF PLANS/DRAWINGS The construction zone for Phase 1 will be from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. Temporary construction entrance and access will be from W. Chateau Ave. Bid Item Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) does not include the 3" Class "C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). Sheet 3 of 4 has a call out'SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN) - The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be Provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with.the exceptionofthe box,culvert, wingwalls,-and cutoff -walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. e Street Pedestrian Pathway & Box Culvert (Ph 1) 32 of 38 EXHIBIT B PLANS/DRAWINGS SEE ATTACHED EXHIBIT B 8th Street Pedestrian Pathway & Box Culvert (Ph 1 ) 33 of 38 EXHIBIT C LIST OF SUBCONTRACTORS NAME OF SUBCONTRACTOR TRADE PERCENTAGE OF BID (D! J C,,5 f k Prtc,r-St f o cJ\JC,+, 5V 11c.r / rPRICE ax Culvert (Ph 9) 34 of 38 EXHIBIT D LICENSE AGREEMENT BY AND AMONG NAMPA & MERIDIAN IRRIGATION DISTRICT AND THE CITY OF MERIDIAN SEE ATTACHED EXHIBIT D 8th Street Pedestrian Pathway & Box Culvert (Ph 1) 35 of 38 EXHIBIT E DEPARTMENT OF THE ARMY PERMIT SEE ATTACHED EXHIBIT E 8t' Street Pedestrian Pathway & Sox Culvert (Ph 1) 36 of 38 EXHIBIT F IDAHO DEPARTMENT OF WATER RESOURCES PERMIT SEE ATTACHED EXHIBIT F e Street Pedestrian Pathway & Box Culvert (Ph 1) 37 of 38 EXHIBIT G INDEPENDENT CONTRACTORS AGREEMENT SEE ATTACHED EXHIBIT G 8`" Stmt Pedestrian Pathway & Box Culvert (Ph 1) 38 of 38 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES Sth STREET PEDESTRIAN PATHWAY AND BOX CULVERT, PHASE I PKS-09-002 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of January, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and H2 EXCAVATION hereinafter referred to as "CONTRACTOR", whose business address is 16089 Franklin Blvd, Unit A #6, Nampa, ID 83687 and whose Public Works Contractor License # is 16456. INTRODUCTION Whereas, the City has a need for services involving 8T" Street Pedestrian Pathway and Box Culvert, Phase I; and WHEREAS, the Contractor is specially trained experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows; TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 1 of 35 whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a lump sum basis in the amount of $64,166.92 as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to, meals, $t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 2 of 35 lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 working days (excluding weekends and City Observed Holidays) to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 3 of 35 because of such delay and not be construed as a penalty. 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the 81" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 4 of 35 personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. 81h Street Pedestrian Pathway and Box Culvert PKS-09-002 page 5 of 35 CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 St" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 6 of 35 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 H2 Excavation Attn: Delbert Hedges 16089 Franklin Blvd Unit A #6 Nana, ID 83687 Idaho Public Works License #:16456 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 7 of 35 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including Jeffers, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 8 of 35 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN OYA TAMMY de WEERD, MAYOR Dated: Approved by City Council: Attest: H2 EXCAVATION BY: \ Dated: JAYCEE L. HOLMAN, CITY CLERK 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 9 of 35 Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY 81h Street Pedestrian Pathway and Box Culvert Department Approval BY: NAN TITL Dated: Noe PKS-09-002 page 10 of 35 Attachment A SCOPE OF WORK GENERAL SPECIAL PROVISIONS CITY OF MERIDIAN PROJECT NO, PKS-09-002 8T" STREET PARK PEDESTRIAN PATHWAY AND BOX CULVERT PROJECT (Phase 1) GENERAL NOTES BASIS OF PAYMENT Except as modified herein, the various work called for on the Bid Schedule shall be performed, measured, and paid for as indicated on said Bid Schedules and as provided in the 2008 IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION (ISPWC) with all adopted supplements. The Contractor is required to be a holder of the applicable ISPWC and ADOPTED SUPPLEMENTS. The intent of the drawings and specifications is to provide a complete package. No separate payment will be made for items not specifically called out in the Bid Schedule. Any such work shall be considered incidental to other items of work and no separate payment will be made. In the event of a conflict between the Special Provisions and the ISPWC, the Special Provisions shall govern. CLARIFICATION OF DRAWINGS The construction zone for Phase 1 will be from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. Temporary construction entrance and access will be from W. Chateau Ave. Bid Item Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) 81h Street Pedestrian Pathway and Box Culvert PKS-09-002 page 11 of 35 does not include the 3" Class "C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). Sheet 3 of 4 has a call out "SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN)" The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. BASIS OF QUANTITIES Unless otherwise specified herein, all quantities are based upon in-place, completed, and accepted units. ACCESS DURING CONSTRUCTION The Contractor shall maintain access to 8t' Street Park and along the existing asphalt pathway north of Five Mile Creek at all times throughout the duration of the project. This shall include providing an adequate surface (free of construction materials, holes, and mud) for all pedestrians. The cost to maintain access shall be considered incidental to other items of work and no separate payment will be made. The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. UTILITY INFORMATION The Contractor is advised that utilibf information and locates were nota part of the desl n and plan Preparation. Therefore utilities are not shown on the prooect plans. It is the 8 fnStreet Pedestrian Pathway and Box Culvert PKS-09-002 page 12 of 35 Contractor's responsibility to re uest utiII& locates and identify -any Potentialidentify-an conflicts with utilities Prior to beginning construction. It shall be the Contractor's responsibility to contact and coordinate with the various utility companies as necessary for the successful completion of the project. This coordination effort shall include, but not be limited to, working other than normal operation hours to permit the relocation of utilities, construction of the box culvert extension and construction of any associated roadway improvements within the time frame of this contract. The cost to contact and coordinate with utilities shall be considered incidental to other items of work and no separate payment will be made. The Contractor shall call Dig Line a minimum of 48 hours prior to any excavation to request utility locations at #811. The Contractor shall expose all existing utility crossings to verify locations and elevations prior to any other construction that may affect those utilities. The cost associated with exposing the existing utilities is considered incidental to the project and no separate payment will be made. DAMAGE BEYOND CONSTRUCTION LIMITS Damage to any area or items outside the construction limits of this project, including existing landscape, irrigation and storm drain facilities, fencing, pavement, curb, gutter, and sidewalk shall be promptly repaired by the Contractor. The cost to complete such repairs shall be considered incidental to other items of work and no separate payment will be made. All items within the construction limits including, but not limited to, trees, bushes, utilities, sidewalks, pipes, driveways, planters, signs, sprinklers, lawns, etc. shall be retained and protected unless specifically noted otherwise on the plans. STORM DRAIN AND IRRIGATION FLOWS The Contractor is responsible for transmitting existing storm drain and irrigation flows, including pathway runoff, during construction. The Contractor shall be responsible for completing all work in conformance with Nampa - Meridian Irrigation District (NMID) requirements. The Contractor shall coordinate all construction activities with the NMID and the City of Meridian at least seven (7) days in advance of work within Fivemile Creek and the canal easement. PROJECT MAINTENANCE DURING CONSTRUCTION The Contractor shall be responsible for project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, blading, sweeping, proper and adequate 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 13 of 35 drainage, access for emergency equipment, and dust control. All project maintenance activities shall also conform to requirements specified in any project permits, including the project Section 404 permit. The Contractor shall be responsible for maintaining both on-site and off-site roadway facilities that are adversely affected by construction activities, including hauling. This maintenance may include, but is not limited to, street sweeping to eliminate tracking (within the project limits, adjacent streets, private driveways, and parking lots), and roadway repairs due to truck and equipment traffic. Required roadway facility maintenance shall be at the discretion of the Engineer. EXCAVATION Excavation, bedding, backfill, and compacting requirements shall be in accordance with ISPWC Specifications except as noted herein. All work shall meet the permit(s) requirements, OSHA requirements and applicable sections of the ISPWC Specifications. Water levels shall be maintained below the bottom of excavations during all types of construction operations. The cost to complete this work shall be considered incidental to the cost of culvert items and no additional payment will be made. SOURCES The Contractor shall prepare and submit submittals of all products to be used to Owner for review and approval. EXCESS MATERIAL SITE The Contractor shall be responsible for providing a site for the disposal of excess or unsuitable materials, unless specifically noted otherwise in the contract documents. If bituminous material is to be disposed of, the site shall meet the requirements of the Idaho Division of Environmental Quality. All excess material sites shall be approved by the City of Meridian. No separate payment shall be made for the acquisition or operation of the sites, nor for loading, hauling or unloading of the materials to the site. QUALITY ASSURANCE TESTS Materials inspection and testing will be provided by the City and coordinated by the contractor. 81h Street Pedestrian Pathway and Box Culvert PKS-09-002 page 14 of 35 Re -testing necessitated by the failure of quality assurance testing of materials placed by the Contractor shall be at the Contractor's expense. These costs shall be deducted from progress estimates. CONSTRUCTION STAKING Construction staking to be provided by and paid by contractor. Construction staking shall be considered incidental and no separate payment will be made. ON SITE SUPERVISION The General Contractor shall provide competent on-site supervision during all construction activities, including SUBCONTRACTORS activities. The superintendent shall be identified at the preconstruction conference, and shall at a minimum be on-site from the notice to proceed date to the completion date. If for any reason the superintendent needs to be replaced by the General Contractor, a written notice must be submitted to the City of Meridian within (5) five working days before the event occurs. INFORMATION GIVEN PRIOR TO AWARD Oral explanations, instructions and interpretations given to bidders prior to award of contract will not be binding. It is the City of Meridian's intent to provide all bidders equal opportunity to access and acquire all available pertinent information necessary to formulate a responsive bid. Any information, specifications, plans, data, or interpretations that the City of Meridian discovers is lacking and may be important to all bidders will be furnished in the form of an addenda, the receipt of which shall be acknowledged by the bidder. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 15 of 35 SPECIAL PROVISIONS I. ITEM 201.4.1.C.1 - REMOVAL OF OBSTRUCTIONS ON PAGE 3 OF SECTION 201 OF THE ISPWC, SUBSECTION 3.1.6.1, delete the entire subsection and add the following: Clearing and grubbing limits shall be within the project area and limited to the locations required to construct the project or as directed by the Engineer. ON PAGE 5 OF SECTION 201 OF THE ISPWC, SUBSECTION 4.1.C, add the following: This item shall include all costs associated with clearing and grubbing. This item shall include all costs associated with the removal and disposal of trees and stumps less than six (6) inches in diameter measured at a point two (2) feet above existing ground. This item also includes installing a new fence post at the end of the remaining fence in those locations where an existing fence is removed. The new post shall be set on the fence line or as directed by the Engineer. All costs associated with backfilling voids created by the removal of pipes, structures, trees, and other items shall be considered incidental and no separate payment will be made. 2. ITEM 206.4.1.1.3 - HAND PLACED RIPRAP ON PAGE 3 OF SECTION 206 OF THE ISPWC, SUBSECTION 2.7.C.1, delete the entire subsection and add the following: Stone to be nearly rectangular with approximately 50% having a volume of at least one (1) cubic foot. Maximum size not to exceed 18" in any direction. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 16 of 35 Geotextile fabric shall conform with ISPWC Section 2050 requirements. ON PAGE 7 OF SECTION 206 OF THE ISPWC, SUBSECTION 3.3.C.1, delete the entire subsection and add the following: Place by hand or mechanical methods to the thickness specified or directed on geotextile fabric placed on prepared slopes. ON PAGE 10 OF SECTION 206 OF THE ISPWC, SUBSECTION 4.1.1.4, add the following: This item includes all costs associated with providing and placing geotextile fabric prior to placing riprap. 3. ITEM 307.4_1.A_3 — MISCELLANEOUS SURFACE RESTORATION (SGW ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2 - MATERIALS, add the following: 2.7.1.1.1. SOD A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. Fertilizers shall comply with the following chemical analysis: 15% to 20% Nitrogen (N) 20% to 25% Phosphoric Acid P20s 2% to 10% Potash K20 C. Sod shall consist of either Blue grass, Princeton #105, Midnight, Quantum Leap, Rye Grass, SR 4200, Calypso 2,; with a 70% blue grass, 30% rye grass blend (or approved equal by the City of Meridian Parks and Recreation Department)suitable for the area to be sodded. ON PAGE 4 OF SECTION 307 OF THE ISPWC, SUBSECTION 3.5, add the following: 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 17 of 35 C. Sod construction shall take place only on those disturbed areas, which currently have established lawns, or as shown on the project plans. A minimum of four (4) inches of topsoil shall be placed in sod areas. The sod areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of grass, shall be removed from the area and wasted as directed. The area shall be floated and rolled to bring it to the finished grade. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of sod areas adjacent to walks, curbs, driveways, and pavements shall be approximately one (1) inch below adjacent grades. Fertilizers shall be spread evenly over the cultivated areas at a rate of four (4) pounds per 1000 square feet and shall be uniformly incorporated into the upper three (3) inches of the soil, after which the areas shall be worked as necessary to provide a smooth, firm but friable lawn bed at the established grades. Sod shall be placed in straight strips. The joints between strips shall be butted together, tight and without gaps. The sod shall be rolled with a 100 pound roller after placement. The surface of the finished sod shall be smooth and uniform. The Contractor shall be responsible for maintaining, protecting, and watering sod areas until the sod is fully established. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.4, delete the entire subsection and add the following: 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 18 of 35 Payment for this item will be made under: 307.4.1.A.3 — Miscellaneous Surface Restoration (Sod) - Per Square Yard 4. ITEM 307.4.1.A.5 — MISCELLANEOUS SURFACE RESTORATION PASTURE ON PAGE 3 OF SECTION 307 OF THE 1SPWC, PART 2 - MATERIALS, add the following: 2.8.1.1.1. PASTURE A. Topsoil shall be friable, loamy soil reasonably free of refuse, roots and seed of noxious weeds and other material detrimental to vegetative growth. B. The pasture grass mix shall be "Northwest Blend" available at Zamzow's, or approved equal. ON PAGE 4 OF SECTION 307 OF THE ISPWC, SUBSECTION 3.5, add the following: D. All areas disturbed by construction activities shall be seeded with pasture seed unless noted otherwise or as directed by the Engineer. Areas disturbed by construction activities that are adjacent to existing lawn shall be repaired with sod as specified in Item 307.4.1.A.3. A minimum of four (4) inches of topsoil shall be placed in pasture seed areas. The pasture seed areas shall be tilled to a minimum depth of six (6) inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris, and other matter encountered during tilling which are detrimental to the preparation of a good seed bed, or which is toxic to the growth of pasture grass, shall be removed from the area and wasted as directed. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of pasture seed areas adjacent to walks, curbs, driveways, and pavements shall approximately match adjacent grades. 81h Street Pedestrian Pathway and Box Culvert PKS-09-002 page 19 of 35 The seed mix shall be applied by a hydro -seeder at a minimum coverage rate of one (1) pound per 20 square yards (250 pounds/acre). Seed shall be applied between September 15 and September 30, or as directed by the Engineer. Seed shall not be applied when the soil is too wet or dry, frozen, or otherwise untillable. Fertilizer shall be applied at the time of seeding at the rate of 10 pounds of Nitrogen (N) per acre and 15 pounds of Phosphorus per acre. Fertilizer shall not be mixed in with the seed in the hydro - seeder. At no time after the seed is in place, shall trucks or equipment be driven on the area. The Contractor is responsible for maintaining, protecting, and watering seeded areas during establishment of the pasture grass. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A, delete the first paragraph and add the following: This item shall be paid for by the square yard of area restored. ON PAGE 9 OF SECTION 307 OF THE ISPWC, SUBSECTION 4.1.A.6, delete the entire subsection and add the following: Payment for this item will be made under: 307.4.1.A.5 — Miscellaneous Surface Restoration (Pasture) - Per Square Yard Stn Street Pedestrian Pathway and Box Culvert PKS-09-002 page 20 of 35 S. SP -700 - CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST MEMBERS General: This item shall include all design, equipment, materials, labor, tools and incidentals associated with the supply of the concrete box culverts and associated precast members for the pedestrian bridge. Materials: The Contractor will provide all precast materials, including the culvert, wing walls, and cutoff walls meeting the following requirements: a. DESIGN LOADINGS i. AASHTO HS -20-44, ASTM -1433 ii. SOIL WEIGHT = 120 PCF iii. DEPTH OF OVERBURDEN 0.0' MIN, 2.0' MAX iv. ASSUMED WATER TABLE: BELOW FINISH GRADE v. EQUIV. FLUID PRESSURE = 40 PCF. vi. 80 PSF LATERAL LIVE LOAD SURCHARGE b. CONCRETE 28 DAY COMPRESSIVE STRENGTH SHALL BE 5,000 PSI (MIN). c. STEEL REINFORCEMENT: REBAR, ASTM A-615 GRADE 60. The supplier of the precast materials must provide 4 copies of stamped engineering submittals (with calculations) for review and approval by the City of Meridian. The supplier of the precast materials must be a NPCA certified plant. The Contractor shall be responsible for all other materials necessary to deliver the precast materials. Measurement and Payment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), required to supply and deliver the box culvert, wing walls, and cutoff walls to the site. Payment for this item will be made under: SP -700 — Concrete Box Culvert and Associated Precast Members — Lump Sum 6. SP -700.1 — CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 21 of 35 MEMBERS INSTALLATION General• This item shall include all equipment, materials, labor, tools and incidentals associated with the preparation and installation of the concrete box culverts and associated precast members for the pedestrian bridge. The Contractor shall be responsible for completing all work in conformance with Nampa -Meridian Irrigation District, project permit(s) and City of Meridian requirements. The Contractor shall coordinate all construction activities with the Nampa -Meridian Irrigation District and the City of Meridian at least seven (7) days in advance of work within Five Mile Creek. This item also includes all costs associated with providing and installing the bedding material, Type I aggregate backfill, excavation, and compaction. Backfill to the finished grade as shown on the project plans shall be included in this item. Materials• The Contractor will provide all equipment, materials, labor, tools and incidentals associated with the installation of the bridge including but not limited to bedding and backfill. Workmanship: The Contractor shall access the culvert location through the park property from West Chateau Avenue. The Contractor shall be responsible for repairing berms, sod, sprinklers, fencing, and other miscellaneous items damaged or removed to accommodate the Contractor's access to the site. Costs associated with repairing these areas shall be considered incidental to other items of work and no additional payment will be made. Measurement and Payment: Payment for this item will be made as a Lump Sum and shall include all labor and materials (except as identified herein), including excavation and backfill, required to install the box culvert, wing walls, and cutoff walls. Payment for this item will be made under: 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 22 of 35 SP -700.1 -- Concrete Box Culvert Installation — Lump Sum 7. SP -801 - PEDESTRIAN PATHWAY (Preparation) General: This item shall include all costs associated with the construction of the pedestrian pathway (excluding asphalt from the existing asphalt pathway on the north side of Five Mile Creek to the existing chain link fence on the south side of Five Mile Creek. Asphalt is not included in this protect_ This item shall include all equipment, materials, labor, tools and incidentals required to prepare new pathway (excluding asphalt) to top of aggregate base from the existing asphalt pathway on the north side of Five Mile Creek to the existing chain link fence on the south side of the Five Mile Creek. Materials: The aggregate base shall conform to Type I crushed aggregate. Subgrade separation geotextile fabric shall conform to ISPWC Section 2050 requirements. Asvhalt is not included in this vroiect Measurement and Payment: Pedestrian Pathway (preparation) areas shall be measured per square yard of surface area constructed and shall include excavation, Type I crushed aggregate base, and geotextile fabric. Asphalt isnot included in -this prat Payment for this item will be made under: SP -801 - Pedestrian Pathway (Preparation) - Per Square Yard 6. SP -1004.4.1.F.1 —TEMPORARY COFFERDAM General: 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 23 of 35 This item shall consist of constructing temporary cofferdams in Five Mile Creek upstream and downstream of the new box culvert installation. The intent of the cofferdam is to allow irrigation and drainage flows to bypass the construction area through the use of pumping or other acceptable methods_ Construction of the cofferdams shall conform to all local, state, and federal permit requirements, including the US Army Corps of Engineers Section 404 permit. Materials: Sandbags, plastic sheeting, planking, and other acceptable BMP materials may be used to construct the cofferdam. Earth dams and fill are not acceptable without prior approval from the Engineer. The Contractor shall be responsible for selecting durable materials that will not breach and allow water to flow into the construction area. Pumps and pipes used to bypass flows shall be sized adequately to transmit flows without causing adverse impacts upstream of the cofferdam. Workmanship: The Contractor's construction methods shall minimize disturbance to the existing ditch. The Contractor shall work in a manner to ensure sediments created during construction are contained in the project site. The Contractor shall inspect the cofferdam regularly and after every storm. The Contractor shall also make any repairs necessary to ensure the cofferdam is in good working order. Flows retained by the cofferdam and bypassed through the construction site shall be free of turbidity and not degrade downstream receiving waters. Measurement and Payment: Payment for this item will be made under: SP -1004.4.1.F.1 — Temporary Cofferdam — Per Each 8 I Street Pedestrian Pathway and Box Culvert PKS-09-002 page 24 of 35 7. SP -2000 — MISCELLANEOUS SPRINKLER REPAIR General: This item shall consist of repairing/modifying existing sprinkler systems at the locations shown on the pians or as directed by the Engineer. This item includes removing, adjusting, and relocating heads, valves, lines, and control wires. This item also includes cutting or capping lines and supplementing existing systems with additional materials as required. Materials: All materials necessary to repair/modify sprinklers shall be equal in quality or better than existing materials. Workmanship: The Contractor shall document the locations of existing sprinkler systems within the construction zone. Documentation shall include, but is not limited to, type and location of existing sprinkler heads, pipe lines, controllers, valves, and control wires. Documentation shall be provided to the Engineer prior to demolition of existing sprinkler systems. Costs associated with providing documentation of existing sprinkler systems shall be considered incidental. Repaired/modified sprinklers shall be installed to restore adequate coverage to remaining landscape areas and new sod and seed areas. Overspray onto the roadway and sidewalks will not be allowed. The Contractor shall obtain approval from the City of Meridian prior to allowing overspray onto the new asphalt pathway. The Contractor shall maintain all sprinkler systems outside of the construction zone that are impacted by the Contractor's activities. This may require the Contractor to install temporary sprinkler main lines around the construction zone. Costs associated with maintaining sprinkler systems shall be considered incidental. Contractor is required to check restoration work with the City of Meridian Parks and Recreation Department when system is operable in the spring before the City will accept the work. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 25 of 35 Measurement and Payment: Miscellaneous Sprinkler Repair shall be measured by the lump sum for the entire project. Payment for this item will be made under: SP -2000 — Miscellaneous Sprinkler Repair — Lump Sum 8. SP -2040 -- DECORATIVE FENCE General: This item shall include all costs associated with providing and installing decorative fence at the locations indicated on the project plans, or as directed by the Engineer. Materials: Fencing shall be Boise River Fence, Inc., Model: Alternate Vista Cap, or approved equal. Fencing shall be painted black or as directed by the City of Meridian. Workmanship: The Contractor shall submit six (6) sets of shop drawings for the decorative fence, including all anchor and foundation details, to the Engineer for approval prior to beginning fabrication. Shop drawings shall also detail the panel picket lengths required to match the pathway grade and maintain a level top rail. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 26 of 35 Measurement and Payment: Payment for this item will be made under - SP -2040 — Decorative Fence — Per Linear Foot 9. SP -2045 — CHAIN LINK FENCE General: This item shall include all costs associated with providing and installing chain link fence at the location indicated on the project plans, or as directed by the Engineer. Materials: Fencing shall be chain link and shall conform to Section 2040 of the ISPWC. Fencing shall match the existing adjacent fence and include barbed wire. Workmanship: Workmanship shall conform to Section 2044 of the 1SPWC. Measurement and Payment: Payment for this item will be made under: SP -2045 — Chain Link Fence — Per Linear Foot 11. SPA 000 - SWPPP GENERAL Contractor will be responsible for final stabilization. 8t' Street Pedestrian Pathway and Box Culvert PKS-49-002 page 27 of 35 Water pollution control work shall conform to the provisions in the latest edition of the City of Meridian Construction Storm Water Management Plan (CSWMP). The Contractor shall perform water pollution control work in conformance with the requirements in the Construction General Permit (CGP) and its addenda in effect on the day Notice of Award is dated. The CGP and other references for performing water pollution control work are available from the Environmental Protection Agency's (EPA) web site at: httl2://www.epa.-gov/ebtpages/watestormwater.htmi STORM WATER POLLUTION PREVENTION PLAN The Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the Project Manager for approval. The SWPPP must follow the formatting of the latest EPA SWPPP Template and must be site specific. The SWPPP shall conform to the requirements in the CGP. The SWPPP shall include water pollution control practices: A. For storm water and non -storm water from areas within and outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. 4. Disturbed areas. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment control practices for disturbed soil area. C. Includes dates when these practices will be complete. Stn Street Pedestrian Pathway and Box Culvert PKS-09-002 page 28 of 35 The SWPPP shall include temporary water pollution control practices and their associated contract items of work as shown on the plans or specified in these special provisions. Within 20 days after contract approval, the Contractor shall submit one copy of the SWPPP to the City. The Contractor shall allow 10 days for the City's review. If revisions are required, the City will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the City's comments. The City's review will resume when the complete SWPPP is resubmitted. When the City approves the SWPPP, the Contractor shall submit four copies of the approved SWPPP to the City. Upon completion of an initial project SWPPP that is approved by the City, the City and the Contractor shall submit separate Notices of Intent to EPA Region 10. The Contractor shall not perform work that may cause water pollution until the SWPPP has been approved by the City, both the Contractor and the City meet the 7 -day waiting period after fling separate NOls, and a preconstruction SWPPP inspection with the Contractor and City has been conducted. The City's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall amend the SWPPP as required throughout the project to meet site requirements. If there is a change in construction schedule or activities, the Contractor shall prepare an amendment to the SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the amendment to the City for review within a time agreed to by the City not to exceed the number of days specified for the initial submittal of the SWPPP. The City will review the amendment within the same time allotted for the review of the initial submittal of the SWPPP. If directed by the City or requested in writing by the Contractor and approved by the City, changes to the water pollution control work specified in these special provisions will be allowed. Changes may include addition of new water pollution control practices. The Contractor shall incorporate these changes in the SWPPP. The Contractor shall keep a copy of the approved SWPPP at the job site. The SWPPP shall be made available when requested by a representative of the EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Stn Street Pedestrian Pathway and Box Culvert PKS-09-002 page 29 of 35 Fisheries Service to the requestor. Requests from the public shall be directed to the City. IMPLEMENTATION REQUIREMENTS The Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered by the City. The Contractor shall provide qualified personnel with applicable training certification to draft SWPPP, conduct and record inspections, and to meet other permit requirements. A qualified preparer of the SWPPP shall either be certified through the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control or Certified Professional in Stormwater Quality; or have completed a minimum 4 -hour stormwater Resident Engineer or SWPPP preparation training in the past 12 -months through the Owner, Idaho Transportation Department, or other government agency. A copy of the certification shall be provided in the SWPPP. At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all associated stormwater management documentation in accordance with the CGP. If the ranking corporate officer does not sign the SWPPP and all associated stormwater management documentation, then they must be signed by a duly authorized person so designated by the Contractor in a formal letter on corporate letterhead. If the Contractor or the City identifies a deficiency in the implementation of the approved SWPPP, the deficiency shall be corrected immediately, unless an agreed date for correction is approved in writing by the City. The deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, "Water Pollution Control," the City Inspector or Project Manager may order the suspension of work (at Contractor's expense) until the project complies with the requirements of this section. The Contractor shall construct water pollution control items identified in the SWPPP. The Contractor shall maintain the water pollution control items until the City has accepted the project and the Contractor has filed an NOT with the EPA. The Contractor can only file an NOT after receiving authorization to do so by the City. 8t" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 30 of 35 Year -Round The Contractor shall monitor the National Weather Service weather forecast on a daily basis during the contract. The Contractor may use an alternative weather forecasting service if approved by the Project Manager. Appropriate water pollution control practices shall be in place before precipitation. The Contractor may discontinue earthwork operations for a disturbed area for up to 14 days and the disturbed soil area will still be considered active. When earthwork operations in the disturbed area have been completed, the Contractor shall implement appropriate water pollution control practices within 14 days, or before predicted precipitation, whichever occurs first. INSPECTION AND MAINTENANCE Weekly storm water management inspections will be conducted on City Public Works construction projects. The Contractor and the City will perform weekly storm water management inspections together. The City's SWPPP Construction Inspection Form will be completed, including signatures, during the weekly storm water management inspection. The Contractor shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm, B. After precipitation that causes site runoff, C. At 24-hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once a week The Contractor shall oversee the maintenance of the water pollution control practices. REPORTING REQUIREMENTS If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice Stn Street Pedestrian Pathway and Box Culvert PKS-09-002 page 31 of 35 or order from a regulatory agency, the Contractor shall immediately inform the City Inspector and Project Manager, The Contractor shall submit a written report to the Project Manager within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, and the cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. PROJECT COMPLETION The City may authorize the Contractor from further storm water management obligations once the Public Works construction is completed. Contractor must submit a completed "Contractor Request to File Project Notice of Termination" for City review. The Contractor Request to File Project Notice of Termination is included in Appendix F of the City's CSWMP_ Upon completion of construction, the Contractor may submit their NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as notification that construction activities with a potential to release pollutants are complete and that the construction site is stabilized in accordance with the provisions of the CGP. END OF PROJECT DOCUMENTATION Before the City accepts the project and before final payment, contractor must supply the City with a copies of all storm water management documentation associated with the project including the SWPPP, completed inspection forms and any other documentation to meet the requirements of the CGP. The copies must be in color, hole punched and inserted into a hard cover three ring binder, and must follow the formatting of the EPA SWPPP template. PAYMENT 8'" Street Pedestrian Pathway and Box Culvert PKS-09-002 page 32 of 35 During each estimate period the Contractor fails to conform to the provisions in this section, "Water Pollution Control," or fails to implement water pollution control practices the City may withhold payment. The contract lump sum price presented in the schedule of values for preparing and implementing the storm water pollution prevention plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the City or City's Duly Authorized Representative. The contract lump sum price is a fixed price and any changes to the project for additional storm water pollution prevention to comply with the CGP after the start of construction will be at the Contractor's expense. Payments for storm water pollution prevention will be made as follows: A. Upon City approval of the SWPPP and a preconstruction SWPPP Inspection with a Project Compliance rating of 1, 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. B. Upon City acceptance of the project, the remaining 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. Implementation of water pollution control practices in areas outside the project limits not specifically provided for in the SWPPP or in these special provisions will not be paid for. CLARIFICATION OF PLANS/DRAWINGS The construction zone for Phase 1 will be. from the existing asphalt pathway on the north side of Fivemile Creek to the existing chain link fence on the south side of the Fivemile Creek. Temporary construction entrance and access will be from W. Chateau Ave. Bid Item Miscellaneous Surface Restoration (Pasture and Sod) and Bid Item Miscellaneous Sprinkler Repair shall be limited to these areas only. Sheet 2 of 4 has an ASPHALT PEDESTRIAN PATHWAY detail. This project (Phase 1) does not include the 3" Class "C" asphalt paving. Contractor shall construct everything in the detail (except for the asphalt) at the appropriate elevation in preparation for the future asphalt paving (not included in this project). 81h Street Pedestrian Pathway and Box Culvert PKS-09-002 page 33 of 35 Sheet 3 of 4 has a call out "SEE SHEET 4 FOR BOX CULVERT PLANS (PRECAST MATERIALS PROVIDED BY CITY OF MERIDIAN) - The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 3 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. Sheet 4 of 4 under GENERAL NOTES, note 2 states "This project includes all necessary labor and materials to construct the project with the exception of the box culvert, wingwalls, and cutoff walls (Materials only, provided by the City of Meridian). The Precast Materials will not be provided by the City of Meridian. The Precast Materials are to be provided by Contractor. ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-09-002, are by this reference made a part hereof. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 34 of 35 Attachment B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $64,166.92 Item No.EHand Item Description Estimated Unit Unit Price Item Total Quantity 201.4.1.C.1l of obstructions 1 LS $370.00 $370.00 206.4.1.1.3 d 12i 30 CY $ 26.50 $795.00 307.4.1.A.3neous Surface Restoration Sod 1 LS $845.00 $845.00 307.4.1.A.5 Miscellaneous Surface Restoration Pasture 200 SY $ 3.43 $686.00 2010.4.1.A.1 Mobilization 1 LS $2,300.00 $2,300.00 SP -700 Concrete Box Culverts and Associated Precast Members 1 LS $42,612.00 $42,612.00 SP -700.1 Concrete Box Culvert Installation 1 LS $7,230.60 $7,230.60 SP -801 Pedestrian Pathway (Preration 1 LS $1,870.60 $1,870.60 SP -1004.4.1.F.1 Temporary Cofferdam 2 EA $1150.00 $2,300.00 SP -2000 Miscellaneous Sprinkler Re it 1 LS $ 310.00 $ 310.00 SP -2040 Decorative Fence 84 LF $27.33 $2,295.72 SP -2045 Chain Link Fence 10 1 LF $ 54.70 $547.00 SP -1000 SWPPP 1 I LS $2,005.00 $2,005.00 TOTAL $64,166.92 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 8th Street Pedestrian Pathway and Box Culvert PKS-09-002 page 35 of 35