Independent Contractor Agreement with H2 Excavation for 8th Street Pedestrian Pathway and Box CulvertAGREEMENT
FOR
INDEPENDENT CONTRACTOR SERVICES
STREET PEDESTRIAN PATHWAY AND BOX CULVERT, PHASE I
PKS-09-002
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this � ' k 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
1. 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
8t' 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,
8' 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
8t' 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
8t' 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 attomeys' 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.
8t' 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 its 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
8�" 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
Nampa, 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.
8' 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 letters, 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
8�' 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 H2 EXCAVATION
BY:
TAMM WEERD, MAYOR B
Dated: 1-7-07- Dated:
Approved by City Council: [ — la�r'10'
JAYCEWL. HOLMA , Cl1'7Y ER
'r ISA.
8' Street Pedestrian Pathway and Box Culvert
PKS-09-002 page 9 of 35
Approved as to Content
BY:
KEIT S, P CHASING AGENT
Dated: 1' O % q
Approved as to Form
CITY ATTORNEY
e Street Pedestrian Pathway and Box Culvert
Department Approval
JVWL."IIA
BY: i �;
NAME: 7�a`
TITLE:
Dated:
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)
8t' 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 utility information and locates were not a Part of the design
and Dian Preparation. Therefore, utilities are not shown on the Project Plans. It Is the
8 Street Pedestrian Pathway and Box Culvert PKS-09-002 page 12 of 35
Contractor's responsibility to request utility locates and identifv any Potential 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
8t` 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.
8th 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.
8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 15 of 35
SPECIAL PROVISIONS
1. ITEM 201.4.1.C.1 - REMOVAL OF OBSTRUCTIONS
ON PAGE 3 OF SECTION 201 OF THE ISPWC, SUBSECTION 3.1.13.1, 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 grabbing.
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.
8t' 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 (SOD)
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 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:
8t' 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 platted 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:
8t' 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 JL5 — 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 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.
8t' 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
8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 20 of 35
5. 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 Pavment:
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, wring 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
S. SP -700.1— CONCRETE BOX CULVERTS AND ASSOCIATED PRECAST
8t' 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 project.
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 th/s vroiec>t
Measurement and; Payment:
Pedestrian Pathway (preparation) areas shall be measured per square yard of
surface area constructed and shall include excavation, Type I crashed aggregate
base, and geotextile fabric. Asphalt Is not included in this oroiect.
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:
8"' 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' 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 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:
Al 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.
8' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 25 of 35
Measurement and Pavment:
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.
8' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 26 of 35
Measurement and Pavment:
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 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.
8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 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:
http:/Aivww.epa.gov/ebtoa-ges/watestormwater.html
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.
8th 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 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 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
8t' 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.
$t' 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
8t' 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 fomes
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
8t' 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).
8t' 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.
8t' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 34 of 35
Attachment B
MILESTONE t PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$64,166.92
Item No.
Item Description
Estimated
Quantity
Unit
Unit Price
Item Total
201.4.1.C.1
Removal of Obstructions
1
LS
$370.00
$370.00
206.4.1.1.3
Hand Placed Rlprap
30
CY
$ 26.50
$795.00
307.4.1.A.3
Miscellaneous 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 Pathwa (Preparation)
1
LS
$1,87060
$1,870.60
SP -1004.4.1.F.1
Temporary Cofferdam
2
EA
$1,150.00
$2,300.00
SP -2000
Miscellaneous Sprinkler Repair
1
LS
$ 310.00
$ 310.00
SP -2040
Decorative Fence
84
LF
$27.33
$2,295.72
SP -2045
Chain Link Fence
10
LF
$ 54.70
$547.00
SP -1000
SWPPP
1
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.
8' Street Pedestrian Pathway and Box Culvert PKS-09-002 page 35 of 35