Independent Contractor Agreement Form with Heartland Construction for Tully Skateboard ParkAGREEMENT FORM
THIS AGREEMENT is between HEARTLAND, L.L.C. dba HEARTLAND CONSTRUCTION, L.L.C.
(herein called CONTRACTOR) and City of Meridian, Idaho (herein called OWNER). OWNER and
CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
WORK
1.1 CONTRACTOR shall complete Work as specified or indicated in the Contract Documents.
The work is generally described as follows:
"Tully Skateboard Park"
2. LANDSCAPE ARCHITECT
2.1 The Land Group is hereinafter called Landscape architect and is to act as OWNER's
representative, assume duties and responsibilities, and have the rights and authority assigned
to in the Contract Documents in connection with completion of the Work in accordance with
the Contract Documents.
3. CONTRACT TIME
3.1 Contract Times:
3.1.1 CONTRACTOR will achieve Substantial Completion on or before
and Work will be completed and ready for final payment and
acceptance in accordance with the General Conditions on or before f C1t
3.2 Liquidated Damages
3.2.1 OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in paragraph Contract Times above, plus any extensions thereof allowed
in accordance with the General Conditions. OWNER and CONTRACTOR also recognize
the delays, expense and difficulties involved in proving in a legal or other dispute resolution
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER
two hundred and fifty dollars and zero cents ($250.00) for each day that expires after the
time specified in paragraph Contract Times above, for Substantial Completion until the
Work is substantially complete.
3.2.2 After Substantial Completion, if CONTRACTOR neglects, refuses, or fails to
complete the remaining Work within the Contract Times or any property OWNER
granted extensions thereof, CONTRACTOR shall pay OWNER one hundred
dollars and zero cents ($100.00) for each day that expires after the time specified
in paragraph Contract Times above for completion and readiness for final payment.
3.2.3 OWNER shall recover such liquidated damages by deducting the amount owned
from the final payment or any retainage held by OWNER.
Tully Skateboard Park Agreement/1 8/01
4. CONTRACT PRICE
4.1 Contract Price:
4. 1.1 OWNER shall pay CONTRACTOR the following total based on the conformed Bid,
which is included as an Exhibit to this Agreement.
One Hundred Fifty Two Thousand Dollars and no/100 cents ($152,000.00).
Subject to additions and deletions as provided in the Contract Document.
5. RETAINAGE
5.1 Prior to final Completion, OWNER shall retain from progress payments five (5) percent of
the value of Work completed, OWNER shall retain (5) percent of the value of stored
materials and equipment.
5.2 OWNER will release to CONTRACTOR all retainage for those separate portions of the
Work determined finally complete by LANDSCAPE ARCHITECT and accepted by
OWNER for use as intended.
6. INTEREST
6.1 Monies not paid when due as provided in article 14 of the General Conditions shall bear
interest at the rate ofrpercent per month.
7. CONTRACTOR S REPRESENTATIONS
7.1.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, general nature of work to be performed by OWNER or
others at the site that relates to Work required by the Contract Documents and local
conditions and federal, state, and local Laws and Regulations that in any manner may affect
cost, progress, performance, or furnishing of Work.
7.1.2 CONTRACTOR has studied carefully reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions of the General Conditions, and accepts the determination set forth in the
Supplementary Conditions of the extent of the technical data contained in such reports and
drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR acknowledges
that such reports and drawings are not Contract Documents.
7.1.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) examinations, investigations, explorations, tests, studies, and reports
(in addition to or to supplement those referred to above) which pertain to the conditions
(subsurface or physical) at or contiguous to the site or otherwise and which may affect the
cost, progress, performance, or furnishing of the work as CONTRACTOR deems necessary
for the performance and furnishing of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of the General Conditions; and not additional or
Tully Skateboard Park Agreement/2 8/01
supplementary examinations, investigations, explorations, tests, reports, or similar
information or data re or will be required by CONTRACTOR for such purposes.
7.1.4 CONTRACTOR has reviewed and checked information and data shown or indicated in the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and has included costs as defined in the General Conditions.
7.1.5 CONTRACTOR has correlated information known to CONTRACTOR and results of such
observations, familiarizations, examinations, investigations, explorations, tests, studies, and
reports with Contract Documents.
7.1.6 CONTRACTOR has given LANDSCAPE ARCHITECT written notice of all conflicts,
errors, ambiguities or discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by LANDSCAPE ARCHITECT is acceptable to CONTRACTOR, and the
Contract Documents are generally sufficient to indicate and convey understanding of terms and
conditions for performing and furnishing Work.
8. CONTRACT DOCUMENTS
8.1 The Contract Documents which comprised the entire Agreement between OWNER and
CONTRACTOR concerning Work are defined in the General Conditions.
8.2 Drawings bearing the following general title: Tully Skateboard Park
8.3 Addenda numbers J— to 15 , inclusive.
8.4 Exhibits to this Agreement include:
8.4.1
Advertisement for Bid
8.4.2
Instruction to Bidders
8.4.3
Bid Form signed by CONTRACTOR
8.4.4
Executed Performance Payment Bond
8.4.5
Public Works Contract Report
8.4.6
Documents submitted by CONTRACTOR prior to execution of Agreement.
8.4.7
Notice to Proceed
9. MISCELLANEOUS
9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be bound;
and specifically, but without limitation, monies that may become due and monies that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
Tully Skateboard Park Agreement/3 8/01
9.3 GOVERNING LAW, The validity. Meaning and effect of this Contract shall be determined
in accordance with the laws of the State of Idaho applicable to contracts made and performed
in are subject to the venue of the Fourth Judicial District of the State of Idaho
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and LANDSCAPE ARCHITECT. All
portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR.
OWNER:
Date Ds-/I�.3OL
(CORPORATE`�L�f/Qj'•,���.
Address for giving no€ices-
33 E. Idaho siUL =
CONTRACTOR:
(CORPORATE SEAL)
Address for giving notices
"0 Q;
'OUNT`� �``���`���
Phone (208) 888-4433 208-939-2808
(If OWNER is a public body, attach License No. 14419-A-3-4(7,38,39,43)
evidence of authority to sign and Agent for service of process:
resolution of other documents
authorizing execution of Agreement.)
(If CONTRACTOR is a corporation,
attach evidence of authority to sign.)
Tully Skateboard Park Agreement/4 8/01
ADDENDUM TO CONSTRUCTION AGREEMENT #3
This Addendum made this oL3 day of , 2002, by and between the
City of Meridian, Idaho, hereinafter referred to a `City", and Heartland, L.L.C. dba
Heartland Construction, L.L.C., hereinafter referred to as "Contractor."
Witnesseth:
Whereas, the City of Meridian has twice solicited formal bids for the Tully
Skateboard Park; and
Whereas, the lowest bids at each bid opening greatly exceeded the architect's
estimate for the project; and
Whereas, the Meridian City Council rejected all bids after each bid opening; and
Whereas, in compliance with Idaho Code 50-341, the Meridian City Council has
determined that the construction of the Tully Skateboard Park can be performed more
economically on the open market; and
Whereas the contract price submitted by Contractor is lower than the lowest bid
submitted in response to either of the two formal invitations to bid for the construction of
the Tully Skateboard Park; and
Whereas, the City's ability to proceed is conditioned upon the receipt of funds and
donations from third parties.
Now, therefore, in consideration of the foregoing, and for valuable and mutual
consideration, the parties hereto agree as follows:
1. This addendum is made a part of the contract between the parties of the
same date hereof.
2. The foregoing contract to which this addendum is a part, and the work to
be performed pursuant to that agreement, and the parties' obligation to be
bound to the contract, are contingent upon the following:
a. Payment to City from Brighton Corporation and/or David Turnbull
of the sum of $11,000 on or before June 15, 2002; and
b. Payment to City from Howell -Murdoch Development and/or
Kevin Howell of the sum of $5,000 on or before June 15, 2002;
and
C. Payment to City from Friends of Meridian Parks of the sum of
$5,000 on or before June 15, 2002; and
d. Payment to City from interested skateboard enthusiast/youth
groups of the sum of $6,000 on or before June 15, 2002; and
Addendum to Construction Agreement -1
e. Donation to the City from Low's RediMix of concrete worth not
less than $10,000 for use in the Tully Skateboard Park project.
3. In the event that the foregoing payments or donations are all received as
set forth above, then Contractor will receive a Notice to Proceed from City
and the work shall begin as set out in the contract documents. In the event
that any of the foregoing payments or donations are not received as set
forth above, then, and in said event, the Contract for Construction of
which this addendum is a part, shall be null and void.
Attest:
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Welham G. Bei,„;,,,ty�Clerk
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Addendum to Construction Agreement -2
City of dean, Idaho
By
Robert . Corrie, Mayor
Heartland, L.L.C.
dba Heartland Construction, L.L.C.
M -�e --' 44
Geor raps , Manager
RESOLUTION NO. 02-� 5
PARKS AND RECREATION DEPARTMENT
SUBJECT: TULLY SKATEBOARD PARK
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN PURSUANT
TO IDAHO CODE §50-341 PERTAINING TO THE CONSTRUCTION OF THE TULLY
SKATEBOARD PARK, FINDING THAT THE CONSTRUCTION OF SAID PARK CAN
BE ACCOMPLISHED AT A LOWER PRICE ON THE OPEN MARKET.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN:
SECTION 1: Heartland, L.L.C. doing business as Heartland Construction, L.L.C. holds a
license authorizing it to work on Public Works projects up to One Million and No/100
($1,000,000.00) Dollars in value.
SECTION 2: Heartland, L.L.C. is willing to construct the Tully Skateboard Park project for the
sum of One Hundred Fifty Two Thousand and No/100 ($152,000.00) Dollars.
SECTION 3: In two previous solicitations for bid, the lowest bid was $188,750.00.
SECTION 4: Awarding a contract to Heartland, L.L.C. for the construction of Tully Skateboard
Park will allow the City to construct the Park at a lower price than would have been achieved by
competitive bidding.
SECTION 5: Pursuant to Idaho Code §50-341 K the Mayor is authorized to sign, and the City
Clerk to attest, a Construction Agreement with Addendum for the construction of Tully
Skateboard Park at a contract price of One Hundred Fifty Two Thousand and No/100
($152,000.00) Dollars.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
21 day of YYL QUt , 2002.
Resolution for Tully Skateboard Park - Page 1 of 2
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
D �It day of CLU, 92002.
BY:,�7ZO
yor Robert D. Corrie
ATTEST:
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Resolution for Tully Skateboard Park - Page 2 of 2
602.doc
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East
Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes and do
hereby certify that on the day of A4 , 2002, the following action has been taken
and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN PURSUANT
TO IDAHO CODE §50-341 PERTAINING TO THE CONSTRUCTION OF THE TULLY
SKATEBOARD PARK, FINDING THAT THE CONSTRUCTION OF SAID PARK CAN
BE ACCOMPLISHED AT A LOWER PRICE ON THE OPEN MARKET.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN:
SECTION 1: Heartland, L.L.C. doing business as Heartland Construction, L.L.C. holds a
license authorizing it to work on Public Works projects up to One Million and No/100
($1,000,000.00) Dollars in value.
SECTION 2: Heartland, L.L.C. is willing to construct the Tully Skateboard Park project for the
sum of One Hundred Fifty Two Thousand and No/100 ($152,000.00) Dollars.
SECTION 3: In two previous solicitations for bid, the lowest bid was $188,750.00.
SECTION 4: Awarding a contract to Heartland, L.L.C. for the construction of Tully Skateboard
Park will allow the City to construct the Park at a lower price than would have been achieved by
competitive bidding.
SECTION 5: Pursuant to Idaho Code §50-341 K the Mayor is authorized to sign, and the City
Clerk to attest, a Construction Agreement with Addendum for the construction of Tully
Skateboard Park at a cong;�gpj�ce of One Hundred Fifty Two Thousand and No/100
($152,000.00) Doll\4e�.OiF MF�gj����,����/
F ;
SEAL =WILLIAM G. BERG, JR.
Certificate of Cl&)C7 �Usr tsl.1
Z. Page 1 of 2
STATE OF IDAHO, )
: ss.
County of Ada, )
On this day of.yy(A , in the year 2002, before me,
26,'a Notary Public, appeared WILLIAM G. BERG, JR.,
known or identified to -me to be the City Clerk of the City of Meridian, Idaho that executed the said
instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian.
S''�
(SEAL)
•e:�OFmP�'•
Notary Public for Idaho
Commission Expires: b
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Certificate of Clerk Page 2 of 2