Loading...
Award of Bid and Agmt with Haemker Construction for Generations Plaza UpgradesTo: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Mike Barton Date: 9/26113 Re: October 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October Vt City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Haemker Construction, Inc. for "Generations " ed„amount of $115,000.00. Generations Plaza Upgrades for the Not -To -Exceed Recommended Council Action: Award of Bid and Approval of Agreement to Haemker Construction, Inc. for the Not -To -Exceed amount of $115,000.00. Thank you for your consideration. • Page 1 Date: 9/20/2013 Fund: 01 Departmen Construction: X Project Name: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT PARKS 5200 GL Account: 92402 Project # Project Manager: Mike Barton Contractor/Consultant/Design Engineer: Budget Available (Attach Report): PSA: Task Order: GENERATIONS PLAZA FOUNTAIN UPGRADES Department Representative: Haemker Construction, Inc. Contract Amount: $115,000.00 N/A Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 2014 Enhancement #: 1 Grant #: n/a Other: n a Type of Grant: n/a CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes / September 23, 2013 PW License # C-13663 Corporation Status (Attach Print Out): Insurance Certificates Received (Date): Approved by Risk Management Payment and Performance Bonds Received (Date): Builders Risk Ins. Req`d: Yes No X 10112.a Date Award Posted: September 13, 2013 Current? (attach printout) X Correct Category? Goodstanding September 26, 2013 Rating: A+ September 26, 2013 Rating: A+ If yes, has policy been purchased? n/a Date Submitted to Cleric for Agenda: q126111-3 Approved by Council Issue Purchase Order No Date Issued: Issue Notice of Award: Date: Yes City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included in Report 5200 - Parks •- Admin 01 - General Fund From 10/1/2013 Through 9/30/2014 Capital Outlay 92402 Generations Plaza Construction 0000 NON -DEPARTMENTAL 10112.a Generations Plaza Water Feature Remodel Total Capital Outlay TOTAL EXPENDITURES Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 114,600.00 0.00 119,600.00 14,500.00 0.00 14,500.00 129,100.000.00 129,100.00 129,100.00 0.00 129,100.00 100.00% 100,000 100.00"% 100.00% (late: 9/26/13 01:11:19 Phi Page; 1 0 0 N w 69 000000 o 0 0 0 0 o 0 O 0 C Ln 000 w0 T G O J 69 6F, 6FT 64 69 64 EFT EFT 69 VT d9 Eft ER 6R 69 EA ER Vi 69 V3 VT 64 69 60 VT VT VT VT Vt VT m#� 4 .`o in tm _ �� a a a o W VT VT EFT 69 69 Vi 69 V3 EFT', 6R EfT V3 V3 VT VT VT to VT VT VT VT VT EFT 64 4 t9 6S I I I I b ~ c LLD 0 4A 69 6R 69 Efi Vt 69 69 Z 0 2U) cu e O , O a n cm c O V3 ff-T 69 69 64 VT VT VT E I I I + 0 0E- u, r- O €] O y 64 64 64 EA <A, VT co Q% CD N W r CL Z tm Y 0) w c Y LL a M c w 0 0CD d CL O C 69 69 64 (a VT 7~ } VT VT VT CD W— m 0 0 0 0 0 0 0 0 Q1 C G 1 I I I LO 0 4 CD co O T T Z V O N O co 'IT C z N r V cM N r r v � O d m LL 6!t 69 w U) W% VT 69 V3 64 H3 ea 69 VT 611, EL t m m v Co_ CL Q C I I I I + aT C N C (7 o c C O � 6q 69 69 69 VT 6+T Vi EFT CL fn H U3 w v } a U. a z U d LU ] w W Eh O= O. W L) . ZZ Z O ;6 �, Z'w ��.2Ya) �a z ate' Ocn z 0 c au ' a o x0 ��w �} _� � V O fax �� 45 z LU U co � w d !� o a) I� � O o c J O� 0 v U a w C T ~ O Q U' O LLw z c N Q �Z O H O m ©� c� I_ LY] N m ami oIr co a)aa)CUEE 011 ~ Z Q Lu Q� m 7 c U w Q� m 0 n m� : W a O Q U o 0 m 0 0 o U z o z m o 'co [7 LLL 000 dT N m Lf) 00— ON N N N NNNN NN O0OE700 O C 0 0 N (NSF C N V C(V CNV' LLI 2 LU V d' V' b' sl' 6T 05 Eri E) 0) 0) p 00000000 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 } O OOO C3 0000 N N N N N N 00000000000 0000®00 N N N N N N N N N N N N N N N N N N �-- O N N IS) LO =f? +li m =i7 LL] LTJ Ln LO LO U-) LO LO 0 LO +ti LO LO Lf) LO Ln to Ln M m V LL! 3 C _ Ua -E3 N 3 � ar U � 3 C tU N E O_ N Cr m N U1 C: a m U t C O 0 4 O C: ti O i6 O Co Co Q � O U V E -0 .CL 0 07 0 0 CL as QI � 0 CL C W N ._: U 3 U U/ Cr (D ii b 3 N a C: In N 3 L C N O: N a) --C O w. aQ = Z3 tli Y U a a 'a m a O f/1 O. -C O N i7 -0 U U m v+ � 3 C � U i6 'U yr C Q03 U UU O Cu � C 3 U r U air P c -c .i E a a� u .E ep c a ID m o a c 0 a , C N N Y L a � a Q a t L} P s p a¢ m u b4 u 0 L a E +- a WO a C Ty -p C a p J =aW u �E am'a Ep Y m a m ''v �-a .v ` o P� a> Y p o P. . -a` E E Ea T u y J a C C Q Y— -P p a n t ..�, 0 ro uIV w� 3 u E Y c 3 s Y a0 t _E a� 04 C Y Q m a a m a Q a 'lO N P G c a L G c Q y s Z U -4 E O 870 N a E acr c -O a T ✓a+ E m m a E m w Q, 'E v iD E p a� Cr c ". c -0. °' 3 3 } EY oL oa m 3 v `o ;.° E Q 0 aNu r c n c E N t n t 0 P C C N E E y n ms a a a r E 0 a m£ � w a a$ m E� p a y m y 0 C C d W V OJ w= a m Y c 'E mm u Y c0 iq 'C O a `pF 3 a ° a. a a •- o_ N m u near m c a y c cQ pp m L N vEi M 0 Tm •C Wa J> C C -O =' m S c o r s l a m o a P o t 0 JM 7 u C E C r a P C auto a m-` A M W -C 01 O U C© mk N m Y a� 3 `• a '« o x u C a m E P -P aa ly E � � 3 .� __ +� E O O m y � m u a -LV Ea � '" v a m •` O C m H vN�i a a a a° a° ao h C v is w N 3 H H `o - u 3 C Qf E m CL O '6 a C Q� E N Q E U m O L 0 N O E ro U n - 3.E O N N Sj m L 3 (a m E E Q! "UO O Mn � m L 12 0 E m E a v a u n E 0 E .71n O N O C E m v V a c vs 3 a a c a DO L: u O a c O c 7 m Yv c U a Oc N C (D E E 0 N 0 a ❑. Q 7 m U G c LL T .a tll N C) Q W I L p } f - z U N O _U U LL m - } a U COBE m ((i C U LL vi U L N m o N } Lo C O U N 'a N 3 � O Or J N Q f J Q NN � LL E 4 a _Q � 3 L Cr c m LL L 'LD 0_ - N a C Q C) oUC) V) 0 N O N C, 0 N M Q N O T 1■IINII� W QEi Q W llC F W a 0 LU Fes- J o W z 0 a D � _ a Im 0 m sgng # 3!1 � Pu®g P!9 \ CL wnpuepp C peu6!g 0 G u_ u (� T C T O — ` L r W d � a. IW L W C z Z 0 z W 1■IINII� llC Untitled Page Login Public Contractor Search PERMITS LICENSE PUBLIC WORKS VIOLATIONS ELEVATORS Page 1 of 1 Pivi�ion of f5U I !d! A6— 5afv� Public Works Search.,' SearchAciain Download Resul Company Name License Number Work Category(s} Haemker Construction, Inc. PWC -C-13663 00003, 02310, 0279 Page: 1 of 1 Next Details - License Number: PWC -C-13663 Lie Info I Fees $800.001 Registration#: PWC -C-13663 Issue: 5/28/2013 Expire: 5/31/2014 Type: PUBLIC WORKS Sub -Type: C Status: ACTIVE Comp/Name: Haemker Construction, Inc. Address1: 2414 E Railroad St City, State, Zip: NAMPA, ID 83687 Phone: (208) 467-7480 Cell: Pager: Fax: (208) 467-7481 Owner Name: https:Hdata.dbs.idaho.gov/etralcit2/ldaho_PublicWorlcsSearchRslts.aspx 9/20/2013 IDSOS Viewing Business Entity Page 1 of 1 IDAHO SECRETARY OF STATE P Viewing Business Entity P , �x o� Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for HAEMKER CONSTRUCTION, INC. ] HAEMKER CONSTRUCTION, INC. 2414 E RAILROAD ST NAMPA, ID 83687 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 02 Nov 2012 State of Origin: IDAHO Date of 03 Jan 2006 Origination/Authorization; Initial Registered Agent: JAMES R HAEMKER 2414 E RAILROAD ST NAMPA, ID 83687 Organizational ID / Filing C164296 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 17 Jan 2013 Original Filing - Help Me Print/View TIFF ] Filed 03 Jan 2006 INCORPORATION View Image (PDF format) View Image TIFF format Annual Reports: [ Help Me Print/View TIFF ] Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Idaho Secretary of State's Main Page View Image PDF format View Image TIFF format View Image PDF format View Image TIFF format State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov httpalwww.accessidaho.org/public/sos/corp/C 164295.html 9/20/2013 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (GENERATIONS PLAZA FOUNTAIN UPGRADES) PROJECT# 10112.a THIS ACIREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of 013, and entered into by and between the City of Meridian, a municipal corpo ation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Haemker Construction, hereinafter referred to as "CONTRACTOR", whose business address is 2414 E. Railroad St., Nampa, ID 83687 and whose Public Works Contractor License # is C- 13663 -C-3-4. INTRODUCTION Whereas, the City has a need for services involving GENERATIONS PLAZA FOUNTAIN UPGRADES; 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 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, GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 1 of 10 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 provided 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 Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $115,000.00. 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 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, 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, (b) September 30, 2013 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 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. GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 2o#10 3.3 Should City fail to pay Contractor all or any part 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 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 (forty-five) 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 three hundred dollars ($300.00) 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. 4. Termination, 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents falls 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 (50) 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. 4.2 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 GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 3 of 10 (b 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 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: 6.1 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 tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and p y , throughq_out the term of this Agreement, specifically agrees that ft well maintain, 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, 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. 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 GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 4 of 10 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. 6.3 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. 6.4 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. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 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 Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. 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: GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 5 of 10 CP CITY CONTRACTOR City of Meridian HAEMKER CONSTRUCTION Purchasing Manager Attn: Linda Haemker 33 E Broadway Ave 2414 E. Railroad St. Meridian, ID 83642 Nampa, ID 83687 208-888-4433 Phone: 208-467-7480 Email: linda@haemkerconstruction,com Idaho Public Works License #C -13663-C-3-4 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Reports and Information: 14.1 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. 14.2 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 GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 6 of 10 representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. 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. 16. 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. 17. 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. 18. 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. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. 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. 21. 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. 22. 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. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. GENERATIONS PLAZA FOUNTAIN UPGRADES page 7 of 10 Project 10112.a 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. 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. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN HAEMKER CONSTRUCTION TAMMY de D, MAYOR Dated: I ( I Approved by Council: 7p TkLJ AUCi� rte, City of �nAHo SEAL she T!:Fa Att JAYCEE OLMAN, CITY CLERK Purchasing Approval BY: KEIT ATTS, Purchasing Manager Dated:: q12 GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a De BY:_ STEV KER, Vice President Dated:: `/U arks & Ret Director page 8 of 10 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PKS-13-10112.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-13-10112.a, are by this reference made a part hereof. GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 9 of 10 Attachment B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $115,000.00. Payment Milestone I Delivery & Installation of 50% Water Filtration Eauir)ment Contract includes furnishing all labor, materials, equipment, and incidentals as required for the GENERATIONS PLAZA FOUNTAIN UPGRADES per IFB PKS-13-10112.a Total Bid Schedule 1 ...................$115,000.00 CONTRACT TOTAL ....................... $115,000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 10 of 10