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Autumn Faire Well Lot Landscape City of Meridian Public Works Dept. Memo RECEIVED '" ", "" IJ')'" ~. :.~. ~._.j ~t :.:~ To: Tammy de Weerd, Mayor From: Jon Mills, Staff Engineer CC: Brad Watson, Public Works Director Date: 10/24/2005 cn"y OF f/iERIDIAN ", -11-" I "r C \j ,", >.:" - R V r,t:::::/rF'- -- ~._- _ _ '....1,. "._,j = Re: Autumn Faire Well Lot Landscaping Contracts The Public Works Department respectfully requests the enclosed contracts be signed and fully executed by the mayor. These contracts were approved by the City Council on October 10, 2005. Thank you for your consideration. Please contact me if you have any questions rega~ding any of these items. . Page 1 ., STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the 18th day of October in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Sunshine Landscape (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: At 3150 N. Valley Green Way, install sprinkler system, with tie in to pressurized irrigation. Lot will be fme graded and five 2" caliper trees will be planted around lot and sod installed to cover the balance of the lot. The Project for which the Work under the Agreement is described as follows: Autumn Faire Well Lot Landscaping Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $4381.65. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the I st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until fmal completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 10/18/2004 Page 1 .'"'1 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/ A. 8.3 Information For Bidders - N/ A. 8.4 Drawings - N/A. 8.5 CONTRACTOR's Quote - 10/03/2005. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Any documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9 .1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10/18/2004 Page 2 , 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 of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. Trees shall be guaranteed for 90 days after the contract completion date as Overseen by the Autumn Faire Homeowners Association according to its maintenance agreement with the City of Meridian IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ,2005. Owner CITY OF MERIDIAN Contractor: Sunshine Landscape . '-....,......~ " By: Name: By Attest: Name: William Berg, Jr. City Clerk City Council Approval: 10/11/2005 10/18/2004 Page 3