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205 Ustick Reservoir Drain Line Contract RESOLUTION NO () D 5 BY: Ro rz.- /lh-d.ej-f t771-- 6~ (ot(,,/YL ed-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT ENTITLED "USTICK RESERVOIR DRAIN LINE CONTRACT", BY AND BETWEEN THE CITY OF MERIDIAN, AND BITTERROOT CONSTRUCTION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a contract with BITTERROOT CONSTRUCTION, INC., an Idaho corporation, denoted as "USTICK RESERVOIR DRAIN LINE CONTRACT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1 . The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain contract with BITTERROOT CONSTRUCTION, INC., an Idaho corporation, RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO A CONTRACT WITH BITTERROOT CONSTRUCTION entitled "USTICK RESERVOIR DRAIN LINE CONTRACT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY ~HE COUN~OF THE CITY OF MERIDIAN, IDAHO, this IS]? day of 'e/?v~ , 1998. APPROVED BY THE MAY~F THE CITY OF MERIDIAN, IDAHO, this /B? day of 'jvy~ , 1998. CCc n (L:( --MAYOR ;((Er/~EAlr (?Ir( COt/NCIL ATTEST: ITY CLERK 112598-Final \\\1HH H Ht,'!!! \\\ ~~,.." "1 0,,\'\'- or l'r.i.:qt~:(~ '1.1 ,~'.L~ ~. - .~o~~~~1P)'/~ , ~,~-- .~ _.~ ~ ~ ,. ~-....~. ft1h' ~ ~. "- ~ ~ ~ ~ ~- v ~ [ SEAL ~ :"Y. ~J g : v()} ~Qr' " .~ ~ 70 USr 1S~ t ~~ ~~ ...../ ~~1 ^~ " //1;, Co .,. ~ ...,,~ /1... ,UN l~' \" "1/ \\\ IllflHtj n'\\\\ RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORlZING THE MAYOR AND CITY CLERK. TO SIGN AND ENTER INTO A CONTRACT WITH BI1TERROOT CONSTRUCTION 2 (, CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That 1 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 ~ords a.nd minutes and do hereby certify that on the / Sf? day of 'Ce11v.be.A-- , 1998, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT ENTITLED "USTICK RESERVOIR DRAIN LINE CONTRACT", BY AND BETWEEN THE CITY OF MERIDIAN, AND BITTERROOT CONSTRUCTION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into a contract with BITTERROOT CONSTRUCTION, INC., an Idaho corporation, denoted as "USTICK RESERVOIR DRAIN LINE CONTRACT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said contract. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain contract with BITTERROOT CONSTRUCTION, INC., an Idaho corporation, entitled "USTICK RESERVOIR DRAIN LINE CONTRACT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution a..nd .to bind this City to its terms and conditions. - \ \ \ \ { ( 4 f f('-(I J / ; j /.' . ,\\ C "I.~ 'I,'; ....~,. aT Nt~i),' II~ ......,.... ~~ '"'~.~ r..tr. ~ ~' c} ~'Oft4 vV~, ~ ~o 1(-<> ~ 11 ~ ~ -. ~.r-: j6( ~ SEAL ILLlAM G. BERG, JR. ~ i"G-_ ,f ~ ~ ,\;.~ "..D ;::: ~ -;'<) Sr 1S~ · ~ ~ STATE OF IDAHO;~~/J1 Cou TV ~ ",~ -II~. N \' \\\. . · s~ \' · l' J 1/ II HI .n \ \1; \ \ . County of Ada, ) . On this ) 51- day of Dee f /YJ by/" I in the year 1998, before me, ~~{l t\ ~ (e h. f G It<; <;. , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,,'111""111 \" eL"" \' C l:- · G I, ~,~\ eoQ0'e~@~ A1.~'~ "" "ta~ t"e U' ~~ :: ~ t!J~ 0" u" "';. 2""": 0 111 tr ~ 1-., ~~ ~ i: 'l~ y~; ~ .... Q I.' .'. = g A C;? '...> :.: :. o<;'~ t.1 I.' (-! n , \..J:j :: -:. .' \:__ .; l"j~. /; ~ '":.. ' 1........ ...':/ (" ...... ........ (:t. v.;:-... ~ .....1.) ~ ...J ... ~,-,\.1)1.:;;:2"e''::'='::'':,,",\ \ ~v~ ,....... , 6-.. j r- C;", , t.,:, ...' '~/.,: I.J . 1'/ \~\\" f1'"U:Il'\ Public for Idaho ission Expires: CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 2 Amendment No.1 This is an amendment is to the AGREEMENT between CH2M HILL. INC. (ENGINEER) and the City of Meri9ian (OWNER) dated March 13, 1997, for a PROJECT generally described as the Ustick Reservoir and Pump Station. The purpose of this amendment is to provide construction period services during the construction of the Ustick Reservoir and Pump Station. The improvements are more completely defined in the Contract Documents for the Ustick Reservoir and Booster Pump Station for the City of Meridian, Idaho, CH2M HILL, INC. August 1998. All other tenns and conditions of the Agreement remain unchanged. Article 1. Scope of Services ENGINEER agrees to furnish OWNER the following specific services: See attached Scope of Services. Article 2. Compensation See ATTACHMENT B. IN WITNESS WHEREOF, the parties execute below: For OWNER, City of Meridian dated this day of , 19_ By: Name Title By: Name Title For ENGINEER, CH2M HILL, INC. dated tl~~ d~. 19 'fE By: +c:Q- t, . V."", ?iWl.< ll,.~h '^"'-\,r Nam Title ~ By: Name Title AMENDJ.DOC SCOPE OF SERVICES Bidding and Construction Period Services for the Ustick Reservoir and Booster Pump Station Project Provide the following: 1. SDCSCOPE DOC a. Engineering Services During Construction Print and bind the final contract document and provide document mailing and pre-bid services, such as preparation of advertisements, distribution of plan-holders lists, and issuing of addenda to interpret, clarify, or expand the Bidding Documents. b. Attend and coordinate a pre-bid meeting with interested Contractors and the OWNER at City Hall. c. Assist the OWNER in receiving and tabulating construction proposals; prepare bid tabulation sheets and report the results to the OWNER; and assist in awarding the Contract for construction. d. Prepare four sets of Contract Documents from the successful Contractor's proposal/submittal for execution by the Owner and Contractor. e. Attend and coordinate a pre-construction meeting with the Contractor and the OWNER at the project site. f. Issue interpretations and clarifications of the Contract Documents, and evaluate requested deviations from the approved design or specifications. In connection therewith, prepare work change directives and change orders, as appropriate. g. Assist in negotiating with the Contractor the scope and cost of any necessary contract change orders. Prepare such change orders as may be required and submit them to the OWNER for approval and to appropriate state and federal agencies for review. h. Make periodic visits to the site of the PROJECT, at intervals appropriate to the various stages of construction as ENGINEER deems necessary, to observe the progress and quality of work and to endeavor to determine, in general, if the work is proceeding in accordance with the intent of the Contract Documents. 1. Review and approve (or take other appropriate action in respect of) Shop Drawings, samples, and other data that Contractor(s) are required to submit, but only for conformance with the design concept of the PROJECT and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. J. Supervise the work of the ENGINEER's onsite representative personnel, subconsultants, and other personnel of the ENGINEER. k. Make a final inspection of the construction to determine, in general, if the work has been completed in conformance with the intent of the Contract Documents. The OWNER may furnish a representative to jointly make the final observation of the construction. L Revise original drawings and submit to the OWNER, upon completion of the work, three (3) sets of drawings showing the record of the as- constructed status of the work, using ,available information supplied by the Contractor(s), onsite representative personnel, suppliers, and other sources. 2. Resident Project Representative a. Furnish onsite Resident Project Representative personnel to assist the OWNER in the OWNER's relations with the Construction Contractor(s); to provide on-the-job, day-to-day observation of the work as defined herein; to prepare periodic progress reports on the work; to recommend the amounts of payment due the Contractor(s) as set forth in the Construction Contract(s); and to keep records, maps, and plans to help in the preparation of record drawings of the PROJECT. The amount of time furnished will be 750 person-hours over a contract time of 240 calendar days to complete the work so that it is ready for final payment as evidenced by the ENGINEER's written recommendation for final payment. This does not include overtime and contract time extensions, if required by the PROJECT or the Contractor to achieve final completion. Overtime and contract time extension, if deemed required by the OWNER and the ENGINEER, will be addressed in an Amendment to this Contract. This estimate of time is based upon the Contractor being experienced in the construction of water facilities. If an inexperienced or non-cooperative contractor is the successful bidder then this budgeted amount of hours could need to be increased by addendum to respond to this situation. The Resident Project Representative personnel will be under the supervision of the ENGINEER and will have the limited responsibility and authority as designated by the ENGINEER, this AGREEMENT, and the Contract Documents. 3 Materials Testing a. Provide special personnel and/or equipment required to assist in the onsite representative's observation of construction materials or equipment, such as, but not limited to, services provided by a testing laboratory for testing concrete cylinders, and in-place compaction testing to verify the results of testing performed by the Contractor(s). 4. Additional Services SDCSCOPE DOC 2 SDCSCOPE DOC The services enumerated herein will be performed only as authorized by the - OWNER. Authorization to proceed will be as specified herein or in the form of a Task Order specifying the work to be performed and basis of payment. Each Task Order, after execution by both parties to this AGREEMENT, will become a supplement to, and a part of, this AGREEMENT a. Provide services resulting from identified changes in scope of the PROJECT or its design, including, but not limited to, changes in size, complexity, OWNER's schedule, or character of construction or method of financing; and revising previously accepted studies, reports, design documents, or Contract Documents when such revisions are due to causes beyond ENGINEER's control. b. Provide administrative and support services during construction that are outside of the basic compensation for Final Design Services and Services During Construction such as the following: l. Investigations, meetings, and negotiations with the Contractor involving claims and legal complaints, or a significant amount of defective or negligent work of the Contractor. ii. Additional work resulting from delinquency or insolvency of the Contractor; or as a result of damage to the construction PROJECT caused by fire, flood, earthquake, or other acts of God, all exclusive of additional work resulting from litigation. iii. Processing Change Orders and Work Change Directives involving OWNER-requested changes in approved designs. IV. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work required to resolve disputes or goals involving minority involvement. Additional work resulting from significant delays or acceleration of the work by the Contractor, changes or price increases occurring as a direct or indirect result of materials, equipment, energy shortages, or significant amount of defective or neglected work by any Contractor. c. Provide assistance in investigating the cause of malfunctions, failures, or accidents. J PAGE 1 OF 1 IviUl T1PlIER ATTACHMENT B - COMPENSATION ARTICLE 2. COMPENSATION Compensation by OWNER to ENGINEER will be as follows' A. COST REIMBURSABLE-MULTIPLIER (TIME AND EXPENSE) For services enumerated in ARTICLE 1, ENGINEER's Salary Costs multiplied by a factor of _2.0 , pius Direct Expenses, plus a service charge oCO_ percent Direct Expenses and _10_ percent of subcontracts and outside services, plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. B. BUDGET" A budgetary amount of _One Hundred Nine Thousand Three Hundred Dollars ), ($109,300 excluding taxes, is hereby established for seNices in ARTICLE 1. ENGINEER will make reasonable efforts to complete the work within the budget and will keep OWNER informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. .. See attached Table 1, Budget Summary, for breakdown of the proposed budget. Form 3988 1 REVISED 7/97 ENGINEER IS not obligated to (Ilcur costs beyond the Indicated budgets, as maybe adjusted, nor is OWNER obligated to pay ENGINEER beyond these limits When allY budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. C. DIRECT SALARIES Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll-related taxes, payments, premiums, and benefits. D. SALARY COSTS Salary Costs are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT plus a percentage applied to all such wages or salaries to cover all payroll-related taxes, payment, premiums, and benefits. E. DIRECT EXPENSES Direct Expenses are those necessary costs and charges incurred for the PROJECT including, but not limited to: (1} the direct costs of transportation, meals and lodging, mail, special OWNER approved PROJECT specific insurance, fetters of credit. bonds, and equipment and supplies; (2) ENGINEER's current standard rate charges for direct use of ENGINEER's vehicles, laboratory test and analysis, printing and reproduction services, and certain field equipment: and (3) ENGINEER's standard project charges for computing systems, special health and safety requirements of OSHA, and telecommunications services Tahle 1 Budgct Summary for Bidding and Constmction PCI'jod Scr'Viccs Ustick Rcservoir and Boostcr Pump Station Project Labor $) 36,800 51,800 2,300 As Authorized Ex lcnsc (5) 3,600 6,700 8.100 As Authorized Total ($) 40 AOO 58,500 (DADO As Authorized SDCRFS DOC 4!JVVL, Ul ..:( Ul <ll E-i ::: ri x U "Cl 1Il tJl ttJ N a; ;;; N .., co U') 0 0 0 0 0 0 ~ 0 0 n ;::: U') ... .... ... .... .... .",. 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