Loading...
Service Solicited - 2004 - Hillside Landscape Company - Hill Road Park CONTRACT FOR CONSTRUCTION BETWEEN CITY OF EAGLE, IDAHO AND HillSIDE lANDSCAPE COMPANY CHAPTER 1 BUilDER'S AGREEMENT Dated: 10/13/04 TABLE OF CONTENTS RECiTALS............. ........................................................................................................ .......... 2 ARTICLE 1 THE CONTRACT DOCUMENTS.......................................................................... 3 ARTICLE 2 NOTICES .............................................................................................................4 ARTICLE 3 COMPENSATION OF GENERAL CONTRACTOR............................................... 4 ARTICLE 4 GENERAL CONTRACTOR'S SCOPE OF WORK................................................ 5 ARTICLE 5 SPECIFIC INSURANCE REQUiREMENTS.......................................................... 5 ARTICLE 6 PERSONNEL, SUBCONTRACTOR, SUPPLIER, AND CONSULTANT CHARTS................. ........................ ... ............................... ........... 6 ARTICLE 7 CONSTRUCTION SCHEDULE AND SPECIFIC BOND REQUIREMENTS .......... 6 ARTICLE 8 AMENDMENTS TO CHAPTER 2 ........................................................................ 7 APPENDIX A GENERAL CONTRACTOR'S COMPENSATION SCHEDULE .......................... 8 APPENDIX B GENERAL CONTRACTOR'S PERSONNEL CHART ........................................9 APPENDIX C GENERAL CONTRACTOR'S SUBCONTRACTORS AND SUPPLIERS CHART ........... .................................................... ... ... ................. 10 APPENDIX D OWNER'S CONSULTANTS CHART............................................................... 11 Contract For Construction . Chapter 1 Builder's Agreement. General Contractor's Fixed Price Form CONTRACT FOR CONSTRUCTION CHAPTER 1 BUILDER'S AGREEMENT This Contract For Construction, is entered into between: "OWNER" And "GENERAL CONTRACTOR" City of Eagle 310 East State Street P.O. Box 1520 Eagle, ID 83616 Hillside Landscape Company 2350 Hill Road Boise, Id 83702 This Contract For Construction is executed under seal, and shall be effective on the date signed by the last party to do so. ADDRESSES and AUTHORIZED REPRESENTATIVES: The authorized representatives and addresses of the Owner, the General Contractor and the Professional(s) are: OWNER: Representative: Address: City, State, Zip: Telephone: E-mail: GENERAL CONTRACTOR: Sharon K. Bergmann, City Clerk 310 East State Street P.O. Box 1520 Eagle, Idaho 83616 208/939-6813 FAX: 208/939-6827 Sharon@cityofeagle.org Representative: Hillside Landscape Company ICliff Yochum Address: 2350 Hill Road City, State, Zip: Boise, Id 83702 Telephone: 343-2545 FAX: 343-9655 E-mail: cliff@hillsideco.com General Contractor's License #:10651-AA-4 FEIN 1 SSN #:82-0402494 PROFESSIONAL: Representative: Address: City, State, Zip: Telephone: E-mail: CSHQA IJim Murray C. W. Moore Plaza 250 S. 5th Street Boise, ID 83702 (208)429-4090 Jim.Murrav@cshQa.com The Professional is designated as the Owner's representative pursuant to Paragraph 11.1 of Chapter 2. Contract For Construction . Chapter 1 Builder's Agreement. 1 OWNER'S PROJECT IDENTIFICATION INFORMATION: City, State, Zip: City of Eagle, Hill Road Park Eagle Idaho, Idaho 31 0 East State Street P.O. Box 1520 Eagle, Idaho 83616 Project Title: Project Location: Address: General Project Description: Work includes the construction of a new Community Park including: demolition, restrooms, picnic shelter, earthwork, concrete paving, parking lot, asphalt paths, aquatic playground, play area, metal fabrication, site furniture, sprinkler irrigation, and planting. TIME FOR PERFORMANCE: A. Commencement of Construction: The General Contractor shall commence construction of its scope of the Work within ten (10) days after submission of the performance and payment bonds (the "Commencement Date"). B. Substantial Completion: The General Contractor shall accomplish Substantial Completion of its sodded turf installation by December 17, 2004 as described in paraqraph A alone (the "required date of Substantial Completion"). Remaining work including fencing, pathways, site furnishings and tree planting shall be completed by April 1, 2005. C. Final Completion: The General contractor shall accomplish Final Completion of its scope of the Work within thirty (30) days of substantial completion as defined in this aqreement (the "required date of Final Completion"). RECITALS A. The Owner intends to construct the Project and is engaging the General Contractor to perform certain labor, supervision and services and provide certain equipment, goods and materials for the Project. B. The Owner and General Contractor each acknowledges that it will act in good faith in carrying out its duties and obligations. C. The Owner's engagement of the General Contractor is based upon the General Contractor's representations to the Owner that it (i) is experienced in the type of labor and services the Owner is engaging the General Contractor to perform; (ii) is authorized and licensed to perform the type of labor and services for which it is being engaged in the State and locality in which the Project is located; (iii) is qualified, willing and able to perform labor and services for the Project; and, (iv) has the expertise and ability to Contract For Construction . Chapter 1 Builder's Agreement. 2 provide labor and services which will meet the Owner's objectives and requirements, and which will comply with the requirements of all governmental, public and quasi-public authorities and agencies having or asserting jurisdiction over the Project. D. The Owner and General Contractor each acknowledges that it has reviewed and familiarized itself with this Contract For Construction, including the documents enumerated in ARTICLE 1, and agrees to be bound by the terms and conditions contained therein. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 The "Contract For Construction" between the parties is comprised of the following documents: this "Chapter 1 - Builder's Agreement", including the foregoing recitals A. through D., and all attached documents and appendices; "Chapter 2 - Builder's Required Services And General Terms and Conditions" and all attached documents and appendices, incorporated herein by reference; Bid proposal submitted by General Contractor, if any, and bid proposal modifications, if any; The Construction Documents, now existing or issued hereafter; Any amendments executed by the Owner and the General Contractor hereafter; and, Any additional documents, including but not limited to work change directives, listed hereafter, if any: 1.2 Documents not included or expressly contemplated in this Article 1 do not, and shall not, form any part of this Contract For Construction. 1.3.1 The Owner shall furnish the General Contractor with two (2) copies of the Construction Documents required for the General Contractor's scope of the Work. ARTICLE 2 NOTICES 2.1 Unless otherwise provided, all notices shall be in writing and considered duly given if original is (i) hand delivered; (ii) delivered by telex, facsimile, or telecopy; or (iii) sent by U.S. Mail, postage prepaid. All notices shall be given to the addresses set forth above. Notices hand delivered or delivered by telex, facsimile, or telecopy shall be deemed given the next business day following the date of delivery. Notices given by U.S. Mail shall be deemed given as of the second business day following the date of posting. Contract For Construction . Chapter 1 Builder's Agreement. 3 ARTICLE 3 COMPENSATION OF GENERAL CONTRACTOR 3.1 The Owner shall pay and the General Contractor shall accept, as full and complete payment for the General Contractor's timely and complete performance of its obligations hereunder the fixed price of: six hundred and fifteen thousand. five hundred dollars ($615.500.00). The amount set forth above is the Construction Contract Price and includes the aggregate amount of all allowances and any unit price items to be furnished or installed. 3.2 Within seven (Z) calendar days after execution of this Contract For Construction, the General Contractor shall prepare and present to the Owner and the designated Professional, as Appendix A, the General Contractor's Compensation Schedule which includes: Time Schedule for payment of the Construction Contract Price on a lump sum basis. 3.3 Within fifteen (.lID calendar days after receipt by the Owner of the General Contractor's invoice, properly prepared pursuant to Article 15 of Chapter 2, the Owner shall pay to the General Contractor ninety-five percent (95%) of the total amount approved by a Professional, withholding the balance as retainage, unless there is a dispute about the amount of compensation due the General Contractor. The date on which payment is due shall be referred to as the "Payment Date". 3.4 For change orders directed by a Professional to be performed by the General Contractor on a time and materials basis pursuant to Paragraph 9.4.1 of Chapter 2, the General Contractor shall be reimbursed the actual incurred cost and expense plus a maximum markup of ten percent (1Q%) for the change order Work performed by its forces. 3.5 When additional Work by the General Contractor's subcontractors and suppliers is required and approved pursuant to Paragraph 9.4.3 of Chapter 2, the General Contractor shall be reimbursed the actual incurred costs and expenses paid to those subcontractors and suppliers, plus a markup of not more than ten percent (1Q%). 3.6 If the General Contractor disputes a change order decision pursuant to Paragraph 9.6 of Chapter 2, it must give the Owner its written notice of dispute, including the reasons therefore, within ten (10) calendar days of the disputed decision. 3.7 If liquidated damages are assessed pursuant to Paragraph 17.2 of Chapter 2, such damages shall be calculated at the rate of seven hundred and fifty ($750.00) Dollars per calendar day. ARTICLE 4 GENERAL CONTRACTOR'S SCOPE OF WORK 4.1 The General Contractor shall furnish or cause to be furnished, and pay for out of the Construction Contract Price, all management, supervision, financing, goods, products, materials, equipment, systems, labor, services, permits, licenses, construction machinery, water, heat, utilities, transportation and other facilities necessary for proper execution and completion of its scope of the Work in accordance with all of the terms and conditions of this Contract For Construction. The general nature of the scope of Contract For Construction . Chapter 1 Builder's Agreement. 4 Work the General Contractor is to complete is briefly described as follows: The Contractor is responsible for the entire project. ARTICLE 5 SPECIFIC INSURANCE REQUIREMENTS 5.1 The General Contractor shall purchase and maintain, at its expense, from a company or companies authorized to do business in the state in which the Project is located, insurance policies containing the following selected types of coverages and minimum limits of liability protecting from claims which may arise out of or result from the performance or non-performance of services under this Contract For Construction by the General Contractor or by anyone directly or indirectly employed by it, or by anyone for whose acts it may be liable: (i) Workers' Compensation, Disability Benefit, or similar employee benefits act coverage, and employer's liability coverage, as required by the state in which the Project is located. (ii) General Liability which (i) includes premisesloperations, product/completed operations, contractual liability, independent contractors, broad-form property damage, underground, explosion and collapse hazard, and personal 1 advertising injury; and, (ii) names the Owner and the Owner's Related Parties as additional insureds, with per-occurrence limits of not less than one million ($1,000,000) Dollars. (iii) Comprehensive Automobile Liability which includes contractual liability coverage and coverage for all owned, hired and non-owned vehicles with limits of not less than one million ($1,000,000) Dollars. per accident for bodily injury and property damage, or one million ($1,000,000) Dollars. combined single limit. ARTICLE 6 PERSONNEL, SUBCONTRACTOR, SUPPLIER AND CONSULTANT CHARTS 6.1 The General Contractor shall prepare and attach as Appendix B to this Agreement the General Contractor's Personnel Chart which lists by name, job category and responsibility the General Contractor's primary employees who will work on the Project. The General Contractor shall promptly inform the Owner in writing of any proposed replacements, the reasons therefor, and the name(s) and qualification(s) of proposed replacement(s). The Owner shall have the right to reject any proposed replacement. 6.2 The General Contractor (i) shall prepare and attach as Appendix C to this Agreement the General Contractor's Subcontractors And Suppliers Chart which lists by name and general Project responsibility each subcontractor and supplier who will be utilized by the General Contractor to provide goods or services with respect to the Project; (ii) shall not enter into any agreement with any subcontractor or supplier to which the Owner raises a reasonable, timely objection; and, (iii) shall promptly inform the Owner in writing of any proposed replacements, the reasons therefor, and the name(s) and qualification(s) of Contract For Construction . Chapter 1 Builder's Agreement. 5 proposed replacement(s). The Owner shall have the right to reject any proposed replacement. 6.3 The Owner shall prepare and attach as Appendix D to this Agreement the Owner's Consultants Chart which lists by name and general duties each consultant retained by the Owner to provide services with respect to the Project. The Owner reserves the right to engage any other consultants which it may deem necessary or desirable. ARTICLE 7 CONSTRUCTION SCHEDULE AND SPECIFIC BOND REQUIREMENTS 7.1 The General Contractor shall, not less than ten (10) calendar days after execution of this Contract For Construction, prepare and submit a proposed Construction Schedule to the Owner and the designated Professional for their review and acceptance pursuant to Paragraph 16.1 of Chapter 2. 7.2 Surety Bond Requirements: 7.2.1 The General Contractor shall be required to provide payment and performance bonds. The amount of the premiums for such bonds shall be included in the Construction Contract Price. 7.2.2 The General Contractor shall not be required to provide a maintenance bond. ARTICLE 8 AMENDMENTS TO CHAPTER 2 8.1 The following additions to, deletions from andlor modifications to the specifically referenced articles and paragraphs of Chapter 2 shall take precedence over the provisions of those referenced articles and paragraphs as follows: None THE PARTIES AGREE TO THE TERMS AS SET FORTH HEREIN: ("~') By' C.A-,~)( ~~ Sharon K. Bergmann ("Genera~ractor") By: -,V Its: City Clerk of EaQle. Idaho Its: .f rt:7 ~ J aJ ",....""" ....to.., /A ( ......: of BAQ.. ~###.. Date: v. l - D7 ~.. -,. ....... <.. i<. ~ ~ ~~... e.v. ~ 1D'.r~'lORA.l';.\ " : 1(;0 \ * :. ! : ~.... _: : : ir · L ,,: : " \~. s ~ p.. <:)~:.9 insert Corporate Sea/If Required] \ ..C:ORPOR"''f~.. ,. .: ~#. ~r ........ '\) ~ ....... ~### .<J 1'E 0 ~ \ ..... ',.",.......",... Date: ~// 3 .-t:Jc.j , ATTEST: Contract For Construction . Chapter 1 Builder's Agreement. 6 APPENDIX A GENERAL CONTRACTOR'S COMPENSATION SCHEDULE A. SCHEDULE OF VALUES FOR PAYMENT OF THE CONSTRUCTION CONTRACT PRICE ON A LUMP SUM BASIS B. TIME SCHEDULE FOR PAYMENT OF THE CONSTRUCTION CONTRACT PRICE ON A LUMP SUM BASIS C. UNIT PRICES AND ESTIMATED NUMBER OF UNITS FOR COMPENSATION FOR SERVICES RENDERED AND GOODS SUPPLIED ON A UNIT-PRICE BASIS D. RATES FOR COMPENSATION FOR SERVICES RENDERED ON A TIME AND MATERIAL BASIS E. COMPENSATION FOR GOODS FURNISHED ON A TIME AND MATERIALS BASIS F. ALLOWANCES Contract For Construction . Chapter 1 Builder's Agreement. 7 Appendix A Schedule of Values Mobilization Survey Rough Grading Underground drainage Seepage Beds Sod Irrigation Topsoil Fine Grading Sod Temp Fencing Asphalt Path Picnic Pads Concrete Seed Fence - Backstop and gate Fence - Trash and Bathroom Enclosure Basketball Court Gravel Path Asphalt Aprons Infiltration Swales Gravel Parking Lot Diamond Dust Portable Bleachers Soccer Striping Trash Cans Trees Tree Irrigation $ 30,000 5,000 20,000 39,800 51,200 56,300 91,800 14,900 58,000 5,000 50,400 12,700 7,500 2,400 20,000 6,000 16,800 15,000 7,400 13,500 42,500 7,900 3,800 800 8,800 19,000 9,000 Time Schedule for Payment October November December Sprinq 2005 $ 30,000 5,000 20,000 39,800 51,200 20,000 36,300 91,800 14,900 58,000 5,000 50,400 12,700 7,500 2,400 20,000 6,000 16,800 15,000 7,400 13,500 42,500 7,900 3,800 800 8,800 19,000 9,000 $ 615 500 $166000 $ 227200 $ 77 900 $ 144,400 '" '0 .ll .s 8- & ~.!: ~ CD lU ~ I/) c: cnit:?O-g~lD ~~ir-5~:E~ ..0 '- lU COlen 'iii ~~~~t~~ o..a:;OUle'O llaf~~o::-~ ILl C/) ~ l:: ._ ';;; i :E iHHfB I I I · ~ ~ ~ E ~ .E ~ ~ .~ a: . iill ~ l; I 1:: ~ 0:: 'e '0 .l: U ~ ,S g~;g;gg;g;g;g:g:g gggg~~~~~ ~~}Q}{Joooo;t~(!; ~~~~~~~~ 00000000000 C;~~:ga~~~~~~ '0 '0 '0 O<D<D ~ ~CE;g ~~~;g ~ '" '0 " " Ol Ol " ., Ol a. '" " '" a. " '0 " '" " " ~ n-ct)$2. &~i '" u > 0.. 'C c: ~ ~ .2 (I) u.. 1ii -8 ~ ~ ~ 0giLtj '5a~~ai :J 0 U .- ~Jj~~ a;.x 'g u o e 1iili"ii 1ii1n1il .f: .s c:: JlJl M 0:: ~ '0 .l: U 0:: ~ ~ 0:: 'iij E 0:: '0 ~ .2 ~ J; '- 5 t ~i!: ~E~ .~ I- Oi > e CJ I o o 1i; 1! "" ~ .l: ~ ~~~ ~ ~ ~ CD II) ca ~~~ ~ I.L . ~ . I UI '0 ~ I 1i '0 -;B-8~ ~!00 '8 'i! ,,'" U) co !: I " u. I! I II " 8 () Ol Oi Ol .l: ~ ~.E ., " -g .g> ., " " " Q) GJ t t 0:: 0:: o 0 U () "5'5 800 uo.() Ol '0 Ol co :i5 CIl ,g E !I ~.f~ a. . . Ol 0:: III -is.. a. '0:: g Iii :1:'5 Ol 0 Ol () 'lii Ol ViOl .!: . .l: 1i .l: 0.1i .. a. ., .. .l: ., o..l: '" a. ., '" _6 ., !i a. ., 1! a. a. . I '" " ~ ~~ Ol Ol W W u. u. ... 00 ('oJ N '0 '0 N ('oJ '0 '0 ." ." '0 '0 N N :EC 0'& a." !: c G) c:: ~ ro'01:o.B~ .0 ..c 0...- o..lIl Q) ti;~.8fij~R~~E .oe<<;E~~EEJ:: ~8',g E e~ n~ L'BD:8~o..u(l)U)U: IIII....~... ell CIl nl .c 0.. ~ ... nl 0.. "C nl &. ~ E o e Vi 1! "" '" .l: 0:: '" al jg ~ '" .E ~ ~ co ii Vi u. E ;g~;g;g .....0::.......... u<U() S'~S'~< .................... ..... U .!: ,,; E ~ l!! !I .. E '0:: a. @ 00 ... ." NN l; ~~~~i ~~~-8Cl) 1ij'E.!SOl liiiL~"'~ 1::1; '02- n" ~ '-~ :S~5 ('tI t'l:I (5 ~ 0 0 "Iii .D_Do..-Q.iiitLl t,;g"'ll~~8.~,!1E n 1lE~<<;EE.<: ~ .- 5 "'.!'! E t:: '" ~at8{/}~88Ji5~ IIII.~... Gl III l'll .c c.. .:.&: "- l'll c.. "C l'll o 0:: :J: ij " .c ~CG~vE 1II'04lI-e '1:)~"c~ 1i~~5~ tiju:C1Ck:O- ~ g i " I 'C 0- g ~8~~ ~0::1-1- g~gg ....co...,......C1 ..-.......-..- ..- E::g o 0. c." ~ tii:5 .5~~ .a ....0 8.~ 0-1;; ~ m~~~~'&.iij~E .og.1jEl'!'iliEE", ~ e 'E 5 ~~ n~ Wo.ucno..ucnliiw:: IIII...~... 0. o ]I " " a; '" l; .D 5 -g 1;) ,,'" " ~ 8 f/t,,~ ~ o c ~ c ~ ~ 0 ~ '0 :; g:l (l] '!S~O:iSiS &a.~li. :::l't:J 1;j ~i~.s ~8~. !! 11. I 0.. _ Q,) Ul t'Il .. Q. .lIl: ... t'Il Q. "C t'Il o D:: :J: ...,. voo:t ...,. :so~o oeloel z z z z ~ 8 ~ ~ "0 "C "C"'O ..... C'!') N N "O'O"C'O .....t"lNN 0. 0 "iil .x " .. .Cl " '" '" " " g !'! '3 ~ " 1ll &.5 .s::; " ~ " " .. ~:g~~ " Cl " " '" " :is '" ~a::~1- '" .. " 1ii 1ii ~ u~uu E g~gg~ " "iil 1;; '" ~ .!; .!; is .. l; ~ " .Cl .!1 .!1 " E .. to E 0 0 0 0 ~~~~~ il: M ... N "' 1::: III .0 CI.I ~ ~ ~ ~ f,U"ciiSi 9 IiiLLOOCo. 'E~ '8. 8- c 1.I:g .... ....:'5 'aCO z....~ 8.~ o.~Yf ti ~~ ~cn8.~~~E- .c,,-"~-"E ....~E'-~E ~ ~e:es~€~1ij.~ UJQ.U(fJQ.U(fJIi5u: IIII~~... CII III III .c: "- .lIl: ... III "- "C III & :J: ;;:s;;C!; 1-0:::1-1- u<<:uu 0::000 ...<O"It..-CO ..--..--..--..-N U J: ,,; E i ~ " " .c .!!iii~fI)E {J~~-;~ t:IhCU'tJ4.l CG 'c 1ii 5 0) li5u:o",~ I!! !t .. E 6: 9 APPENDIX B GENERAL CONTRACTOR'S PERSONNEL CHART Contract For Construction . Chapter 1 Builder's Agreement. 8 Appendix B A. Company Cliff Yochum President John Yochum Secretary B. Project Manager Cliff Yochum C. Project Supervisor Bob Harris Appendix C A. Earthwork Hillside B. Irrigation Hillside C. Landscape Hillside D. Electrician Quality Electric E. Surveyor/Layout Manager APPENDIX C GENERAL CONTRACTOR'S SUBCONTRACTORS AND SUPPLIERS CHART Contract For Construction . Chapter 1 Builder's Agreement. 9 Appendix B A. Company Cliff Yochum President John Yochum Secretary B. Project Manager Cliff Yochum C. Project Supervisor Bob Harris ADDendix C A. Earthwork Hillside B. Irrigation Hillside C. Landscape Hillside D. Electrician Quality Electric E. Surveyor/Layout Manager APPENDIX D OWNER'S CONSULTANTS CHART Contract For Construction . Chapter 1 Builder's Agreement. 10 PLUMBING SUBCONTRACTOR: Cloverdale Plumbing Company, Inc. ADDRESS: PO Box 99 BY: Ed Davis DATE: TITLE: Estimator PHONE: 208.376.1901 October 1, 2004 PUBLIC WORKS LICENSE NO.: 12536-AAA-4 ELECTRICAL SUBCONTRACTOR: Qualitv Electric ADDRESS: BY: TITLE: DATE: 5225 Irvina. Boise ID 83702 Andy Sellers Estimator October 1, 2004 PHONE: 208.375.1300 PUBLIC WORKS LICENSE NO.: 10145-AAA-4 Although Dot required by Idaho State License Law, tbe Owner requests Voluntary Identification at the time of Bid Submittal of both the Landscape and Irrigation Subcontractors. ADDRESS: LANDSCAPE SUBCONTRACTOR: Hillside Landscape Construction BY: TITLE: DATE: 2350 Hill Road Cliff Yochum President October 1, 2004 PHONE: 208.343.2545 Hillside Landscape Construction ADDRESS: IRRIGATION SUBCONTRACTOR: 2350 Hill Road BY: TITLE: DATE: Cliff Yochum President October 1, 2004 PHONE: 208.343.2545 END OF BID FORM 03078/09-04 BlO FORM BF-4