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
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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
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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