Service Solicited - 2001 - Anvil Fence Company - Anvil Fence Company Eagle Island Bike Path Project No 081599
AGREEMENT FORM
THIS AGREEMENT is between Anvil Fence Company (hereinafter called
CONTRACTOR) and City of Eagle. Idaho (hereinafter called OWNER). OWNER and
CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
1. WORK.
1.1. CONTRACTOR shall complete Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Eagle Island Bike Path, Project No. 081599, removal of 1080-feet of
existing fencing, construction of a 4-barbwire fence consisting of
2822-feet, and install two 12-foot steel gates.
2. ENGINEER.
2.1. Holladay Engineering is hereinafter called ENGINEER and is to act as
OWNER's representative, assume 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.
3. CONTRACT TIME.
3.1. Contract Times:
3.1.1. CONTRACTOR will achieve Substantial Completion on or before_
May 10 , 2001 and Work will be completed and ready
for final payment and acceptance in accordance with paragraph 14.13 of the
General Conditions on or before May 17 ,2001.
3.2 Liquidated Damages:
3.2.1. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph Contract Times above,
plus any extensions thereof allowed in accordance with Article 12 of the
General Conditions. OWNER and CONTRACTOR also recognize the
delays, expense and difficulties involved in proving in a legal or other dispute
resolution proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay OWNER one hundred
dollars and zero cents ($100.00) for each day that expires after the time
specified in paragraph Contract Times above, for Substantial Completion
EG081599
Section 2, Page 2
AGREEMENT FORM
until the Work is substantially complete.
3.2.2. After Substantial Completion, if CONTRACTOR neglects, refuses, or
fails to complete the remaining Work within the Contract Times or any
property OWNER-granted extension thereof, CONTRACTOR shall pay
OWNER one hundred dollars and zero cents ($100.00) for each day that
expires after the time specified in paragraph Contract Times above for
completion and readiness for final payment.
3.2.3. OWNER shall recover such liquidated damages by deducting the
amount owed from the final payment or any retainage held by OWNER.
4. CONTRACT PRICE.
4.1. Contract Price:
4.1.1. OWNER shall pay CONTRACTOR the following estimated extended
total based on the conformed Bid, which is included as an Exhibit to this
Agreement.
Thirteen Thousand one hundred fifty five
(words)
cents ($ 13.155.80
(figures)
dollars
and eighty
(words)
)
subject to additions and deletions as provided in the Contract Document.
5. RETAINAGE.
5.1. Prior to final Completion, OWNER shall retain from progress payments five (5)
percent of the value of Work completed, OWNER shall retain five (5) percent of the
value of stored materials and equipment.
5.2. OWNER will release to CONTRACTOR all retainage for those separate
portions of the Work determined finally complete by ENGINEER and accepted by
OWNER for use as intended.
6. INTEREST.
6.1. Monies not paid when due as provided in Article 14 of the General Conditions
shall bear interest at the rate of % percent per month.
7. CONTRACTOR'S REPRESENTATIONS.
7.1. In order to induce OWNER to enter into this Agreement CONTRACTOR'S
representations are as set forth as follows:
EG081599
Section 2, Page 3
AGREEMENT FORM
EG081599
7.1 .1. CONTRACTOR has familiarized itself with the nature and extent of
the Contract Documents, Work, site, locality, general nature of work to be
performed by OWNER or others at the site that relates to Work required by
the Contract Documents and local conditions and federal, state, and local
Laws and Regulations that in any manner may affect cost, progress,
performance, or furnishing of Work.
7.1.2. CONTRACTOR has studied carefully reports of explorations and tests
of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions, and accepts the determination set forth in paragraph
4.2 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is
entitled to rely. CONTRACTOR acknowledges that such reports and
drawings are not Contract Documents.
7.1.3 CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) examinations,
investigations, explorations, tests, studies, and reports (in addition to or to
supplement those referred to above) which pertain to the conditions
(subsurface or physical) at or contiguous to the site or otherwise and which
may affect the cost, progress, performance, or furnishing of the work as
CONTRACTOR deems necessary for the performance and furnishing of the
Work at the Contact Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents, including
specifically the provisions of paragraph 4.2 of the General Conditions; and
not additional or supplementary examinations, investigations, explorations,
tests, reports, or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.1.4 CONTRACTOR has reviewed and checked information and data
shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and has included costs as
defined by paragraph 4.3 of the General Conditions.
7.1.5 CONTRACTOR has correlated information known to CONTRACTOR
and results of such observations, familiarizations, examinations,
investigations, explorations, tests, studies, and reports with Contract
Documents.
7.1.6 CONTRACTOR has given ENGINEER written notice of all conflicts,
errors, ambiguities or discrepancies that it has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable
to CONTRACTOR, and the Contract Documents are generally sufficient to
indicate and convey understanding of terms and conditions for performing
and furnishing Work.
Section 2, Page 4
AGREEMENT FORM
8. CONTRACT DOCUMENTS.
8.1. The Contract Documents which comprised the entire Agreement between
OWNER and CONTRACTOR concerning Work are defined in paragraph 1.10 of the
General Conditions.
8.2. Drawings consist of~ sheets bearing the following general title: "City of Eagle,
Eagle Island Bike Path"
8.3. Addenda numbers ~ to ~, inclusive.
8.4. Exhibits to this Agreement include:
8.4.1. Request for Proposals
8.4.2. Instruction to Bidders
8.4.3. Bid Form signed by CONTRACTOR
8.4.4. Executed Performance Payment Bond
8.4.5. Public Works Contract Report
8.4.6. Documents submitted by CONTRACTOR prior to execution of
Agreement.
8.4.7. Notice to Proceed
9. MISCELLANEOUS.
9.1. No assignment by a party hereto of any rights under or interests 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, monies that may
become due and monies 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.
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 to all covenants, agreements and
obligations contained in the Contract Documents.
9.3. GOVERNING LAW, The validity, meaning and effect of this Contract shall be
determined in accordance with the laws of the State of Idaho applicable to contracts
made and performed in that State. The parties agree that any dispute over the term
and performance of this contract are subject to the venue of the Fourth Judicial
District of the State of Idaho
EG081599
Section 2, Page 5
AGREEMENT FORM
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.
OWNER:
City of Eagle
CONTRACTOR:
Anvil Fence Company
310 East
Ea Ie Id. 83616
106 E. 46th Place. Boise. Id. 83714
By
By ;1~q~ ~~
Date I/o {I OJ
Date
[CORPORATE SEAL]
[CORPORATE SEAL]
Address for giving notices
Address for giving notices
PO Box 1520
Eagle. 10 83616
106 E. 46th Place
Boise. 1083714
(208)939-6813: Fax(208)939-6827
(If OWNER is a public body, attach
evidence of authority to sign and
resolution of other documents authorizing
execution of Agreement.)
License No. 10927 -A-4(17)
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
END OF SECTION
EG081599
Section 2, Page 6
AGREEMENT FORM
NOTICE TO PROCEED
Dated APRIL 6
,2001
TO: ANVIL FENCE CO. 106 East 46th Place. Boise. Id. 83714
(Contractor)
PROJECT: Eagle Island Bike Path Fence. City of Eagle. Proiect No. PR081599
OWNER:
City of Eagle. Idaho
You are notified that the Contract Time under the above-contract will begin on
APRIL 9 ,2001. By that date, you are to start performing the work and your
other obligations under the Contract Documents. The dates of Substantial Completion and
Final Completion are set forth in the Agreement; they are MAY 10 ,2001 and
MAY 17 ,2001, respectively.
By:
Date
~~.
Title
EG081599
Section 2, Page 14
NOTICE TO PROCEED
H
E
HOLLADAY ENGINEERING CO.
ENGINEERS. CONSULTANTS
32 N. Main P.O. Box 235 Payette, 1083661
(208) 642-3304 · Fax # (208) 642-2159
Change Order # 1
April 6, 2001
The following items shall be additions to the project titled Eaole Island Bike Path
Fence Construction (EG081599) for the City of Eagle.
1. lOne 12-foot Gate including two 6-inch diameter posts $550.00
2. T Hang seven (7) "no trespassing" signs (hog ring to wire) $35.00
TOTAL OF ITEMS ADDED $585.00
The cost increase for this change is $585.00.
Change Justification
Parcel No. S0516314905
This lot owned by AI Russell and All Russell Jr. has been split and was approved
by the City of Eagle on March 9, 1999. Each of the current landowners is to have
one access gate along the new fence. Holladay Engineering Company was
unaware of the lot split at the time of the bidding. The addition of the gate should
be beneficial to the city since it will allow access near the Eagle Island Pedestrian
Bridge.
WATER · WASTEWATER · SOLID WASTE . PUBLIC UTILITIES. STRUCTURES . PLANNING. STUDIES
CHANGE ORDER
Change Order No. (1)
Date: APRIL 6. 2001
PROJECT: EG081599
CONTRACT DATE: APRIL 6. 2001
OWNER:
City of Eagle. PO Box 1520. Eagle 10 83616
SUPPLIER: Anvil Fence Company. 106 E. 46th Plaace. Boise 1083714
Anvil Fence Company
the changes noted below in the Subject Contra
, contractor, is hereby directed to make
By:
o ,
I}' \ J (Date)
) l" c"t. "'"I ~ft \1u , ~
(Printed Name)
Nature of the Changes: See attached sheets for changes and prices
Justification for the Changes: See attached sheets for change justifications
These changes result in the following adjustment of Contract Price and Contract Time:
Contract Price Prior to This Change Order: $ 13155.80
Net (/ncrease)(Oecrease) Resulting from this Change Order: $ 585.00
Current Contract Price Including This Change Order: $ 13740.80
Contract Time Prior to This Change Order: May 17. 2001
(Days or Date)
Net (Increase)(Decrease) Resulting from This Change Order: None
(Days)
Current Contract Time Including This Change Order: May 17. 2001
(Days or Date)
The Changes Are Approved:
Changes accepted and bonding company
notified:
By:
Engineer
Date
By:
Supplier
Date
(Printed Name)
(Printed Name)
END OF SECTION
EG081599
Section 2, Page 12
CHANGE ORDER
NOTICE OF AWARD
Dated c1 ~ ,;2 7
,2001
TO Anvil Fence Company. Mike Thompson Project No. EG081599
PROJECT Bike Path Fence Construction
OWNER City of Eagle
CONTRACTOR Anvil Fence Company. 106 East 46th Place. Boise. Idaho 83714
You are notified that your Bid dated February , 2001, for the above Contract has been
considered. You are the apparent successful bidder and have been awarded a contract for
Removal of 1080 feet of existing fence and construct a 4 barb wire fence consisting of
a roximatel 2822 feet includin two 12-foot steel ates
The Contract Price of your contract is Thirteen thousand. one hundred fifty five dollars and
eighty cents Dollars ($ 13,155.80)
This Notice of Award is enclosed with a copy of the proposed Contract Documents (except
Drawings). Three sets of Drawings will be delivered separately or otherwise made available to
you.
You must comply with the following precedent conditions within seven days of the date of this
Notice of Award, that is by N\ arc..- \., (p. ,2001.
.
1. You must deliver to the OWNER fully executed documents as outlined in the
Instruction to Bidders including Performance-Payment Bonds, State Tax
Commission Public Work Contract Report and certificates of insurance.
2. Upon receiving the above documents, a contract signing and pre-construction
meeting will be scheduled by the Owner at which time all counterparts of the
agreement will be signed as required by the documents.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your bid abandoned, to annul this Notice of A ward and to declare your Bid Security
forfeited.
Within five days after you comply with those conditions, OWNER will return to you two fully
signed counterparts of the Agreement with the Contract Documents attached.
C:~ .EaqL.
(i ner)
By
(1\'\ eLl (9,
(Title)
EG081599
Section 2, Page 1
NOTICE OF A WARD
H
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~cc.
,t -;2 7-C'J I
HOLLADAY ENGINEERING CO.
ENGINEERS. CONSULTANTS
32 N. Main P.O. Box 235 Payette, 1083661
(208) 642-3304 · Fax # (208) 642-2159
Date: February 20,2001
From: Holladay Engineering
Elwin T. Butler, Staff Engineer
32 North Main
Payette, Idaho 83661
To:
Rick Yzaguirre, Mayor
City of Eagle
310 E. State St.
Eagle, Idaho 83616
(208) 939-6827-Fax
..
Subject:
Notice of Award
Enclosed is the Notice of Award for the construction of the fence along the Eagle Island
Bike Path. Anvil Fence Company has a current public works license and their proposal
meets all of the requirements. It is the Engineers recommendation that the proposal be
awarded to:
Anvil Fence Company
Mike ThomRson, President
106 East 46t Place
Boise, Idaho 83714
The contract amount is for $13,155.80. Please date and sign the enclosed Notice of
A ward if this meets your approval.
If there are any questions please call.
Thank you,
Holladay Engineering Co.
~.:-; . -;- /J III
By: {. _ ~1n j. d:;lz / 'J
Elwin T. Butler, EIT, Staff Engineer
WATER · WASTEWATER · SOLID WASTE . PUBLIC UTILITIES. STRUCTURES . PLANNING. STUDIES