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Service Solicited - 1999 - Robert L. Angle & Associates - Eagle-Ada County Sports Complex - Phase I AGREEMENT FORM THIS AGREEMENT is between Robert L.Angle and Associates_(herein called CONTRACTOR)and City of Eagle,Idaho(herein 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/Ada County Sports Complex-Phase One" 2. LANDSCAPE ARCHITECT 2.1 The Land Group is hereinafter called Landscape architect and is to act as OWNER's representative, assume duties and responsibilities,and have the rights and authority assigned to 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 April 14, 2000 and Work will be completed and ready for final payment and acceptance in accordance with the General Conditions on or before April 30,2000. 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 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 two hundred and fifty dollars and zero cents ($250.00) for each day that expires after the time specified in paragraph Contract Times above, for Substantial Completion 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 extensions 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 owned ESP Agreement/1 7/16/99 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 total based on the conformed Bid, which is included as an Exhibit to this Agreement. Three hundred.sixty-two thousand,four hundred Dollars (words) and No Cents($362,400.00 ) (words) (figures) 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 (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 LANDSCAPE ARCHITECT 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 Y2 percent per month. 7. CONTRACTOR'S REPRESENTATIONS 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 of the General Conditions, and accepts the determination set forth in 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 ESP Agreement/2 7/16/99 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 Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions; and not additional or supplementary examinations,investigations,explorations,tests,reports,or similar information or data re 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 in 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 LANDSCAPE ARCHITECT written notice of all conflicts, errors, ambiguities or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by LANDSCAPE ARCHITECT 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. 8. CONTRACT DOCUMENTS 8.1 The Contract Documents which comprised the entire Agreement between OWNER and CONTRACTOR concerning Work are defined in the General Conditions. 8.2 Drawings bearing the following general title: "Fagle/Ada County Sports Complex-Phase One" 8.3 Addenda numbers 1 _to 3 ,inclusive. 8.4 Exhibits to this Agreement include: 8.4.1 Advertisement for Bid 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 ESP Agreement/3 7/16/99 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 are subject to the venue of the Fourth Judicial District of the State of Idaho IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and LANDSCAPE ARCHITECT. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER: CONTRACTOR: 3 g Q Tr t .�°1� ek A s%o c - CITY OF EAGLE I VaZ/9ej By2ICK y7AGUTRRF, MAVn °` By Date 11123/99 Date I %A. A -) (CORPORATE SEAL}* (CORPORATE SEAL) Address for giving notices: Address for giving notices 310 E. State Street 6 GO S . S T N u Eagle Idaho 83616 F O c r�-"° , ( 0 e 3 Z a`{ Phone.(208)939-6813 Fax.(208)939-6827 (If OWNER is a public body,attach License No. I i 2 o 6 - a A A- I,3/ '4 evidence of authority to sign and Agent for service of process: resolution of other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) ESP Agreement/4 7/16/99 The Land Group, Inc. 128 S. Eagle Rd. * Eagle, ID 83616 Tel.208.939.4041 *Fax.208.939.4445 ADDENDUM No. 1 July 22,1999 To the Plans and Specifications for: EAGLE /ADA COUNTY SPORTS COMPLEX - PHASE ONE City of Eagle Eagle, Idaho To All Contractors Submitting Bids on the Above Subject: This addendum No. 1 is hereby made a part of the Contract Documents pertaining to the above project and shall be binding upon each contractor submitting bids. It shall further be the responsibility of each Contractor to notify his subs concerning the contents of this addendum as they specifically apply to them. Be sure to knowledge it in your Bid Proposal Form. 1-1 DRAWING SHEET 2.21 1. ENTRANCE DRIVES AND DRIVEWAYS under the Legend has been modified to read "6.5" depth "type B"crushed gravel, 8" depth "type A" structural fill" for the base bid. 2. Addition of ADD ALTERNATE A- Add Alternate A to consist of: Provide and install 2.5" depth asphalt, 4" depth "type B" crushed gravel, 8" depth "type A" structural fill. Install as per detail A2/2.25. 1-2 SPECIFICATIONS 1. Document 00300-Bid Proposal Form- The Alternate Proposal, Bid Alternate No. 1 should read the following: Add Alternate A. 2.5" depth asphalt paving, 4" depth crushed gravel, and 8" depth structural fill. **END OF ADDENDUM NO. 1** OP 100,© 01 1 1' D 0 °•s 0 �,. > '� _ k i; q 2 'e, m ) - \ \�\ m / 1 / |§ \ , 22/ 0 I Li j p \ c VI • CO • 0 / 9m@ _§/ / �I0 � ON q3) / oz _3 (>q + x\§ \ ]6- - \.0 X/ 0 \ Vi 1101 \ 2 9\ # \ q - 7 § 7 / Z 2 Alg 0 @G ^ % 2 2 } § § ƒ .*2\ ) §n/ r- /\\ c N. \ _ \\ -U) }\ §K/ / .,, ° | \ /k m� • o tm '2 § [ {[ ( 7 ."� t §2\ ) - 2k> = o>\ )� „�> § .< \ cI _ ° § »|G - 2 2# ()§ .1k F§2 I m @ K 0 �!% k )2 @ } ° - |; § |` a / 2 1� m; @ #/ 9 a - § � F ƒ $ § \ r t\ 1 F d 1 R 1 .e 1•\\ / N 6907'57'IV!66.62'• d \4Z , /� / . . • i•4,, , ;Pp' ..• • •� ♦ \ ;IQs \ . • • I t• 44 ice, $ ;' 6 Ai 41012102•440 /� // i ir' `•; yir - �'L - The Land Group, Inc. 128 S. Eagle Rd. * Eagle, ID 83616 Tel.208.939.4041 •Fax. 208.939.4445 ADDENDUM No. 2 July 28,1999 To the Plans and Specifications for: EAGLE /ADA COUNTY SPORTS COMPLEX - PHASE ONE City of Eagle Eagle, Idaho To All Contractors Submitting Bids on the Above Subject: This addendum No. 2 is hereby made a part of the Contract Documents pertaining to the above project and shall be binding upon each contractor submitting bids. It shall further be the responsibility of each Contractor to notify his subs concerning the contents of this addendum as they specifically apply to them. Be sure to acknowledge it in your Bid Proposal Form. 2-1 DRAWING SHEET 16.20 1. Fixture type P1 shall be Architectural Area Lighting No. SL-FH22 in lieu of SL-FH32-PM. 2. The following manufacturer's are approved as "equals" for bidding purposes: Light Fixtures: - P1- Environmental Lighting for Architecture, Inc. 2-2 BID DATES AND CONSTRUCTION DATES 1. Sealed bids will be received at Eagle City Hall, 310 E. State Street, Eagle, Idaho, until 2:00 p.m., August 26, 1999. Bids will be opened and publicly read aloud at the time and place stated for receipt of bids. Bids received after the time fixed for opening will not be considered. 2. Contractor's shall substantially complete the work, as defined within, eighty (80) consecutive calendar days after the notice to proceed has been given. 3. These new dates supersede all dates mentioned in the construction documents. 2-3 SKATEBOARD AREA- QUESTIONS FOR THE CONSULTANTS 1. All questions regarding the skating area can be referred to: Purkiss- Rose RSI 801 N. Harbor Blvd. Fullerton, California 92832 Phone: 714-871-3638 Fax: 714-871-1188 Contacts: Dominique Oyzon and Carl Garcia 2. The Land Group, Inc. will have a skateboard area construction manual, provided by Purkiss-Rose RSI, available for viewing at 128 S. Eagle Rd., Eagle, Idaho. **END OF ADDENDUM NO. 2** 08/24/1999 09:46 9394041 THE LAND f V I rv/4 REC ILED CITY OF EAGLE - _ AUG 2 4 1999 — File: Posit-Ito Fax Note 7871 Din. . To c �c�mor`i CO./Dept The Lend Group, inc. 128 S. Eagle Rd. * Eagle, ID 83616 Tel.208.939.4041 'Fax.208.939.4445 ADDENDUM No. 3 August 24,1999 To the Plans and Specifications for: EAGLE/ADA COUNTY SPORTS COMPLEX- PHASE ONE City of Eagle Eagle, Idaho To All Contractors Submitting Bids on the Above Subject: This addendum No. 3 is hereby made a part of the Contract Documents pertaining to the above project and shall be binding upon each contractor submitting bids. It shall further be the responsibility of each Contractor to notify his subs concerning the contents of this addendum as they specifically apply to them. Be sure to acknowledge it in your Bid Proposal Form, 3-1 DRAWING SHEET 16.20 1. The following manufacturer's are approved as "equals"for bidding purposes: Light Fixtures: - P1- U.S. Architectural 3-2 DRAWING SHEET 2.27 1. Detail E12.27- Steel coping will not be required for the edge of the concrete bowl. 2. Detail G/2.27-All coping pipe is to be 2" O.D. sch 40 galvanized steel pipe. **END OF ADDENDUM NO. r'