Full Text
AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICE Tf-IIS AGREEMENT is by and between City ofl\:1oscow, Idaho and Power Constructors Owner and Design.!Bu!ldcr. in consideration oftht: mutual covenants hereinafter set forth, agree as follows: ARTICLE I -WORK (Owner) (Design/Builder). 1.01. Design-'Bui!dcr shall complete al! \Vork as specified or indicated in the Contract Documents. The \Vork is generally described as follows: See Attached Exhibit ARTICLE 2- THE PROJECT 2.01. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: See Attached Exhibit 2007-06 ---PAGE BREAK--- ARTICLE 3 - CONTRACT TIMES 3.01. Time of the Essence A. All time limits for .'vtilestones, if any, Substantial Completion. and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02. Dates for Substantial Completion and Final Payment A. The Work \viii be substantially completed on or before Ju!v l ,__2007 , and completed and ready for final payment in accordance \Vith paragraph 13.08 of the General Conditions on or befOre Julv 31 2007. 3.03. Liquidated Damages A. Design/Builder and Owner recognize that time is of the essence of this Agreement and that Ovvner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02.A above, plus any extensions thereof allowed in accordance with paragraph 11.02 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by Owner if the \Vork is not completed on time. Accordingly, instead of requiring any such proof, 0\.vner and Design/Builder agree that as liquidated damages for delay (but not as a penalty), Design/Builder shall pay Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.02.A for Substantia! Completion until the Work is substantia!iy complete. After Substantial Completion, if Design/Builder shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.02.A for completion and readiness for final payment or any proper extension thereof granted by Owner, Design/Builder shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.02.A for completion and readiness for final payment. ARTICLE 4- CONTRACT PRICE 4.01. Owner sha!l pay Design/Builder for completion of the \Vork In accordance with the Contract Documents an amount in current funds at the prices stated in Design/Builder's ProposaL attached hereto as Exhibit ARTICLE 5- PAYMENT PROCEDt:RES 5.01. Design/Builder shall submit and Owner will process Applications for Payment in accordance with Article 13 of the General Conditions. A. Progress Payments: Retainage Owner shaH make progress payments on account of the Contract Price on the basis of Design/Builder's Applications for Payment which are to be submitted on or about the 2510 day of each month during performance of the Work as provided in paragraphs 5.0 i .A l and A.2 below. AH such payments will be based on the Schedule of Values established in paragraph 2.06.A.3 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). l . Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Owner may '1-vithhold in accordance with paragraph 13.03.8 of the General Conditions. a. Ninety percent (90%) of Work completed (with the balance being retainage). lfthe Work has been 50 percent completed as determined by Owner_ and if the character and progress of the \Vork have been satisfactory to Owner. Owner may determine that as long as the character and progress of the Work remain satisfactory· to Owner, there \Vil! be no additional retainage on account of Work completed, in which case the progress payments prior to Substantial Completion wll! be in an amount equa! to 00 percent of the rernainine \'-/ork completed. b. "!\inety percent (90%) the balance being retainage) of the cost of materials and equipment not incorporated m the Work delivered, stored and accompanied by documentation to Ovmer as in paragraph 3.02.A of the General Conditions). t:scnc D-520 form of Agreement Between Owner and [}{>sign/Builder ional Engineers EJCnt· . rights 5 ---PAGE BREAK--- MWER ENGINEERS, INC. •a I#WBf-•ami+*H m U?Hm-a Exhibit Mr. Bill Belknap Assistant C!ty Supervisor 206 East Third Street Moscow. Idaho 83843 [PHONE REDACTED] Subject: City of Moscow Alturas Fiber Optic Net\vork Mr. Belknap, NfDHE TAX Thank you for choosing PO\VER for your communications Design build needs. We look fOrward to working \vith the City of Moscow to complete this project. Below you will find a Scope of vvork for the Alturas Project as well as the budget that we have established. City of Moscow Alturas Fiber Optic Network Engineering/CAB/Record Drawings Scope of Work: Perform a design review of the construction plans received from the City of Moscmv and make recommendations for possible design changes. Make revisions to the construction drawings as needed from the design review. After construction is complete PO\VER will begin creating the Record Dravvings (as-builts) from redlinesifield data created from the Construction inspectors overseeing the installation. POWER will submit hardcopy of the record drawings as \vel! as ( 1) Electronic copy of the record drawings. In addition the CD of the electronic files will include and shape file export of the data for use by the City of Moscow GIS department. Assumptions: Drawings files provided are in the correct Geographical space and will not need to be translated/projected into the correct Geographical areas. If not, the City of Moscow & POWER will negotiate a price to complete. Drawings files provide are to scale. No permits are required No Environmental permit are required DeHverablcs: ( l) of record uraȝdnas ( l) CD \vith electronic fl es ACAD fiies of record ctrr1wm''' EngineeringiCADiRecord Drawings: $25,200,00 files fOr GIS ---PAGE BREAK--- POWER ENGINEERS, INC. 14 '4MMU3!id FB.! I mmamtt Construction Implementation Scope of Work: City of Moscow Backbone: Beginning at D Street & Mountain View-, Pull City provided 48 count fiber optic cable through exiting 2" conduit for 610 feet to B Street. Continue to pull fiber up the power pole through an existing pole riser. At this pole place a 200 foot snow shoe fOr slack storage, begin to over !ash ni the existing City owned l 2 count FOC for i l40 feet to the south. Near 3 Street & Mountain Vie\v, the existing 12 count FOC will stop:_ at this point begin a new aerial strand & lashing of the cd 48 count FOC for 630 feet to the south. Remove the existing Anchor & guy \Vire at 3 St. & Mountain View. th Ncar 6 & Mountain ViC\v place a nevv pole riser. guy & anchor. At this point the route goes underground and will be installed via directional boring for approximately 810 feet to the south to th zh 7 Street. At 7 & Mountain View install a new pole riser. guy & anchor, and continue aerial construction for approximately' 1,687 feet to the south. At the first driveway north of\Vhite Ave & Mountain View place a new pole riser, guy & anchor. place a new splice vault near the base of the po!e and trench approximately 40 teet to intercept the exiting City owned x· conduit, puli through existing conduit for approximately 375 feet. At the northwest corner of Mountain Vievv and White Avenue, intercept existing conduit and place a new splice vault near the base of the pole and place 200 feet of slack in vault. Continue pul! through existing conduit fOr approximately 342 feet to the south to tbe end of the existing 2" conduit. At the end of the existing conduit. begin to place new 2" conduit via directional bore for approximately 831 feet. At the intersection of Mountain View & State Hwy 8. intercept an existing handhole and pull through existing conduit under state hwy 8 for approximatelȞy 89 feet to another existing handhoie. From this handhole on the southwest side of State Hwy 8 & Mountain View. Place conduits via directional bore along the trail for approximately 508 feet, to the location of the installation of a conditioned equipment cabinet just southeast of the existing Alturas Park entrance sign. Install ( l) Econlite conditioned equipment cabinet model # TBD including power connection via existing power source to entrance sign lighting, and four 2U- 48 strand capacity rack mounted termination panels (with single-mode SC connectors). Continue placement of conduits via directional bore along the trail for approximately 5,227 feet to the intersection of State I-hvy 8 & US-95. At this intersection, tie into the existing ITO vault. Alturas Business Park & Maii/Safeway complex: From the conditioned cabinet location, place 2" conduits, south for 280 feet to Alturas Drive. Place ( l) 48 FOC in each duct placed. Place a handho!c at the intersection of Alturas Parbvay & Alturas Drive. Directional bore ( l) conduit east along Alturas Drive fOr 166 teet. intercept existing conduit. and a new splice vault at Mountain pulling a 48 count fiber and placing splice vault at identified !o1 corners. total of four this route. At Alturas Parkway & Ahuras Drive. directional bore ( l) conduit for 700 feet to the vvest at the vacam buiiding, and pulling a 48 count fiber and placing identified lot corners. total of three along this route. ---PAGE BREAK--- POWER ENGJN£13!1?$, INC. *!li!Hi4¥M!i!H-itili fWHH From the conditioned cabinet location. directional bore 605 feet of X' conduit north to the identified location behind the East-side Marketplace building, place a handhole near the building. core drill into the building, place a I 00 foot slack loop and terminate the 12 fibers of the 48 strand cable \vithin a 24 fiber capacity. wall mounted termination enclosure (single-mode SC connectors) inside the premises. Within Alturas Park, install service drops from the distribution pedestals to the existing five buildings located within the park. place EMT along the outside wall to the identified building penetration point, penetrate the building, place I 00 feet slack and place a 12 fiber wall mount termination enclosure (single-mode SC connectors) and terminate 2 fibers per building. Splicing assumptions: D Street & Mountain Vie\v • Splice & Test 12 of 48 inside existing Coyote splice case Mountain View & White Ave. • Splice & Test 48 of 48 -provide Coyote splice case & assoc. materials Mountain View & f-f\vy 8 • Splice & Test 48 of 48 -provide Coyote splice case & assoc. materials Hwy 8 & Alturas Pkwy (Conditioned Equipment Cabinet) e East 48 to Mountain View Intersection , Terminate 48 of 48 in rack mount enclosure (Conditioned Equipment Cabinet) West 48 to Highv. ay 95 o Terminate 48 of48 in rack mount enclosure (Conditioned Equipment Cabinet) • North 48 to Eastside Market Place o Terminate l2 of48 in mck mount enclosure (Conditioned Equipment Cabinet) 0 Terminate and test 12 of 48 at the Eastside Market Place building • Southwest 48 to Alturas and old Tidy mans building o Terminate l2 of 48 in rack mount enclosure (Conditioned Equipment Cabinet) Splice drops Terminate and Test 2 fibers at each of the four buildings within Aituras and the old Tidymans building. o Southeast to Alturas Parkway and Mountain View Road 0 Terminate 14 of48 in rack mount enclosure (Conditioned Equipment Cabinet) and Splice drops, Terminate and Test 2 fibers at the one \Vithin Altums and :200 feet slack in the new vault to be placed at Mountain View Testing: Bi-Directionali"Pm-v·er Meter at 1550 & 13! Onm. Totals: Splices- Ɓ20Ƃ Terminations- 156 Construction $378,655.91 Total Cosls: 5403,885,9! '3a-2007 ---PAGE BREAK--- ! f you have any questions feel tfee to contact Brent lackey or myself. Respectt1lily, Alex Abeyta A.lA/aja cc: POWEf:l ENGJNEEil$, INC, i#lf41@ii#@IU1£ S. I ill ll'hj!H