CITY OF BOISE. ORDINANCE or RESOLUTION NUMBER:

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1 CITY OF BOISE To: FROM: Mayor and Council Purchasing Division and Fire/EMS Department ORDINANCE or RESOLUTION NUMBER: DATE: 01/29/2008 SUBJECT: Award of Bid, Approval of Contract F/B ; Fire Hydrant Replacement Program to Knife River Construction in a Not to Exceed Total Amount $303, ACTION REQUIRED: Bid award by Motion, contract approval by Resolution. RECOMMENDATION: The Boise Fire/EMS Department recommends that the bid be awarded to the lowest responsive bidder, Knife River and approval of the contract agreement, subject to compliance with insurance requirements. FISCAL IMPACT/BUDGET IMPLICATIONS: There are sufficient funds available in account for this purchase. BACKGROUND: This purchase is for replacement of 100 fire hydrants at various locations in the city that exceed 40 years in age. This project is an approved FY 2008 capital project. ATTACHMENTS: Resolution, Contract, Bid Proposal and Bid Specifications.

2 RESOLUTION NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY, AND TIBBS. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF BOISE CITY, AN AGREEMENT FOR F/B FIRE HYDRANT REPLACEMENT PROGRAM, BOISE FIRE/EMS DEPARTMENT, BETWEEN THE CITY OF BOISE CITY AND KNIFE RIVER CONSTRUCTION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boise Fire/EMS Department, and Purchasing staff recommended award of F/B Fire Hydrant Replacement Program, Boise Fire/EMS Department to the lowest, responsible bidder, Knife River Construction; and, WHEREAS, during their meeting of, the City Council followed staff recommendation and awarded Resolution No., F/B Fire Hydrant Replacement Program, Boise Fire/EMS Department to Knife River Construction. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE, IDAHO: Section 1. That the contract by and between the City of Boise City and Knife River Construction, for F/B Fire Hydrant Replacement Program, Boise Fire/EMS Department, a copy of which Agreement, marked Exhibit A, is attached hereto and incorporated herein by reference, be, and the same hereby is, approved both as to form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to execute and attest said contract on behalf of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho, this day of, APPROVED by the Mayor of the City of Boise, Idaho, this day of, APPROVED: Mayor ATTESTED: City Clerk Council January 29, 2008 R-40-08

3 CITY OF BOISE PURCHASING RECOMMENDATION TO: FROM: Mayor and Members of Boise City Council Purchasing Division, Boise Fire/EMS Department DATE: January 14, 2008 SUBJECT: Council: January 29, 2008 Award of Bid, Approval of Contract; F/B ; 2008 Fire Hydrant Replacement Program, Boise Fire/EMS Department to Knife River in a Total Amount Not to Exceed $303, BACKGROUND: This purchase is for replacement of 100 fire hydrants at various locations in the city that exceed 40 years in age. This project is an approved FY 2008 capital project. BID RESULTS: The bids for F/B were opened December 5, 2007 at 3:30 pm. Forty-six invitations were mailed to prospective bidders. Six bid proposals were received. The apparent low bidder, Superior Construction, after meeting with the project manager, realized they could not complete the work at the cost they bid. On December 7, 2007 the Purchasing Department and Fire Department allowed Superior Construction to withdraw their bid. Bodiford Construction, the next apparent low bidder was not Certified as a United Water Contractor as of January 1, 2008 as required in the bid documents. Therefore their bid was deemed non-responsive. Bid results were as follows: Base Bid: Inclusive of all work. Alternates: None Bidder Base Bid Superior Construction Withdrawn Bodiford Construction Non-responsive Knife River Construction $303, Sommer Construction $307, Owyhee Construction $307, Bitterroot Construction $432, Department Estimate $330, Boise Fire/EMS Department has reviewed the bid results and recommends that the bid be awarded to the low responsive bidder, Knife River Construction. Knife River Construction has been contacted and has indicated that they will accept the award. FISCAL IMPACTS: There are sufficient funds available in account for this purchase. RECOMMENDATION: Boise Fire/EMS Department staff recommends that Purchasing award F/B to the low responsive and responsible bidder, Knife River Construction. ACTION REQUIRED: Bid award by Motion Action, contract approval by Resolution.

4 ADDENDUM 01 F/B FIRE HYDRANT REPLACMENT PROGRAM Date: November 15, 2007 Boise City Purchasing Carolyn Estes P.O. Box 500 Boise, Idaho Phone (208) Fax (208) Total Pages Transmitted (Including this sheet): (1) Page 1 Cover & Message Message: This Addendum 01 is being issued to notify you of the following change to our project F/B Fire Hydrant Replacement Program: 1). Page 2 -Instructions and Information to Bidders- Bidder must be a registered and certified United Water contractor at the time of the bid opening. Change to: Bidder must be a registered and certified United Water contractor no later than January 1, This Addendum 01 is hereby as of the above posted date made a part of the project requirements and contract documents for the referenced project. You are to note the receipt of, and compliance with this Addendum upon the space provided within the bid or proposal. Failure to acknowledge this Addendum does not relieve you from fulfilling the Addendum requirements. This is the only communication you will receive regarding this Addendum. IF ALL PAGES WERE NOT RECEIVED OR THERE IS A PROBLEM WITH THE TRANSMITTAL, PLEASE CONTACT OUR OFFICE.

5 ADDENDUM 02 F/B FIRE HYDRANT REPLACEMENT PROGRAM Date: November 15, 2007 Boise City Division of Purchasing Carolyn Estes C.P.M., Purchasing Specialist P.O. Box 500 Boise, Idaho Phone (208) Fax (208) Total Pages Transmitted (Including this sheet): (1) Page 1 Cover and Message Message: This Addendum 02 is being issued to notify you of the following clarifications to our project F/B Fire Hydrant Replacement Program: Question: I was just wondering if the scope of work was just to replace the fire hydrant mechanism or does it include replacing the valve in the street and the connection line? Answer: "The Scope of Work is to replace the fire hydrants to include the top, barrel and foot valve." In some instances it could be possible that the valve and connection line would have to be replaced. If, at the time of the hydrant replacement, it is determined that the valve and connection line need to be replaced the contract sum would be adjusted accordingly. Refer to Page 15 in the bid packet Changes in Work. This Addendum 02 is hereby as of the above posted date made a part of the project requirements and contract documents for the referenced project. You are to note the receipt of, and compliance with this Addendum upon the space provided within the bid or proposal. Failure to acknowledge this Addendum does not relieve you from fulfilling the Addendum requirements. This is the only communication you will receive regarding this Addendum. IF ALL PAGES WERE NOT RECEIVED OR THERE IS A PROBLEM WITH THE TRANSMITTAL, PLEASE CONTACT OUR OFFICE. 1

6 ADDENDUM 03 F/B FIRE HYDRANT REPLACEMENT PROGRAM Date: November 21, 2007 Boise City Division of Purchasing Carolyn Estes C.P.M., Purchasing Specialist P.O. Box 500 Boise, Idaho Phone (208) Fax (208) Total Pages Transmitted (Including this sheet): (1) Page 1 Cover and Message Message: This Addendum 03 is being issued to notify you of the response/changes to our project F/B Fire Hydrant Replacement Program. 1). The bid opening date advertised as November 28, 3:00 pm local time will be rescheduled to December 5, 3:30 pm local time. 2). Sealed bids will be accepted no later than December 5, 3:30 pm local time. Sample Contract Page 24 Was Condition: 20. Term: This agreement will not be valid for more than 180 days from the date of approval by Owner. Is Condition: 20. Term: This agreement will be valid until September 1, This Addendum 03 is hereby as of the above posted date made a part of the project requirements and contract documents for the referenced project. You are to note the receipt of, and compliance with this Addendum upon the space provided within the bid or proposal. Failure to acknowledge this Addendum does not relieve you from fulfilling the Addendum requirements. This is the only communication you will receive regarding this Addendum. IF ALL PAGES WERE NOT RECEIVED OR THERE IS A PROBLEM WITH THE TRANSMITTAL, PLEASE CONTACT OUR OFFICE. 1

7 ADDENDUM 04 F/B FIRE HYDRANT REPLACEMENT PROGRAM Date: November 26, 2007 Boise City Division of Purchasing Carolyn Estes C.P.M., Purchasing Specialist P.O. Box 500 Boise, Idaho Phone (208) Fax (208) Total Pages Transmitted (Including this sheet): (2) Page 1 & 2 Cover and Message Message: This Addendum 04 is being issued to notify you of the response and/or changes to our project F/B Fire Hydrant Replacement Program. Notice to bidders: It is the bidders responsibility to include in their bid any costs associated with United Water s processes, procedures and specifications. Question: We are required to abide by all City Codes and Public Works Contractor Laws, yet bidders are also being required to be qualified by a private entity. I'm not an attorney however, on the surface this seems to be contradictory of Public Works Laws. Answer: Boise City owns the hydrants to be replaced. United Water owns the gate valves and requires persons accessing their lines to be a certified United Water contractor. Question: We are being required to submit a bid bond, if we are unable for some reason to become qualified by United Water, what happens to the bid bond if we are the successful low bidder? Answer: Your bid bond would be returned. IF ALL PAGES WERE NOT RECEIVED OR THERE IS A PROBLEM WITH THE TRANSMITTAL, PLEASE CONTACT OUR OFFICE. 1

8 Question: After speaking with United Water, they review applications for qualification in December. There is no problem getting the paperwork into them to become qualified but they may not have applicants qualified until later in January. Your contract documents state the successful low bidder starts 7 days after award. This could be a problem. Answer: To complete the project in the time allowed it is necessary for bidders to be a registered and certified United Water contractor no later than January 1, 2008 as per the bid specifications. This Addendum 04 is hereby as of the above posted date made a part of the project requirements and contract documents for the referenced project. You are to note the receipt of, and compliance with this Addendum upon the space provided within the bid or proposal. Failure to acknowledge this Addendum does not relieve you from fulfilling the Addendum requirements. This is the only communication you will receive regarding this Addendum. IF ALL PAGES WERE NOT RECEIVED OR THERE IS A PROBLEM WITH THE TRANSMITTAL, PLEASE CONTACT OUR OFFICE. 2

9 CITY OF BOISE CONTRACT AGREEMENT Project: Contractor: Owner: FB Fire Hydrant Replacement Program Knife River City of Boise, Ada County, Idaho, a municipal corporation THIS AGREEMENT, made this day of, 2008, by and between the City of Boise, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "Owner", and Contractor, hereinafter referred to Contractor, a corporation organized under the laws of the State of Utah. 1. Statement of Work: Contractor will furnish the labor, material and equipment for and perform the work desired herein for the consideration stipulated, and in compliance with State and Owner codes. Contract documents consist of the following: Instruction to Bidders General Conditions Contract Bid Contract Agreement Acknowledgment Technical Specifications Performance Bond Labor & Material Payment Bond Workers' Compensation Liability Insurance Attached Drawings & Reports 2. Time of Completion: Contractor agrees to commence construction within 7 calendar days after the receipt of Notice to Proceed, and upon this commencement of work will complete the base bid items within the 90 calendar days. Notice to Proceed issued in the winter months will commence in the spring when the weather conditions are conducive to the work as specified in the contract. 3. Indemnification and Insurance: Contractor will indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor, its servants, agents employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of Owner or its employees. In addition, Contractor, Inc. will maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which Owner will be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance will not be deemed a limitation of the covenants to indemnify and save and hold harmless Owner; and if Owner becomes liable for an amount in excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmless Owner from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Contractor will provide Owner with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the Owner. In the event the insurance minimums are changed, Contractor will immediately submit proof of compliance with the changed limits. Additionally, Contractor will maintain Workers Compensation Insurance, in the statutory limits as required by law. Evidence of all insurance will be submitted to Boise City Purchasing, P.O. Box 500, Boise, ID.,

10 4. Independent Contractor: In all matters pertaining to this agreement, Contractor will be acting as an independent Contractor, and neither Contractor, nor any officer, employee or agent, of Contractor will be deemed an employee of Owner. The selection and designation of the personnel of Owner in the performance of this agreement will be made by Owner. 5. Compensation: For performing the services specified in Section 1 herein, Owner agrees to reimburse Contractor according to the billing schedule contained within Exhibit A. Payment will not include any sub-contract or other personal services pay except as may be agreed to in writing in advance by the parties. Change Orders may be issued, subject to Council approval. 6. Method of Payment: Contractor will invoice the Boise Fire Department directly for all current amounts earned under this Agreement according to the Billing Schedule in Exhibit A. Owner will pay all invoices within forty five days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, will be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Dave Muir City of Boise Fire Department PO Box 500 Boise, ID Knife River 5450 W. Gowen Road Boise, Idaho Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party will be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision will be deemed to be a separate contract between the parties and will survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder will constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor will not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of Owner.

11 11. Discrimination Prohibited: In performing the Services required herein, Contractor will not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as Owner may require, there will be furnished to Owner such statements, records, reports, data and information as Owner may request pertaining to matters covered by this Agreement. 13. Compliance with Laws: In performing the scope of work required hereunder, Contractor will comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 14. Changes: Owner may, from time to time, request changes in the Statement of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between Owner and Contractor, will be incorporated in written amendments to this Agreement. Change orders must be authorized by Owner in writing prior to beginning the additional work. For changes which increase the Contract Price, singularly or cumulatively, by amounts in excess of those outlined in the City of Boise Municipal Code Section , "Owner" shall mean the Boise City Council. 15. Termination for Cause: If, through any cause, Contractor will fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Contractor will violate any of the covenants, agreements, or stipulations of this Agreement, Owner will thereupon have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by Contractor under this Agreement will, at the option of Owner, become its property, and Contractor will be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, Contractor will not be relieved of liability to Owner for damages sustained by Owner by virtue of any breach of this Agreement by Contractor, and Owner may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due Owner from Contractor is determined. This provision will survive the termination of this agreement and will not relieve Contractor of its liability to Owner for damages. 16. Termination for Convenience of City: Owner may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing to the Contractor. If the Agreement is terminated by Owner as provided herein, Contractor will be paid an amount which bears the same ratio to the total compensation as the work actually performed bear to the total services of Contractor covered by this Agreement, less payments of compensation previously made. If this Agreement is terminated due to the fault of Contractor, Section 15 hereof relative to termination will apply. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion.

12 18. Entire Agreement: This Agreement, along with the documents listed in Clause 1, contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 19. Applicable Law: This Agreement will be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Boise. 20. Term: This agreement will not be valid for more than 180 days from the date of approval by Owner. 21. Approval Required: This Agreement will not become effective or binding until approved by Owner. 22. Contractor for Public Works to Pay or Secure Taxes - Agreement: The Contractor in consideration of securing the business of erection or construction of public work in this state, recognizing that the business in which he is engaged is of transitory character, and that in the pursuit thereof, his property used therein may be payable, agrees: 1) to pay promptly when due all taxes, (other than on real property), excises and license fees due the state, its subdivisions and municipal and quasi municipal corporations therein, accrued or accruing the term of this contract, whether or not the same will be payable at the end of such term; 2) that if said taxes, excises and license fees are not payable at the end of said term, but liability for payment thereof exists, even though the same constitutes lien upon the Contractor's property, to secure the same to the satisfaction of the respective officers charged with collection thereof; and 3) that, in the event of default in payment of securing of such taxes, excises and license fees, that Owner may withhold from any payment due the Contractor hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which said Contractor is liable. 23. Report to State Tax Commission: The City will inform the Idaho State Tax Commission of contract amount. It will be the responsibility of the Contractor to send a completed WH-5 form to the Idaho State Tax Commission, 700 W. State Street, Boise, ID 83702, and a copy to the Boise City Fire/EMS Department within 30 days of contract award. Final payment to the contractor cannot be made until the WH-5 form is cleared by the Purchasing Department representative and Idaho State Tax Commission. 24. Acceptance and Final Payment: Upon receipt of notice that the work is ready for final acceptance and inspection, the Owner s representative will make such inspection and when he finds the work acceptable and the contract fully performed he will have the Contractor issue a final payment request. 25. Non-Appropriation: Should funding become not available, due to lack of appropriation, the City may terminate this agreement upon 30 (thirty) days notice. END OF AGREEMENT

13 IN WITNESS WHEREOF, the City and the contractor/vendor have executed this Agreement as of the date first above written. City OF BOISE Knife River 5450 W. Gowen Road APPROVED BY: Boise, Idaho David H. Bieter, Mayor Date Contractor Signature Date ATTEST: Print Name Annette P. Mooney, City Clerk Date CONTRACT AMOUNT: $ 303, Tina McBride, Purchasing Agent Date APPROVED AS TO FORM AND CONTENT Department Manager Date Legal Department Date Risk Management Date

14 ACKNOWLEDGMENT State of Idaho) County of Ada) ) ss On this day of 20, before me personally appeared known to me and known by me to be the person who executed the above instrument, who, being by me first duly sworn, did depose and say that he is and that he executed the foregoing instrument on behalf of said firm for the use and purposes stated therein. Notary Public of Idaho Residing at Boise, Idaho My Commission Expires: (SEAL)

15 CONTRACTOR'S AFFIDAVIT CONCERNING TAXES STATE OF Idaho ) COUNTY OF Ada ) Pursuant to the Idaho Code, Title 63, Chapter 15, I, the above signed, being duly sworn, depose and certify that all taxes, excises and license fees due to taxing units in the State of Idaho, for which I or my property is liable then due or delinquent, have been paid, or secured to the satisfaction of the respective taxing units. Knife River {Contractor Name} 5450 W. Gowen Road (Address) Boise, Idaho (City and State) (Signature) Subscribed and sworn to before me the Day of, 200. (Notary Republic) (City and State) Commission Expires:

16 PERFORMANCE BOND BOND NO. KNOW ALL MEN BY THESE PRESENTS: That (Here insert the name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and and as Surety, hereinafter called Surety, held and firmly bond unto,, (Here insert name and address of legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of Dollars being 100% of the contract price in lawful money of the United States, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated, 20 enter into a contract contract with Owner of in accordance with drawings and specifications prepared by DEPARTMENT NAME, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor will promptly and faithfully perform said contract, then this obligation will be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notices of any alteration or extension of time made by the Owner. Whenever Contractor will be, and is declared by Owner to be in default under the Contract, the Owner's obligations hereunder, the Surety may promptly remedy the default, or will promptly: 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there would be default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient

17 funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph, will mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Performance Bond (cont) Any suit under this bond must be instituted before the expiration of 2 years from the date on which final payment under the contract falls due. No right of action will accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and Sealed this day of, A.D. 20 In the presence of: (Principal) (Seal) (Title) By:

18 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (Here insert the name and address or legal title of Contractor) as Principal, and the corporation, as Surety, are held and firmly bound unto Boise City, a Municipal Corporation in the State of Idaho. As Obligee, in the sum of Dollars, being 100% of the contract price, in lawful money of the United States, for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, Contractor has by written agreement dated, 20 enter into a contract WHEREAS, on the Day of, 20, the principal entered into a contract with the Obligee for Which contract is by reference made a part hereof and, hereafter referred to as the Contract: NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the principal will pay all laborers, mechanics, subcontractors, material suppliers and all persons who will supply said Principal or said subcontractors with provisions and supplies for the carrying on of such work, then this obligation will be null and void; otherwise to remain in full force and effect. Signed and Sealed this day of, A.D. 20 Principal

19 Insurance Company Attorney-in-Fact By: GENERAL INFORMATION The contractor is responsible for the replacement of 100 fire hydrants at various locations in the City in accordance with project plans and specifications. The Contractor shall schedule all work under this contract to be a sustained and concerted effort to complete the project within the allotted time. A project construction schedule specific to the line item tasks shall be completed by the Contractor prior to beginning work on the project. The aforementioned construction schedule must be presented to and approved by the Boise Fire/EMS department prior to construction start up. The Contractor shall be responsible for the coordination with Dig Line and Boise Fire/EMS Department staff to locate all existing utilities, irrigation laterals, heads, mainlines, and valve/controller wires. Any damage to marked utilities or damage from utilities due to lack of coordination shall be repaired at the Contractor s expense. The Contractor shall be responsible for the cost to repair any turf damage outside the construction limits. The contractor is responsible for damages to any and all facilities and appurtenances, plant material, underground utilities and other improvements and must repair and/or replace any or all items damaged in a timely and acceptable manner at no cost to the Owner. The Contractor shall be responsible for pedestrian and vehicular safety and control within and about the work sites. Special care shall be taken to ensure temporary warning signage is placed in both directions of path and/or street travel. The Contractor shall obtain all permits and bonds required by and/all pertinent agencies and shall provide all necessary warning devices, barricades, signage and ground personnel needed to give safety, protection and warning to persons and vehicular traffic within the area. It is the Contractor s responsibility to make provision and pay for water and power necessary for work under this contract and to clean-up any spills or debris or residues created by their work. Should it become necessary to shield the work from irrigation watering of the adjacent turf the Contractor will be required to do so as an incidental part of the work under this contract. The Contractor shall become familiar with the sites and their restrictions prior to bidding.

20 He should also be familiar with all aspects of these specifications, pertinent to City Codes and the plans for this work. All tax liabilities imposed by the State Tax Commission must be met and verified prior to the release of the final payment. Attention to Idaho Code, Chapter 15, Title 63. End of Section

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28 CITY OF BOISE DIVISION OF PURCHASING REQUEST FOR BIDS Boise Fire / EMS Department 2008 FIRE HYDRANT REPLACEMENT PROGRAM F/B Addenda MANUAL # 6

29 -INSTRUCTIONS AND INFORMATION TO BIDDERS- Scope of Work: The City of Boise Fire / EMS Department are in need of setting up a replacement program for over 100 fire hydrants at various locations in the City. This program must ensure that the City is getting the best price as well as a discount from the manufacturer s retail price on the fire hydrants and repair parts. Checklist Submit your bid proposal along with 1 copy for the evaluation team. Bids are to be received no later than November 28, 2007 at 3:00 pm, local time, and will be opened thereafter. Bids will be prepared on forms supplied by the City. Bid packets are available at the Division of Purchasing at City Hall, 150 N. Capitol Blvd. If you are from outside the Boise area, bid packets may be requested by calling There is a non-refundable charge of $20.00 for this bid packet. All bids must be signed using the forms provided. Bids not signed, or bids provided on alternate forms or in alternate form, will be disqualified and considered non-responsive. A Bid Security in the form of a bid bond, certified check, cashiers check or cash in the amount of 5% of the amount of the bid is required. Notice to Bidders The first eleven (11) hydrants listed are located on the Gowen Field Air and Army Base with restricted access. If you require a pre bid inspection please contact the Boise City Purchasing Division at (208) Quick Facts The envelope in which the bid is received is to show the Bidder's company name and specifically be marked with: Sealed Bid F/B , 2008 Fire Hydrant Replacement Program. Faxed copies will not be received. The bid can be hand delivered, mailed or express delivered (Fed-Ex, UPS, etc.) to the Purchasing Department at City Hall: City of Boise Division of Purchasing 150 North Capitol Boulevard Boise, Idaho Bidder must be a registered and certified United Water contractor at the time of the bid opening. The City is interested in replacing all of the fire hydrants on this list in the priority listed. All existing fire hydrants are deemed to be the property of the City of Boise and will be stored at a location to be determined at a later date. The Owner is the City of Boise. All items in the bid and Bid Schedule are to be completely filled in by the Bidder and must be included in their bid. All Bidders should review the proposed contract agreement and supplemental documents attached to this request. All the terms and conditions of the agreement are binding on the successful Bidder. 2

30 Additional sheets may be included if more room is needed for technical information, answers, and explanations. The city reserves the right to award on an each item (per location) basis and to accept the bid deemed most advantageous to the best interest of the City. The City Of Boise is Exempt from Federal and State Taxes and will Execute the required Exemption Certificates. Intent of Bid It is the intent of this bid to define the project in sufficient detail to secure comparable bids. Bids will be in accordance with all attached specifications. Bids received not conforming to these specifications will be rejected unless deviations have been described in the Bidder s bid proposal and acceptance made on that basis. Evaluation of Selected Bidder Before a contract will be awarded, the City may conduct such investigations as is necessary to evaluate the bid and to determine the performance record and ability of the top ranked Bidder to perform the size and type of work specified under the contract, and to determine the quality of the service being offered. Right to Reject Bids The City of Boise reserves the right to reject any and all bids, to waive any irregularities in the bids received, to award on an "each item" basis (however, the Bidder may indicate "all or none"), and to accept the bid deemed most advantageous to the best interest of the City. Boise City is an Equal Opportunity Employer. The Contractor receiving the bid award for this project will: a) Meet all specifications; b) Submit the lowest responsible bid price for the specified work; c) Be in good standing as described in the Boise City Code Section It is the bidder s responsibility to document any deviations from this specification. If the submitted bid differs in any way from the specifications contained within this packet, please provide details on the bid forms provided. Public Works License A State Public Works license is required prior to the bid opening for all City construction contracts for amounts over $10,000.00, unless the project is federally funded. Both Contractors and Subcontractors must have the appropriate Public Works license for the particular type of construction work involved as specified in State Code section Prime Contractors must perform at least 20% of the work under any City contract unless otherwise specified in the specifications. Taxes The City of Boise is exempt from Federal and State taxes and will execute the required exemption certificates. Request for Clarification, Protest of Bid Requirements, Standards, Specs, or Process Any Bidder who wishes to request clarifications, or protest the requirements, standards, specifications or processes outlined in this Request for Bid may submit a written notification to the Senior Purchasing Specialist, to be received no later than three (3) working days prior to the Bid opening date. The notification will state the exact nature of the clarification, protest, describing the location of the protested portion or clause in the Bid document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The Senior Purchasing Specialist may either deny the protest, require that the Bid document be modified, modify the Bid, and/or reject all or part of the protest. Changes to these specifications will be made by written addendum. No verbal clarifications will be binding on the City or Bidder. 3

31 Address all questions in writing to: Carolyn Estes, C.P.M., Purchasing Specialist Boise City Purchasing Division PO Box 500 Boise, ID, Fax: Addenda to the Bid If this Bid is modified by the City, the modifications will be sent to all Plan Holders in writing. Verbal modifications are not binding on the City or the Bidder. No oral changes will be considered or acknowledged. Bidders are requested to acknowledge each addendum received in their Bid Proposal. Bidders are required to comply with all addenda issued by the City whether received, acknowledged or not acknowledged. Bidders not complying will be disqualified. The Bidder is responsible for ensuring that all addenda have been complied with. It is recommended that the Bidder contact the Division of Purchasing regarding addendums prior to submitting their bid. Modification and Withdrawal of Bid A bid may be modified or withdrawn by the Bidder prior to the set date and time for the opening of bids. Protest of Contractor Selection or Contract Award Any actual or prospective Bidder who is aggrieved in connection with the selection of a Contractor or award of the contract or Bid may submit a protest to the Senior Purchasing Specialist. The protest will be submitted in writing within seven (7) calendar days after receiving a letter of intent from the City Purchasing Division. The protest must set forth in specific terms the alleged reason the Contractor selection or contract award is erroneous. Any protest addressed to the Mayor or City Council will be referred to the Senior Purchasing Specialist. Address written protest to: Tina McBride, Senior Purchasing Specialist Boise City Purchasing PO Box 500 Boise, ID, Fax: tmcbride@cityofboise.org Public Records/Confidential Information The City of Boise is a Public Agency. All submittals, including bids, proposals, and any other information provided by a bidder may be considered a public record and, except as noted below, will be available for inspection and copying by any person after the award of this Agreement. Any information submitted to the City is subject to release as provided for by Idaho Public Records Law, Idaho Code, Title 9, and Chapter 338 through 350. The City will take reasonable efforts to protect any information marked "confidential", to the extent allowed by Idaho Public Records Law. Confidential information should be clearly identified in a cover letter, submitted with your response. It is requested that the confidential information be placed in a separate envelop within the bid proposal to minimize accidental copying and release. Confidential Information will be returned to the Proposer upon request, after the award of the contract. It is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Proposal is subject to potential disclosure. Viewing and Copying Bid Proposals 4

32 Bids proposals will be available for viewing and copying after the Division of Purchasing issues the "Intent to Award" letter, which is sent to all bidder's. Lowest Responsive Bidder In determining the lowest responsive bid, Purchasing will consider all acceptable bids on a basis consistent with specification requirements, the price to be paid after deduction of any discount specified, the full acquisition cost required to put the equipment or product into operation, and may consider the net cost over the life of the item. If pricing for options or alternates is requested, the lowest bid will be determined by the base bid amount, plus any option or alternate selected by the City. The City reserves the right to select those options or alternates that best meet the needs of the City. The City will consider whether the vendor is a responsible bidder as described in the Boise City Code Section Disadvantaged Business Enterprises (D.B.E.) D.B.E. firms and business enterprises are encouraged to submit a bid. The City actively encourages any bids by D.B.E. firms for goods and services for the City. 5

33 BID SCHEDULE F/B ; 2008 FIRE HYDRANT REPLACEMENT PROGRAM RETURN IN SEALED ENVELOPE Name of Business: Address: Please print or type City: State: Phone No.: Fax No.: Address Zip Code: Federal Tax ID: Public Works License #: Signature: Printed Name: Title: Date: Bidders Acknowledge Receipt of the Following Addenda: Addendum Date

34 BID SCHEDULE F/B ; 2008 FIRE HYDRANT REPLACEMENT PROGRAM Return In Sealed Envelope Boise Fire Department Hydrant Replacement FY 2008 List 1 Hydrant # Location Make Year Bid 1308 Aeronca and Earhart Pacific Cessna and De Haviland Pacific Cessna and Farman Pacific Cessna and Hiller Pacific Gowen Fuel Depot Pacific Aeronca and Byrd Waterous Cessna and Arnold Waterous Byrd and Immelman Pacific Farman and Guard Waterous Byrd and Ellsworth Waterous Byrd and Guard M & H Dresser Cresent Rim Waterous LaPoint and Royal S/E Waterous Leadville and Pennsylvania Waterous Randolph Dr Waterous Theater Ln Waterous Horizon Dr Mueller th and Hill Rd Mueller Americana Terrace and KOA Pacific th and Grove Mueller Latah and Vaughn Mueller Moore and Stewart Mueller Park Blvd and Walnut Mueller Pond Mueller

35 BID SCHEDULE F/B ; 2008 FIRE HYDRANT REPLACEMENT PROGRAM Return In Sealed Envelope th and Miller M & H Dresser 1962 Boise Fire Department Hydrant Replacement FY 2008 List 1 Hydrant # Make Year Bid th and Grove M & H Dresser th and Good M & H Dresser Albion and Roosevelt M & H Dresser Amber and Bond M & H Dresser Bond and Hilton M & H Dresser S. Latah and Lemhi M & H Dresser Rose Hill and Vista M & H Dresser nd and Smith Mueller Eldorado Mueller Garfield and Grant M & H Dresser Kootenia and Roosevelt M & H Dresser Lewis and Straughn M & H Dresser Wesley Dr. Waterous Holly MH Dresser th and Pueblo Waterous th and Main Waterous nd and Bannock Waterous Albion and Cleveland Waterous Bellomy and 32nd Waterous Goddard and Vermillion MH Dresser Bethel and Pond Waterous Boise City Zoo and Julia Davis Waterous Industrial St Waterous Sierra Dr. Waterous W. Amity Rd and Market St. MH Dresser

36 BID SCHEDULE F/B ; 2008 FIRE HYDRANT REPLACEMENT PROGRAM Return In Sealed Envelope Boise Fire Department Hydrant Replacement FY 2008 List 2 Hydrant # Location Make Year Bid W. Amity MH Dresser W. Amity Rd. and Production MH Dresser W. Amity Rd. MH Dresser W. Amity Rd and Enterprise MH Dresser Boeing MH Dresser Boeing MH Dresser th and Main Waterous th and Miller Waterous Annett St. and Targee St. Waterous Apple and Ironside Dr. Waterous S. Atlantic and W. Targee St. Waterous Betsy Ross Wy and E. Boise Av. Waterous W. Boise Av and Gekeler Ln Waterous Boulder and White Cloud Dr Waterous Bristol Waterous Broadway and University N/E corner Waterous Bronco Ln Waterous Campus and Towers Dorm S/E corner Waterous Campus Ln Waterous Campus Ln. Waterous Campus Ln. Waterous Campus behind Morrison Center Waterous Boeing and Market MH Dresser W. Boeing St. MH Dresser Clark MH Dresser Kilarney Dr. and Stynbrook Dr. MH Dresser Kingswood Dr. MH Dresser

37 BID SCHEDULE F/B ; 2008 FIRE HYDRANT REPLACEMENT PROGRAM Return In Sealed Envelope Boise Fire Department Hydrant Replacement FY 2008 List 2 Hydrant # Location Make Year Bid Market St. MH Dresser Pierce St. and Hays St. MH Dresser Vermont Ave and Warren St. MH Dresser Courtney and Fairmeadow MH Dresser Gettysburg and Leadville MH Dresser Michigan and Williams MH Dresser th and Anderson Waterous th and Hill Waterous th and Irene Waterous rd and Bannock Waterous th and Idaho Waterous th and Franklin Waterous th and Washington Waterous Malibu and Catalina Waterous Cherry Ln and Hervey St. Waterous Cherry Ln and S. Owyhee Waterous Clark and Roosevelt Waterous Cleveland and Nez Perce Waterous N. Cole Rd and Cascade Dr. Waterous N. Cole and Kettering Dr. Waterous Curtis and Denton Waterous N. Curtis and Irving Waterous S. Development Waterous

38 BID SCHEDULE F/B ; 2008 FIRE HYDRANT REPLACEMENT PROGRAM Return In Sealed Envelope General Description These specifications are given as guidelines. Vendors are encouraged to bid equivalents to the specifications. It is not the intention of the specifications to restrict the competitive bidding process, nor to direct the bidder to a specific make, model, or brand, unless there is a specific requirement by the City, in which case, that will be so stated within this bid. All bidders should state in writing any exceptions to these specifications. PRICING Please Provide Price offered to the City for the following models of fire hydrants: Opt. 1 Waterous Pacer 5 1/4 main valve opening Opt. 2 Mueller Super Centurion way with the 5 1/4" main valve Opt. 3 Mueller Super Centurion way with the 5 1/4" main valve and Storz connection. Percent Discount on Parts Offered to the City Waterous Pacer parts % Mueller Super Centurion Parts % Approximate Order Lead Times? (days) Bidder's Minimum Qualifications The Bidder must meet the minimum qualifications listed for this project to be considered a Bidder. The bidder must be a United Water registered and certified contractor. Complies? The Bidder will have successfully completed at least 3 comparable projects of this type and size within the past 3 years. The Owner reserves the right to determine if the minimum qualifications have been met, in regard to these noted projects. List 3 projects completed recently involving work of similar type and complexity: Project Contract Price Name, Address, Telephone of Owner 1) 2) Project Contract Price Name, Address, Telephone of Owner 11

39 BID SCHEDULE F/B ; 2008 FIRE HYDRANT REPLACEMENT PROGRAM Return In Sealed Envelope 3) Project Contract Price Name, Address, Telephone of Owner Subcontractors As required by Idaho Codes and the following list includes the names, addresses, Idaho Public Works License number and the percentage of project in dollars for all Subcontractors. Failure to name subcontractor (if used) for plumbing, heating, air-conditioning and electrical as required by said section will render any bid submitted by a general Contractor unresponsive and void. Electrical Name Address Idaho Public Works Contractor s License No. Insurance (Yes or No) Project Percent in $ HVAC Name N/A Address Idaho Public Works Contractor s License No. Insurance (Yes or No) Project Percent in $ Plumbing Name N/A Address Idaho Public Works Contractor s License No. Insurance (Yes or No) Project Percent in $ Other Vendors Comments: 12

40 BID BOND (Return this or other executable surety) KNOW ALL MEN BY THESE PRESENTS, that we, the above signed, as Principal, and as Surety, are hereby held and firmly bound unto as Owner in the penal sum of, which is 5% of the amount bid, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, 20. The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the construction of new and other miscellaneous work as set forth in the plans and specifications for BID NUMBER. More specifically, this work includes and other related work. NOW, THEREFORE, The Bond will become null and void: (a) If said BID will be rejected. (b) If said BID will be accepted and the Principal will execute and deliver a contract in the Form of Contract attached hereby (properly completed in accordance with said BID) and will furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and will in all other respects perform the agreement created by the acceptance of said BID. OTHERWISE: The Bond will remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder will, in no event, exceed the penal amount of this obligation as herein stated. The Surety for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND will be in no way impaired or effected by an extension of time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety SEAL By IMPORTANT - Surety companies executing BONDS must be on the approved list of companies on file with the Idaho State Department of Insurance and be authorized to transact business in the state where the project is located. 13