HomeMy Public PortalAbout2021-05-21-Golf Course Repaving Contract AgreementIV. AGREEMENT BETWEEN OWNER AND
CONTRACTOR FOR CONSTRUCTION CONTRACT
THIS AGREEMENT, is being made and entered into this ____ day of _________, 2021 and
between The City of McCall (hereinafter, "OWNER") and Granite Excavation, Inc., (hereinafter,
"CONTRACTOR"):
NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and
stipulations set out, agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the OWNER or City and
the Contractor concerning the work to be performed are this Contract, pages one (1) through (70)
and the following:
1. Bid Documents titled, 2021 GOLF COURSE PARKING LOT REPAVING PROJECT
2. Standard General Conditions of the Construction Contract, 2020 ISPWC (Idaho Standards
for Public Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive).
3. Bid Proposal (Section III) of the Contractor, dated April 29, 2021, to be physically attached
to this Contract;
4. Site Plan (1 sheet);
5. General Conditions (Section V)
6. Supplementary Conditions (Section VI)
7. Technical Specifications (Section VII)
8. Performance and Payment Bonds and Insurance Certificates, to be physically attached to
this Contract;
9. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice of Award
b. Notice to Proceed.
c. Written Amendments.
d. Work Change Directives.
e. Change Orders.
f. Substantial completion certification
g. Final completion certification
10. Change Orders, which may be delivered or issued after the effective date of this
Agreement;
11. Addenda issued prior to opening of bids, to be physically attached to this contract;
12. WH-5 – Public Works Contract Report for Idaho State Tax Commission
13. W9
This Contract may only be amended by change order as provided in the General Conditions.
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13 May
ARTICLE 2. WORK
The Contractor shall complete the entire work as specified, indicated and required under the
Contract Documents. The Work is generally described as follows: 2021 GOLF COURSE
PARKING LOT REPAVING PROJECT
ARTICLE 3. PROJECT MANAGER and PROJECT ENGINEER
1.01 The City of McCall City Golf Maintenance Supervisor (Project Manager), is to act as
the OWNER’s representative and assume all duties and responsibilities, and have the
rights and authority assigned to “OWNER” in the Contract Documents in connection
with the completion of the “Work” in accordance with the Contract Documents and
the General Conditions of the Idaho Standards for Public Works Construction
(ISPWC).
1.02 The project has been designed by the McCall City Engineer and the project will be
inspected by City of McCall, assume all duties and responsibilities, and have the
rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the “Work” in accordance with the Contract Documents and
the General Conditions of the Idaho Standards for Public Works Construction
(ISPWC).
ARTICLE 4. CONTRACT TIMES/LIMITATIONS
4.01 Substantial Completion
The Contractor shall begin work in conformance with the Contract Documents and shall
complete the work prior to the date of completion. The project site will be available to the
Contractor for project implementation on or around September 13, 2021 or when weather
conditions permit, and Final Completion shall be no later than September 30, 2021, and
only after approval of the Project Engineer. The work to be performed pursuant to this
Contract shall be started upon receipt of written Notice to Proceed and shall be substantially
complete within 10 working days after date noted on Notice to Proceed.
The project will be considered “Substantially Complete” when all the paving and pavement
markings within the project limits are complete, fully functional and open for public use.
4.02 Final Completion
The work shall be finally complete and ready for final payment in accordance with
Paragraph 14.07 of the ISPWC General Conditions, within 5 working days of the date of
Substantial Completion Certification.
4.03 Working Hours
Work can be performed 4.5 days a week (Monday through Thursday) for a period of 12
hours (7:00 am to 7:00 PM) per day and Friday 4 hours (7:00 am to 12:00 PM). Adjustment
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of the contract time can be made in accordance with the provisions of the Contract
Documents as directed by the Project Engineer, Public Works Director, or the OWNER.
4.04 Liquidated Damages
A. CONTRACTOR and OWNER 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 paragraphs 4.01 and 4.02 above, plus any extensions thereof allowed in accordance with
Article 12 of the ISPWC Section 100 General Conditions. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal preceding 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 $1,200.00 for each day that
expires after the time specified in paragraph 4.01 for Substantial Completion until the Work
is substantially complete. Additionally, the CONTRACTOR shall pay OWNER $1,200.00
for each day that expires after the time specified in paragraph 4.02 for Final Completion until
the Work has been approved as complete by the Engineer.
ARTICLE 5. CONTRACT PRICE
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents the amount of One Hundred Eighty-Seven Thousand, Seven Hundred Ninety Six
Dollars and Fifty One Cents ($187,796.51) in current funds equal to the sum of the amounts
determined pursuant to the CONTRACTOR’s Bid Proposal contained in Bid Form, Article 5,
Section III.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided
in the General Conditions. Contractor shall provide an example Application for Payment
submittal to the Project Engineer at the start of the project for review and approval.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of
CONTRACTOR’s Applications for Payment on or about the 30th day of each month during
performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such
payments will be measured by the schedule of values established in paragraph 2.07.A of the
General Conditions (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General
Requirements:
1. 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
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previously made and less such amounts as ENGINEER may determine or OWNER
may withhold, in accordance with paragraph 14.02 of the General Conditions:
a. 95% of Work completed (with the balance being retainage): and
b. 95% of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 95 percent of the Work completed, less such amounts as
ENGINEER shall determine in accordance with Paragraph 14.02.B.5.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of
the General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said paragraph 14.07, less any sum Owner is
entitled to set off against Engineer’s recommendation, including but not limited to
liquidated damages.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the rate of 5% per annum.
ARTICLE 8. INDEPENDENT CONTRACTOR
The parties warrant by their signature that no employer-employee relationship is established
between the Contractor and the OWNER by the terms of this contract. It is understood by the
parties hereto that the Contractor is an independent contractor and as such neither it nor its
employees, agents, representatives or subcontractors, if any, are employees of the OWNER for
purposes of tax, retirement system, or social security (FICA) withholding.
ARTICLE 9. SCOPE OF SERVICES
The Contractor shall perform all services required by the Contract Documents. All work shall be
completed in accordance with the specifications and plans established for this project.
ARTICLE 10. HOLD HARMLESS/INDEMNIFICATION
In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall
indemnify and save harmless the Engineer and the Owner, its officers and employees, from all
suits, actions, or claims of any character brought because of any injuries or damages received or
sustained by any person, persons, or property on account of the operations of the Contractor or his
subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or
through use of unacceptable materials in constructing the work; or because of any act or omission,
neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts
recovered from any infringements of patent, trademark or copyright; or from any claims or
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amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance,
order or decree.
ARTICLE 11. CONFLICT OF INTEREST
The Contractor covenants that it presently has no interest and will not acquire any interest, direct
or indirect, in the project which would conflict in any manner or degree with the performance of
its services hereunder. The Contractor further covenants that, in performing this Contract, it will
employ no person who has any such interest. Should any conflict of interest arise during the
performance of this Contract, Contractor shall immediately disclose such conflict to the Project
Manager, Architect and the OWNER.
ARTICLE 12. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY
This Contract and the exhibits hereto contain the entire agreement between the parties, and no
statements, promises, or inducements made by either party, or agents of either party are valid or
binding unless contained herein. This contract may not be enlarged, modified or altered except
upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign
its rights (including the right to compensation) or duties arising hereunder other than as
contemplated by the Contract Documents, without the prior written consent and express
authorization of the OWNER.
ARTICLE 13. ADHERENCE TO LAW REQUIRED
All applicable local, state and federal statutes and regulations are hereby made a part of this
contract and shall be adhered to at all times. Violation of any of these statutes or regulations by
the Contractor shall be deemed material and shall subject the Contractor to termination of this
contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will
in any way serve to modify the provisions of this requirement. The Contractor and his surety shall
indemnify and save harmless the OWNER and the City of McCall and its employees, agents and
representatives against any claim or liability arising from or based on the violation of any such
laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors.
ARTICLE 14. LEGAL FEES
In the event either party incurs legal expenses to enforce the terms and conditions of this contract,
the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses,
whether the same are incurred with or without suit.
ARTICLE 15. SPECIAL WARRANTY
The Contractor warrants that nothing of monetary value has been given, promised or implied as
remuneration or inducement to enter into this Contract. The Contractor further declares that no
improper personal, political or social activities have been used or attempted in an effort to
influence the outcome of the competition, discussion, or negotiation leading to the award of this
Contract. Any such activity by the Contractor shall make this Contract null and void.
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ARTICLE 16. COMMUNICATIONS
Such communications as are required by this contract shall be satisfied by mailing or by personal
delivery to the parties at the following address:
Contractor: Granite Excavation, Inc.
23 Warm Lake Highway
Cascade, Idaho 85611
Owner: City of McCall
216 E. Park Street
McCall, Idaho 83638
IN WITNESS WHEREOF, said Contractor and the OWNER or City has caused this Contract to
be executed on the day and year first above written.
Contractor: Owner:
by: Josh Davis Robert S. Giles, Mayor
ATTEST:
BessieJo Wagner, City Clerk
Approved As To Form:
______________________________
William F. Nichols, City Attorney
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