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HomeMy Public PortalAbout2022.09.08 Granite Contract Airport Sewer Line ExtensionPage 20 of 77 McCall Airport Sewer Line Extension Project – Summer 2022 4 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT, is being made and entered into this ____ day of _________, 20___ 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 as defined by the following: 1. Bid Documents titled, MCCALL AIRPORT SEWER LINE EXTENSION SUMMER 2022 2. Standard General Conditions of the Construction Contract, 2020 ISPWC (Idaho Standards for Public Works Construction) Division 100 (not attached) (pages 1 to 72, inclusive). 3. Bid Proposal (Section 3) of the CONTRACTOR, dated July 7, 2022, to be physically attached to this Contract. 4. The Construction Plans (3 sheets). 5. Agreement (Section 4). 6. General Conditions (Section 5). 7. Supplementary Conditions (Section 6). 8. Technical Specifications (Section 7). 9. Special Provisions (Section 8). 10. Geotechnical Engineering Evaluation (Section 9). 11. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract. 12. 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. 13. Addenda issued prior to opening of bids, to be physically attached to this Contract. 14. WH-5 – Public Works Contract Report for Idaho State Tax Commission. 15. W9. This Contract may only be amended by Change Order as provided in the General Conditions. 8 September 22 DocuSign Envelope ID: 6B049655-6089-478D-AB44-0692D6DE0CB8 Page 21 of 77 McCall Airport Sewer Line Extension Project – Summer 2022 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: McCALL AIRPORT SEWER EXTENSION. ARTICLE 3 – PROJECT MANAGER and PROJECT ENGINEER 3.01 The City of McCall Airport Manager (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). 3.02 The project has been designed by T-O Engineers, Inc., and may be inspected by the Project Manager, which is to act as the OWNER’s representative, 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 , or when weather conditions permit, and only after approval of the Project Engineer or Project Manager. The Work to be performed pursuant to this Contract shall be substantially complete within five (5) calendar days after Notice to Proceed, and no later than . The project will be considered “Substantially Complete” when surface restoration, paving, and signing and striping 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 two (2) calendar days of the date of Substantial Completion Certification. 4.03 Working Hours Work can be performed five (5) days a week (Monday through Friday) for a period of twelve (12) hours (7:00 am to 7:00 PM) per day. Adjustment of the Contract Time can be made in accordance with the provisions of the Contract Documents as directed by the Project Engineer, Project Manager, or the OWNER. Requests to perform work outside of these hours should be submitted to the Project Engineer for approval at least three (3) days in advance. September 14, 2022 October 21, 2022 DocuSign Envelope ID: 6B049655-6089-478D-AB44-0692D6DE0CB8 Page 22 of 77 McCall Airport Sewer Line Extension Project – Summer 2022 Work within the Idaho Transportation Department Right-of-Way is typically only permitted Monday through Thursday between the hours of 9:00 AM and 2:00 PM with a requirement that all lanes of the roadway must be reopened and fully operational by 2:00 PM on each allowable working day. 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 11 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 $500.00 for each day that expires after the time specified in paragraph 4.01 for Substantial Completion until the Work is substantially complete and 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 $103,284.16 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 15 of the General Conditions. Applications for Payment will be processed by the Project 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 2.05.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 previously made and less such amounts as the Project Engineer may determine or OWNER may withhold, in accordance with paragraph 15.01 of the General Conditions: a. 95% of Work completed (with the balance being retainage): and DocuSign Envelope ID: 6B049655-6089-478D-AB44-0692D6DE0CB8 Page 23 of 77 McCall Airport Sewer Line Extension Project – Summer 2022 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 Project Manager or Engineer shall determine in accordance with Paragraph 15.01.C of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 15.06 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by Project Manager or Project Engineer as provided in said paragraph 15.06, less any sum Owner is entitled to set off against the Project Manager or Project 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 15 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 amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. DocuSign Envelope ID: 6B049655-6089-478D-AB44-0692D6DE0CB8 Page 24 of 77 McCall Airport Sewer Line Extension Project – Summer 2022 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, Engineer, 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. DocuSign Envelope ID: 6B049655-6089-478D-AB44-0692D6DE0CB8 DocuSign Envelope ID: 6B049655-6089-478D-AB44-0692D6DE0CB8