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HomeMy Public PortalAbout2023.06.20 MYL AIP 034-2023 Const Agreement with ExhibitsThis document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyrights. All rights reserved. Page 1 of 7 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is by and between The City of McCall, Idaho (“Owner”) and Granite Excavation, Inc. (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Schedule A: Reconstruct Taxiway E ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Contract Name: Reconstruct Taxiway E McCall Municipal Airport City of McCall McCall, Idaho FAA/AIP Project No. 3-16-0023-034-2023 ARTICLE 3 – ENGINEER 3.01 The Project has been designed by T-O ENGINEERS, L.L.C. An ARDURRA COMPANY, 1998 W. Judith Lane, Boise, ID 83705-5235. 3.02 The Owner has retained T-O ENGINEERS, L.L.C. an ARDURRA COMPANY (“Engineer”) to act as 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. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days The Work will be substantially completed and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions in accordance with the following: DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E This document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyrights. All rights reserved. Page 2 of 7 Substantial Liquidated Damages Phase Completion per Calendar Day 1A 7 Calendar Days $2,000 1B 14 Calendar Days $2,000 1C 4 Calendar Days $2,000 1D 1 Calendar Days N/A The days indicated are the number of days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expenses, and difficulties involved in proving in a legal or arbitration 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 the amount(s) specified in Paragraph 4.02 for each phase for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion of each phase until each phase of the Work is complete. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. 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 Engineer as provided in the General Conditions. 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 26th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions and in the case of Unit Price Work based on the number of units completed. 1. Prior to Final 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 withhold, including but not limited to liquidated damages, in accordance with the Contract and in accordance with DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E This document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyrights. All rights reserved. Page 3 of 7 Specification Section 007002 Federal Aviation Administration General Provisions, Section 90 - Measurement and Payment. a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. The Contractor is notified and accepts by execution of the Agreement, that progress payments may not be made for up to 60 (sixty) days from the date of approval of the payment request by the Owner. 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 Engineer as provided in said Paragraph 15.06 and Specification Section 007002 Federal Aviation Administration General Provisions. 6.04 Payments to Subcontractors A. The Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the Contractor receives from the Owner. The Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the Owner. This clause applies to both Disadvantaged Business Enterprise (DBE) and non-DBE subcontractors. Failure by the Contractor to carry out these requirements shall be a material breach of the agreement. ARTICLE 7 – INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 5 percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E This document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyrights. All rights reserved. Page 4 of 7 any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 8, inclusive). 2. Performance bond. 3. Payment bond. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications as bearing the title: Reconstruct Taxiway E dated February 2023, to include, but not limited to Contract Documents, Specifications, General Conditions, and Supplementary Conditions - Owner and consisting of divisions and pages, as listed in Table of Contents, dated February 2023, thereof, copy of Table of Contents attached as Exhibit 1. 7. Drawings (not attached but incorporated by reference) bearing the title: Reconstruct Taxiway E, dated February 2023, consisting of sheets numbered 1 through 16, inclusive, as listed in Index of Drawings, copy of Index of Drawings attached as Exhibit 2. DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E This document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyrights. All rights reserved. Page 5 of 7 8. Addenda (Numbers 1). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid attached as Exhibit 3. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Contract Prevailing Wage Rates included in the Construction Documents, dated January 6, 2023. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E This document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyrights. All rights reserved. Page 6 of 7 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. The Contractor, in consideration of securing the business of constructing public works in this state, recognizing that the business in which he is engaged is of a transitory character, and that in the pursuit thereof, his property used therein may be without the state when taxes, excises, or license fees to which he is liable becomes payable, agrees: 1. To pay promptly when due all taxes, (other than on real property), excises and license fees due to the state, its subdivisions, and municipal and quasi-municipal corporations therein, accrued or accruing during the term to this Agreement, whether or not the same shall be payable at the end of such term; 2. That if the said taxes, excises, and licenses fees are not payable at the end of said term, but liability for the payment thereof exists, even though the same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and 3. That, in the event of his default in the payment or securing of such taxes, excises, and licenses fees, to consent that the department, officer, board, or taxing unit entering into this Agreement may withhold from any payment due him 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. B. Pursuant to the provisions of section 63-1504 of the Idaho Code, before final payment can be made, the Contractor shall furnish to the Owner, evidence that he has paid all taxes, excises, and license fees due to the state and its taxing units, due and payable during the term of the contract for such construction, and that he has secured all such taxes, excises, and license fees liability for the payment of which has accrued during the term of such contract, notwithstanding they may not yet be due or payable. C. Work shall not commence until Pre-Construction Conference has been held at a mutually agreed to time and place. D. The Contractor shall not commence work on the project until receipt of the Notice to Proceed. Contract time shall commence on the effective date of the Notice to Proceed. E. No work shall be authorized prior to the execution of the FAA Grant Offer and approval by the FAA of the accepted offer. DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E This document is a MODIFIED version of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyrights. All rights reserved. Page 7 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWNER: CONTRACTOR: City of McCall, Idaho Granite Excavation, Inc. By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: City of McCall Granite Excavation, Inc. 216 E. Park Street 23 Warm Lake Highway McCall, ID 83638 Cascade, ID 83611 Robert S. Giles, Mayor BessieJo Wagner, City Clerk Josh Davis, President DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E PresidentJosh Davis June 20, 2023 | 8:50 AM MDT Exhibit 1 DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E MCCALL MUNICIPAL AIRPORT MCCALL, IDAHO Reconstruct Taxiway E FAA/AIP Project No. 3-16-0023-034-2023 FEBRUARY 2023 TABLE OF CONTENTS DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS I. BIDDING INFORMATION 001116 Notice Inviting Bids 002115 Instructions to Bidders (C-200) II. BID PROPOSAL 004100 Bid Form (C-410) 004196 Contractor’s Supplemental Equipment Rate Schedule 004300 Bid Bond 004500 Additional Bid Forms 004505 Bidders List Information III. CONTRACT FORMS 005100 Notice of Award (C-510) 005200 Agreement (C-520) 005500 Notice to Proceed 006100 Construction Performance Bond (C-610) 006150 Construction Payment Bond (C-615) 006200 Application for Payment 006250 Certification of Subcontractor Payment IV. GENERAL PROVISIONS 007001 Federal Aviation Administration Contract Provisions 007002 Federal Aviation Administration General Provisions 007300 General Conditions of the Construction Contract (C-700) 007301 Supplementary Conditions 007350 Contract Prevailing Wage Rates DIVISION 01 - GENERAL REQUIREMENTS 011100 Summary of Work 011415 Airport Access Control 013119 Project Meetings 013216 Project Construction Progress Schedule 013323 Submittals, Shop Drawings and Substitutions 013513 Construction Safety and Phasing Plan 013523 Airport Project Safety Procedures 014516 C-100 Contractor Quality Control Program 015000 Temporary Facilities and Controls 015515 Access and Haul Roads 015526 Traffic Control and Regulation 015600 Dust Control 015723 C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control 017113 C-105 Mobilization 017123 Contractor Furnished Construction Surveying and Staking 017423 Clean Up 017710 C-110 Method of Estimating Percentage of Material Within Limits (PWL) DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E MCCALL MUNICIPAL AIRPORT MCCALL, IDAHO Reconstruct Taxiway E FAA/AIP Project No. 3-16-0023-034-2023 FEBRUARY 2023 TECHNICAL SPECIFICATIONS: DIVISION 03 – CONCRETE 033100 P-610 Concrete for Miscellaneous Structures DIVISION 31 – EARTHWORK 312313 P-152 Excavation, Subgrade and Embankment 312333 P-153 Controlled Low-Strength Material (CLSM) DIVISION 32 – EXTERIOR IMPROVEMENTS 320110 P-101 Preparation/Removal of Existing Pavement 321116 P-154 Subbase Course 321123 P-209 Crushed Aggregate Base Course 321213 P-603 Emulsified Asphalt Tack Coat 321216 P-401 Asphalt Mix Pavement 321723 P-620 Runway and Taxiway Marking DIVISION 33 – UTILITIES 334200 D-701 Pipe for Storm Drains and Culverts 334616 D-705 Pipe Underdrains for Airports DIVISION 34 – AIRFIELD LIGHTING 344110 L-110 Airport Underground Electrical Duct Banks and Conduits DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E Exhibit 2 DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E Exhibit 3 DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E DocuSign Envelope ID: F77E673E-F60E-4B1B-A0F5-95A4E94D250E