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HomeMy WebLinkAboutRXE Contract.pdf V-1 AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between The City of Rexburg, Idaho and Board of County Commissioners of Madison County, Idaho (hereinafter called OWNER) and HK Contractors, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, 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: Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project, A.I.P. Numbers 03-16-0031-11-2013, 03-16-0031-13-2014, and 03-16-0031-14-2015, State Project Numbers F148-REX, F148RXE, F168-RXE. ARTICLE 2 – THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is described as follows: Rexburg-Madison County Airport Runway Shoulder Grading and Apron Rehabilitation Project, A.I.P. Numbers 03-16-0031-11-2013, 03-16-0031-13-2014, and 03-16-0031-14-2015, State Project Numbers F148-REX, F148RXE, F168-RXE. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by GDA Engineers who is hereinafter called ENGINEER and who is 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 is of the essence so the Work will be substantially completed as stated in the Bid Proposal & Notice to Proceed and completed and ready for final payment in accordance with the Contract Documents. Liquidated Damages will be assessed for failure to complete any of the following items within the time specified: Substantial Completion by August 28, 2015 Phase 1 Substantial Completion within 14 working days from start date Phase 2 Substantial Completion within 21 working days from start date Final Completion by October 12, 2015. 4.02 Liquidated Damages. OWNER and CONTRACTOR 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 paragraph 4.01 above, plus any extensions thereof allowed in accordance with the Contract Documents. They also recognize the delays, expense and difficulties involved in proving 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 Two Thousand Eight Hundred Dollars ($2,800.00) per calendar day for each calendar day that expires after the time specified in paragraph 4.01, 4.02 and 4.03. 4.03 Project Schedule V-2 The Contractor will be required to present a complete schedule after the award of the bid, at the preconstruction conference and it shall also show full and complete adherence to the Construction Safety and Phasing Plan herein. ARTICLE 5 – CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01. 5.01 For all Awarded Work, payment shall be made as per attached CONTRACTOR’s Bid and CONTRACT for BID SCHEDULE 1, 2, & 3 for $582,845.00. As provided in the General Provisions, estimated quantities are not guaranteed and determinations of actual quantities and classification are to be made by ENGINEER as provided in the General and/or Special Provisions. Unit prices have been computed as provided in the General Provisions. ARTICLE 6 – PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with the General and/or Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the General and /or Special Provisions. 6.01 Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’s Applications for Payment as recommended by ENGINEER, on or about the * day of each month during construction as provided in paragraphs 6.01.1. and 6.01.2. below. All such payments will be measured by the schedule of values established in the CONTRACT (and in the case of Unit Price Work based on the number of units completed). See Section 10.05 D herein for more information on payments. * Payments to Contractor will be made expeditiously by the Sponsor as soon as possible after receipt of funding for each month’s Construction work. Reimbursement forms will be sent to the funding agencies by the 1st Wednesday of any given month whenever possible for the Contractor’s work during the preceding month and normal turnaround time is two to four weeks. 6.01.1 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 ENGINEER shall determine, or OWNER may withhold, in accordance with the Contract Documents. 90% of Work completed (with the balance being retainage). 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER). 6.01.2 The prime 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 prime contractor receives from the OWNER. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the OWNER. 6.01.3. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 90% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the Contract Documents. 6.02 Final Payment. Upon final completion and acceptance of the Work in accordance with the Contract Documents, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER, as provided in the Contract Documents. Payment of the final estimate under this contract, including the ten percent (10%) of partial estimates retained, as herein provided, shall not be due or payable until the Notice of the Completion and acceptance of the work V-3 under this contract shall have been given by publication and posting for the time and in the manner required by the laws of the Federal Aviation Administration, and/or the State where the work is done. ARTICLE 7 – INTEREST. Not used. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS. 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the site 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 federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Plans and Specifications (if any). CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR’s purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site (if any exist) which may affect cost, progress or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR, including the specific means, methods, techniques, sequences, and procedures of construction if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any 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 Documents. G. CONTRACTOR is aware of the general nature of work to be performed for OWNER and others at the site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. 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. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. V-4 ARTICLE 9 – CONTRACT DOCUMENTS. 9.01 Contents A. The Contract Documents consist of the following: This Agreement (pages V-1 thru V-8) Section II, Information for Bidders. (pages II-1 thru II-8) Performance and Payment Bonds. (pages 00610-1 thru 00610-3 and 00615-1 thru 00615-3) Federal Provisions (Pages FP-1 thru FP-23) General Provisions (pages GP-1 thru GP-55) Special Provisions (pages SP-1 thru SP-8) Construction Safety Phasing Plan (pages CSPP-1 thru CSPP-13) and Construction Safety Phasing Plan Drawing – 1 sheet. 1. Specifications as listed in the table of contents of the Project Manual 2. Plans consisting of sheets 1 thru 4 (General Project Drawings), 1 thru 8 (Schedule 1), 1 thru 22 (Schedule 1 Cross Section Sheets), and 1 thru 9 (Schedules 2 & 3). 3. Addenda numbers 1 to 2, inclusive. 4. Exhibits to this Agreement (as follows): 5. 1. Notice of Award 2. Notice to Proceed 3. CONTRACTOR’s Bid Proposal, for all portions listed in the Notice of Award. 4. Documentation submitted by the CONTRACTOR prior to Notice of Award (if any) 13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 5. Written Amendment; 6. Work Change Directives; 7. Change Order(s). B. The documents listed in paragraph 9.01A are included with this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed in this Article 9. D. The Contract Documents may only be amended, modified or supplemented as provided in the General and/or Special Provisions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General and/or Special Provisions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound: and, specifically but without limitation, moneys that may become due and moneys that are 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 V-5 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, 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 Other Provisions A. NONDISCRIMINATION IN AIRPORT AID PROGRAM The CONTRACTOR assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The CONTRACTOR assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The CONTRACTOR assures that it will require that its covered suborganizations provide assurances to the CONTRACTOR that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. B. PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS And further: It is the policy of Sweet Grass County that Disadvantaged Business Enterprises (DBE’s) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. C. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an V-6 authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section D. PAYMENTS TO THE CONTRACTOR Monthly payments based upon approximate estimates of the amount of the value to the Owner of expenses incurred during the preceding month, as computed by the Engineer and approved by the Owner, shall be made to the Contractor during the progress of the work, provided that ten percent (10%) of the amount of the estimated value of the work done shall be retained until the work is fully completed and accepted by the Owner and this contract in all respects fully performed by said Contractor. Partial release of retainage shall only be done in accordance with the terms of the FAA General Provisions. The making of said monthly payments by the Owner, shall not be construed as acceptance of any part of the work done or materials furnished under this contract but simply as payment on account. Within a reasonable time after the acceptance of the work according to the contract, the Owner shall certify a final estimate based upon the quantities measured by the Engineer and computed according to the unit prices hereto attached, showing the total work done or required and the amount due the Contractor therefore. After deducting therefrom all previous payments and any other amounts to be kept and retained under the provisions of this contract, or as required by law, payment in full shall be made to the Contractor; provided that before such final payment is made the Owner may require the Contractor to show to its satisfaction that all just debts due to all laborers, mechanics, material men and other persons who have supplied said Contractor, or any subcontractor working under this contract, with materials or goods of any kind for this work, including labor, materials feed and fuel bills, board and grocery bills, have been paid. All prior, partial estimates and payment shall be subject to correction in the final estimate and payment. INSERTION OF CLAUSES IN SUBCONTRACTS. The CONTRACTOR agrees to insert the foregoing subparagraphs A, B, C, and D in all subcontracts, as this is a condition of the CONTRACTOR’s and Owner’s Contract. V-7 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , (which is the Effective Date of the Agreement). OWNER: THE CITY OF REXBURG, IDAHO By: Richard Woodland, Mayor Attest: Title: Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER- CONTRACTOR Agreement.) Designated Representative: Name: Keith Davidson Title: City Engineer Address: 35 N 1st East Rexburg, Idaho 83440 Phone: 208-539-3020 ext. 2320 Facsimile: 208-716-1320 Email:_keithd@rexburg.org _ OWNER: THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, IDAHO By: Kimber Ricks, Chairman Attest: Title: Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER- CONTRACTOR Agreement.) Designated Representative: Name: Title: Address: Phone: Facsimile: Email:_______________________ V-8 CONTRACTOR: By: [CORPORATE SEAL] Attest Address for giving notices: License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Phone: Facsimile: Email: _______________________ CORPORATE ACKNOWLEDGMENT (To be filled in when Contract Agreement is executed in behalf of a Corporation) STATE OF ) ) ss County of ) On this day of , , before me appeared to me personally known, who, being by me duly sworn, did say that he is of (Title) (Company) and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public My Commission Expires: