Full Text
CONSTRUCTION CONTRACT SR2S SIDEWALKS - 2010 THIS CONTRACT, dated this 19th day of April, 2010 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and McCall's Classic Construction (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: 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 City and the Contractor concerning the work to be performed are this Contract, pages one through four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: SR2S SIDEWALKS- 2010; 3. Bid/Proposal of the Contractor, dated March 9, 2010, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addendum No. One issued prior to opening of bids, attached; 7. Change Orders which may be delivered or issued after the effective date of this Contract. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: SR2S SIDEWALKS - 2010 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before SIXTY (60) calendar days from the issuance of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 - CONSTRUCTION CONTRACT 2o lb· ll ---PAGE BREAK--- ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of the work in accordance with the Contract Documents in current funds the amount of Ninety Thousand Ninety-One Dollars and Forty Eight Cents 90,091. 48). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City 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 City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLES. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the plans and specifications established for this project. ARTICLE7. HOLD HARMLESS /INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, 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 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. ARTICLES. 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 Engineer I Engineer and the City. ARTICLE 9. 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 City. PAGE 2 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 10. 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 Contractor will in any way serve to modify the provisions of this requirement The Contractor and his surety shall indemnify and save harmless the City 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 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions or 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 12. 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. ARTICLE 13. LIVING WAGE I MINIMUM WAGE As a condition of this Agreement, the Contractor shall pay to all laborers, mechanics, subcontractors, employees, agents, and assigns who perform for City pursuant to this Agreement, working full time, the living wage/minimum wage established by City of Moscow Resolution 2006-18. Such City living wage/minimum wage shall be that in effect on the date of execution of this Agreement. ARTICLE 14. 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: McCall's Classic Construction 945 Beachvlew Boulevard Clarkston, WA 99403 City: City of Moscow P.O. Box 9203 Moscow, ID 83843 PAGE 3 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. ACKNOWLEDGMENT State of \Nq S /!tillj'-1-o Y\ County of ,A;s on·"" . ) ) ss ) On this day of Ap 1 \ , 2010 , personally appeared Randall F. McCall and JoAnn K. McCall known to me to be the President and Secretary of McCall's Classic Construction described in the above document and acknowledged to me they executed the same. Notary Public residing at: 1-f W Lxf-cM , My commission expires: \ c;J I ̓ Date ' PAGE 4- CONSTRUCTION CONTRACT ---PAGE BREAK--- . . . TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter refe1Ted to as the 'CITY' for SR1S SIDEWALKS - 2010, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East 2nd Street, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid which rejection or acceptance is deemed to be in the best interest of the City. 7. The undersigned, as a bidder, acknowledges that Addenda Number through _ have been delivered to him and have been examined as part of the contract documents. 8. The undersigned agrees to complete all work embraced in the contract within the time limitations se1 forth in paragraph IB-13 of the Instruction to Bidders. 9. The undersigned agrees to obtain the appropriate ]daho Public Works license prior to contract aware if not already licensed. 10. The undersigned proposes to use the following sub-contractors in the performance of meeting th( contract requirements. Infonnation herein must comply with Idaho Code Section 67-2310 and IB-16 License No.'s may be given as 'pending'. Page 2 ---PAGE BREAK--- 1 I I Subcontractors Trade SQecialtv Idaho Public Works License No. $ Amount I I :I I I I I I I I I I I I I I 11. 12. Item No. 2. 3. 4. 5. 6. 7. 8. 9. The undersigned has included with the bid the foJJowing forms and information: a. Bid Proposal b. Bid Security c. Bidder's Non-Collusion Affidavit d. Bidder's Drug-Free Workplace Affidavit e. Bidder's Registration (DBE Related) The undersigned proposes to furnish labor, materials, e.quipment and services of all kinds required for SR2S SIDEWALKS - 2010 as described m the specifications, including all appurtenant work, all as required by the specifications and this proposal for prices in accordance with the completed schedule contract prices as follows: Description New Curb New Sidewalk I Existing Curb New Sidewalk !New Curb Vehicular Approach Sidewalk Concrete Driveway Asphaltic Pavement Driveway Private Walkway Asphalt Patching Landscaping BASE BID SCHEDULE Quantityit.Tnit Unit Price 30 Lineal Feet $ 2..<6 .ʼn Per L.F. 704 Lineal Feet $ 3z.b1 Per L.F. 96 Lineal Feet $ Ƿ3 PerL.F. 150 Lineal Feet $ 3q. zo Per L.F. 758 Square Feet $ ?0 Per S.F. 23 Square Yards $ 31o. coo Per S.Y. 4 7 Square Feet $ Per S.F. 60 Square Yards $ 3b.oo Per S.Y. Lump Sum Per L.S Page 3 Total Price $ 6u33. 2-S $ 6. 1(>60 DO $ e'-lo. 4o $ 1b0· 00 ---PAGE BREAK--- . • ' I (I II. 12. Cast-in Place Concrete Retaining Wall Lump Sum Traftic Control Lump Sum Mobilization Lump Sum 5% of Base Bid) TOTAL BASE BID Per L.S. $ .ǵ.c.o Per LS. s I ...-suo.oo Per LS. $ sco.c.c $ Ƕ2 2-b Pa!le 4 ---PAGE BREAK--- I I ADD ALTERj';'A TE #1 BID SCHEDULE I Item No. Description Quantity/Unit Unit Price I 1. New Sidewalk/ Existing Curb 278 Lineal Feet $ Ǵ2,.0'1 Per L.F. I 2 New Sidewalk/ New Curb 15 Lineal Feet $ sDz. *Ň I Per L.F 3. Vehicular I Approach Sidewalk 40 Lineal Feet $ ':6'1 .z.o Per L.F. 4. Concrete Driveway 220 Square Feet $ ot. UJ I Per S.F. 5. Asphaltic Pavement Driveway 18 Square Yards $ 3b.eo l Per S.Y. 6. Remove/Dispose I Concrete Sidewalk 17 Square Yards $ 00 Per S.Y. 7. Private l Walkway 9 Square Feet $ la.9_Q_ Per S.F. 8. Asphalt Patching 18 Square Yards $ 6b.QO Per S.Y. 9. Traffic Control Lump Sum Per L.S. I 10. Landscaping Lump Sum Per L.S. II. Mobilization Lump Sum Per L.S. I 5% of Alt. # 1 Bid) TOTAL ADD ALTERNATE #J BID Page 5 Total Price ň 0N·Zb $ $ $ $ $ lbb.dz 00 ';2-,D).Lf.OO blo·2.4 0 42-S.co $ $ $ $ l 0 bAB· oo _loOO. 00 £)so. oo $__£6o.oc s q?B. ---PAGE BREAK--- . ADD ALTERNATE #2 BID SCHEDULE Item Total No. Description Quantity/Unit Unit Price Price I. New Sidewalk I Ex1sting Curb 303 Lineal Feet $ lo "1 $ qlet\CJ.oi Per L.F. Vehicular Approach Sidewalk J 2 Lineal Feet $ 'Z.U $ Lj·1D . ņ0 Per L.F. 3 Gravel Driveway 1 3 Square Yards $ "f.U> $ \ lq,bO Per S.Y. 4. Asphalt Patching 7 Square Yards $ NJ.lo 00 $ 2 .oO Per S.Y. 5. Split Rail Cedar Fence 135 Lineal Feet $_1'2-.00 Per L.F. $ l b:U> .oo 6. Segmented Retaining Walis Lump Sum Per L.S. $ 4 . 000 . 7. Landscaping Lump Sum Per L.S. $ J. ooo .CO 8. Traffic Control Lump Sum Per LS. $ C1 SSJ co 9. Mobilization Lump Sum Per L.S. $ I OOQ 00 5% of Alt. #2 Bid) TOTAL ADD ALTERNATE #2 BID SEAL (ifincorporated) Dated at z- This mday of _1\/lr.\uA._ , 2010. Page 6 ---PAGE BREAK--- February 25, 2010 ADDENDUM NO. ONE City ofMoscow Project: SR2S SIDEWALKS- 2010 Cit:,· Prujt!ct No. City Proj. No. 108-008 Federal Proj. No. A011(882) Key No. 11882 The following changes, additions, clarifications, and/or deletions are hereby made a part ofMoscow's project SR2S SIDEWALKS- 2010, as fully and completely as if the same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as set forth herein, shall become an integral part of any contract entered into by and between the Owner and the Contractor. 1. IB-11. WAGE RATES. (Page 15 of the Specifications) Change the first paragraph to read as follows: "THIS IS ADA VIS-BACON wage project. The Contractor shall pay Davis Bacon wages. See Appendix II." 2. IB-13. PERFORMANCE PERIOD. (Page 16 of the specifications) Change the second paragraph to read as follows: "See General Condition GC-13, Page 25 for the assessment of liquidated damages." Receipt of ADDENDUM NO. ONE must be acknowledged. This addenda must be signed and attached to the bid to acknowledge its receipt: A.e-C.A-t-t)S ̒ t ŃńTl -ol'o...l Firn'i Name fBidder Signature o Title Date ---PAGE BREAK--- I State or_w_A ǰ) r SS County ofļĽ) BIDDER'S NON-COLLUSION AFFIDAVIT i,l\l'l6-ǯ being first duly sworn, deposes and says that he/she is (sole owner, a partner, president, secretary, etc.) of w.(.:.Łu/ł CUt\SS\C (cpSY¥-ľĿoŀ The party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solidted any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, nor to fix any overhead, profit, or cost element of such bid price, nor of that of any other bidder, nor to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true; and, further, that said bidder bas not directly or indirectly, submitted his bid price or any breakdown thereof, nor there contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said bidder in his general business. Page 7 Subscribed and sworn to before me this Date: [ S 1 .20\b Notary Public (SEAL) ---PAGE BREAK--- BiDDER'S DRUG-FREJE WORKPLACE AFFIDA VfT CONTRACTOR'S AFFIDAVIT CONCERNING ALCOHOL AND DRUG-FREE WORKPLACE STATE OF Wf\ COUNTY • The undersigned being duly sworn upon oath, deposes and says that R#J.t>ð ñ\A.C(A_{.l..£omplies (Contractor Name) with the provision of Section 72-1717 Idaho Code (Drug Free Workplace program) that ot.J[) fyiJ-(/:xt,L provides a drug-free workplace program that complies with the provisions of (Contractor Name) Idaho Code, Title 72, Chapter 17 and will maintain such program throughout the life of a state construction contract and that (LAIJ!A/ M.C(ĺ _shall subcontract work only to subcontractors (Contractor Name) meeting the requirements ofldaho Code, Section 72-17 I 7(1) Name of Contractor tjl};= ĹVi5\0 . . 6'L\.iD. c?A..-u,·Ǯ w qqd-or'd---- Address ( (Signature) By CJQ..,7 Subscribed and sworn to b/ifore me thisĻ day ofl 2010. C&G Q 00 ll'\,.)LfY\ Z Notary PubiiCfui. r _ Residing atò;&oY'I::t óô My Commission Expires • l-S . 1-;l. MPLJ!i:TED RETURNED WITH YOUR BID DOCUMENTS Page 8 ---PAGE BREAK--- Bidder's Registration 0 bisadvantaged Business Enterprise (DBE) Regulations as stated in 49 CFR 26.11 require the Idaho Transportation Department (lTD) to create and maintain a comprehensive bidders Jist. consisting of all firms who peek to work or are bidding on prime contracts and quoting/bidding subcontracts on federally-funded . · transportation projects. This includes all manufacturers and suppliers that provide materials being incorporated into the project. For every firm, we require the following information: · Firm Name Doing 8us1ness A$ (if applicable) M.vCAJ.A.,$ OVA% 1 Q-cotJ$tiZli01o,/__ Contact Name Trtle 12.ArJ W\ c.(,ǩ ?ĸ1 _ _ Firm Mailing Adorcss Cily Z.p Code 13 13vlt> . -Ķ̏ķ - - Sro't-J w̐ eft:fǪ'C'3 E-Mail Address Year Finn Was Established ǦYor W\A:i c ǧ -tb:r. '1 Compʟny Has Public Works License i ness D h BEE-. ce-=rt:u:lf lld -i J Xes 0 No 0 Yes ;8{No Please Check Range of Annual Gross Receipts: 0 $.00 - $499,999 0 $500,000 • $999,000 ǥ$1,000,000- $4,999,999 0 $15,000.000-$19,999,999 0 $40,000,000- Plus 0 $5,000.000. $9,999.999 0 $20,000,000 • $29,999,999 0$10,000.000- $14,999,999 0 $30,000,000- $39,999,999 Please Check Business Type ĵContractor 0 Consultant 0 Supplier 0 Manufacturer 0 Trucking 0 Equ1pment Lease Please Check Areas Where Company is Willing to Work 0 lTD District 1; Benewah, Bonner, Boundary, Kootenai, Shoshone :J lTD District3: Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley, Washington :J lTD District 5: Bannock. Bear lake, Bingham, Caribou, Franklin, Oneida, Power ro requires annual registration from all bidders. Please Check Business Ownership This infonnation is requested on a voluntary basis for statistical analysis. 0 Minority Male 0 Minority Female Ĵite Male 0 White Female TO 2: Clearwater, Idaho , Latah, · lewis, Nez Perce 0 lTD District 4: Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka, Twin Falls 0 lTD District 6: Bonneville, Butte, Clark, Custer, Fremont, Jefferson, lemhi, Madison, Teton you have already registered as a bidder with lTD this year, please disregard this form. If you have not Ùistered for this year, submittal of this registration is considered a condition of the pre-award requirements. For 1rther infonnation about the Bidder's List, call ITO's EEO Office at (208) 334-4442. ubmiL completed form to: Idaho Transportation Department EEO Office PO Box 7129 Boise ID 83707-1129 FAX (208) 332--4190 - - - · - Page Y I l l I ---PAGE BREAK--- . . · THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A31 0 Bid Bond KNOW ALL MEN BY THESE PRESENlS, THAT WE McCall's Classic Construction. Inc. 945 Beachview Blvd, Clarkson. WA 99403 as Principal, heĘreinaft_er ęlied the Principal, and wĚeěstĜe:!.!m.!..SĝuĞr:.:::e::.tvğCĠoġm..