Service Solicited - 2019 - CRC Design Build Systems LLC - Greenbelt Repairs Site #3, #4, and #11 EG 18-0059A-P2AGREEMENT
THIS AGREEMENT is between City of Eagle (hereinafter called OWNER) and CRC DesignBuild Systemst
LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
1. WORK
1.1
CONTRACTOR shall complete Work as specified or indicated in the Contract Documents. The
Work is generally described as follows: City of Eagle —Greenbelt Repairs (Site #3, #4, #11), Eagle,
ID.
2. ENGINEER
2.1 HECO Engineers is hereinafter called ENGINEER and is to act as OWNER's representative, assume
duties and responsibilities, and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
3. CONTRACT TIME
3.1
3.2
Contract Times:
3.1.1 CONTRACTOR will achieve Substantial Completion of all improvements associated with
this project within 60 calendar days after the Notice to Proceeds and Work will be
completed and ready for final payment and acceptance in accordance with paragraph
15.06 of the General Conditions on or before 75 days after the Notice to Proceed.
Liquidated Damages:
3.2.1 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 Contract Times above, plus any extensions thereof allowed in
accordance with Article 11 of the General Conditions. OWNER and CONTRACTOR also
recognize the delays, expense and difficulties involved in proving in a legal or other
dispute resolution preceding the actual Toss 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 one thousand dollars 61,000.001 for each day that
expires after the time specified in paragraph 3.1.1 Contract Times above.
3.2.2 After Substantial Completion, if CONTRACTOR neglects, refuses, or fails to complete the
remaining Work within the Contract Times or any property OWNER -granted extension
thereof, CONTRACTOR shall pay OWNER one thousand dollars ($1,000.0OI for each day
that expires after the time specified in paragraph 3.1.1 Contract Times above, for
completion and readiness for final payment.
3.2.3 OWNER shall recover such liquidated damages by deducting the amount owed from the
final payment or any retainage held by OWNER.
EG 18 -0059A -P2 1/5 AGREEMENT
4. CONTRACT PRICE
41 OWNER shall pay CONTRACTOR the following estimated extended total based on the conformed
Bid, which is included as an Exhibit to this Agreement:
Four Hundred Fifty Thousand Five Hundred Dollars and
(Words)
Zero cents $ 450,500.00
(Words) (Figures)
Subject to additions and deletions as provided in the Contract Document.
5. RETAINAGE
5.1 Prior to final Completion, OWNER shall retain from progress payments five (5) percent of the value
of Work completed, OWNER shall retain five (5) percent of the value of stored materials and
equipment.
5.2 OWNER will release to CONTRACTOR all retainage for those separate portions of the Work
determined finally complete by ENGINEER and accepted by OWNER for use as intended.
5. INTEREST
6.1 Monies not paid when due as provided in Article 15 of the General Conditions shall bear interest
at the rate of Y2 percent per month.
7. CONTRACTOR'S REPRESENTATIONS
7.1 In order to induce OWNER to enter into this Agreement CONTRACTOR'S representations are as
set forth as follows:
7.1.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, general nature of work to be performed by OWNER or
others at the site that relates to Work required by the Contract Documents and local
conditions and federal, state, and local Laws and Regulations that in any manner may
affect cost, progress, performance, or furnishing of Work.
7.1.2
7.1.3
CONTRACTOR has studied carefully reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in paragraph 5.03 of the General Conditions, and accepts the
determination set forth in paragraph 5.03 of the General Conditions of the extent of the
technical data contained in such reports and drawings upon which CONTRACTOR is
entitled to rely. CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents.
CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) examinations, investigations, explorations, tests, studies, and
reports (in addition to or to supplement those referred to above) which pertain to the
conditions (subsurface or physical) at or contiguous to the site or otherwise and which
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2/5 AGREEMENT
may affect the cost, progress, performance, or furnishing of the work as CONTRACTOR
deems necessary for the performance and furnishing of the Work at the Contact Price,
within the Contract Times, and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of paragraph 5.03 of the
General Conditions; and not additional or supplementary examinations, investigations,
explorations, tests, reports, or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.1.4 CONTRACTOR has reviewed and checked information and data shown or indicated in the
Contract Documents with respect to existing Underground Facilities at or contiguous to
the site and has included costs as defined by paragraph 5.04 of the General Conditions.
7.1.5 CONTRACTOR has correlated information known to CONTRACTOR and results of such
observations, familiarizations, examinations, investigations, explorations, tests, studies,
and reports with Contract Documents.
7.1.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that it has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are
generally sufficient to indicate and convey understanding of terms and conditions for
performing and furnishing Work.
8. CONTRACT DOCUMENTS
8.1 The Contract Documents which comprised the entire Agreement between OWNER and
CONTRACTOR concerning Work are defined in paragraph 1.01 of the General Conditions.
8.2 Addenda number 1 to 1 , inclusive.
8.3 Exhibits to this Agreement include:
8.3.1 Advertisement for Bid
8.3.2 Instruction to Bidders
8.3.3 Bid Form signed by CONTRACTOR
8.3.4 Bid Bond
8.3.5 Non -Collusion Affidavit
8.3.6 Contractor's Compliance Statement (Executive Order 11246)
8.3.7 Sworn Statement of Compliance with DBE
8.3.8 Certification of Compliance with Anti -Lobbying
8.3.9 Notice of Award
8.3.10 Public Works Contract Report
8.3.11 Affidavit of Payment or Securement of Taxes
8.3.12 Executed Performance and Payment Bonds
8.3.13 Certificates of Insurance
8.3.14 Documents submitted by CONTRACTOR prior to execution of Agreement.
8.3.15 Notice to Proceed
8.3.16 General Conditions
8.3.17 Supplementary Conditions
EG 18 -0059A -P2 3/5 AGREEMENT
8.3.18 FEMA Public Assistance Program Conditions
8.3.19 Special Conditions
8.3.20 Scope of Work/Specifications
8.3.21 Bioengineering — Ecological Design Inc.
8.3.22 Permits
9. MISCELLANEOUS,
9.1 No assignment by a party hereto of any rights under 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, monies that may become due and monies 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.
9.2 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.
EG 18 -0059A -P2
4/5 AGREEMENT
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR.
OWNER:
City of Eagle
By
Date
[Corporate Seal]
1
to- t - 11
Address for giving notices:
660 E. Civic Lane / PO Box 1520
Eagle, ID 83616
CONTRACTOR:
CRC Design -Build Systems, LLC
By
Date 1,- 2-6, -- \61
[Corporate Seal]
Address for giving notices:
9348 W. Whitecrest St.
Start, ID 83669
If OWNER is a public body, attach evidence of If CONTRACTOR is a corporation, attach
authority to sign and resolution or other evidence of authority to sign.
documents authorizing execution of
Agreement. License No.: 032657 -AA -3
Agent for service of process:
END OF SECTION
EG 18 -0059A -P2 5/5 AGREEMENT
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1
1
JCDC
t.NGINEERS JOINT CONTRACT
DOCUMENTS C ON1MITTEE
NOTICE TO PROCEED
Owner: City of Eagle, Idaho Owner's Contract No.: N/A
Contractor: CRC Design -Build Systems, LLC Contractor's Project No.: N/A
Engineer: HECO Engineers Engineer's Project No.: EG 18 -0059A -P2
Project: Greenbelt Repairs (Site #3, #4, #11) Contract Name: Greenbelt Repairs (Site #3,#4,#11)
Effective Date of Contract: September 26, 2019
TO CONTRACTOR:
Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on
October 1, 2019. [see Paragraph 4.01 of the General Conditions]
On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be
done at the Site prior to such date. In accordance with the Agreement, the date of Substantial Completion is,
December 2, 2019, and the date of readiness for final payment is December 16, 2019.
Before starting any Work at the Site, Contractor must comply with the following:
[Note any access limitations, security procedures, or other restrictions]
Attend preconstruction meeting
Owner:
By:
Title:
Date Issued:
Copy:
Authorized Si nature
Mayor
Engineer
?c,
EJCDC° C-550, Notice to Proceed.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
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