Service Solicited - 2002 - Wright Brothers, The Building Company - Contract for ConstructionRECEIVED & FILED
CITY OF EAGLE
JUL 0 2 2002
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CONTRACT FOR CONSTRUCTION
BETWEEN CITY OF EAGLE, IDAHO
AND
WRIGHT BROTHERS, THE BUILDING COMPANY
CHAPTER 1
BUILDER'S AGREEMENT
Dated: June 28, 2002
TABLE OF CONTENTS
RECITALS 2
ARTICLE 1 THE CONTRACT DOCUMENTS 3
ARTICLE 2 NOTICES 4
ARTICLE 3 COMPENSATION OF GENERAL CONTRACTOR 4
ARTICLE 4 GENERAL CONTRACTOR'S SCOPE OF WORK 5
ARTICLE 5 SPECIFIC INSURANCE REQUIREMENTS 5
ARTICLE 6 PERSONNEL, SUBCONTRACTOR, SUPPLIER, AND
CONSULTANT CHARTS 6
ARTICLE 7 CONSTRUCTION SCHEDULE AND SPECIFIC BOND REQUIREMENTS 6
ARTICLE.8 AMENDMENTS TO CHAPTER 2 7
APPENDIX A GENERAL CONTRACTOR'S COMPENSATION SCHEDULE 8
APPENDIX B GENERAL CONTRACTOR'S PERSONNEL CHART 9
APPENDIX C GENERAL CONTRACTOR'S SUBCONTRACTORS AND
SUPPLIERS CHART 10
APPENDIX D OWNER'S CONSULTANTS CHART 11
Contract For Construction • Chapter 1 Builder's Agreement
CONTRACT FOR CONSTRUCTION
CHAPTER 1
BUILDER'S AGREEMENT
This Contract For Construction, is entered into between:
"OWNER"
And
"GENERAL CONTRACTOR"
City of Eagle
310 East State Street
P.O. Box 1520
Eagle, ID 83616
Wright Brothers, The Building Company
825 East State Street
P.O. Box 637
Eagle, Idaho 83616
This Contract For Construction is executed under seal, and shall be effective on the date signed
by the last party to do so.
ADDRESSES and AUTHORIZED REPRESENTATIVES: The authorized representatives and
addresses of the Owner, the General Contractor and the Professional(s) are:
OWNER:
Representative:
Address:
City, State, Zip:
Telephone:
E-mail:
GENERAL CONTRACTOR:
Representative:
Address:
City, State, Zip:
Telephone:
E-mail:
Sharon K. Moore, City Clerk
310 East State Street
P.O. Box 1520
Eagle, Idaho 83616
208/939-6813 FAX: 208/939-6827
smoore@rmci.net
Tom Golis and Ty Spring, Wright Brothers, The Building Company
825 East State Street
P.O. Box 637
Eagle, Idaho 83616
208/939-0377 FAX: 208/939-0397
taolis(wbtbc.com or tsprindawbtbc.com
General Contractor's License #: 12026 -AAA -1-3 FEIN / SSN #: 82-0404319
Contract For Construction • Chapter 1 Builder's Agreement
1
PROFESSIONAL:
Representative: Don Belts and Bruce Taylor, Jensen -Belts Associates, PLLC
Address: 495 Main Street
City, State, Zip: Boise, ID 83702
Telephone: 208/343-7175 FAX: 208/343-7178
E-mail: don@jensenbelts.com and bruce@jensenbelts.com
The Professional is designated as the Owner's representative pursuant to Paragraph 11.1 of
Chapter 2.
OWNER'S PROJECT IDENTIFICATION INFORMATION:
Project Title: Reid W. Merrill Sr. Community Park - Site Improvements
Project Location: Eagle, Idaho
Address: 310 East State Street
P.O. Box 1520
City, State, Zip: Eagle, Idaho 83616
General Project Description:
Work includes the construction of a new Community Park including: demolition,
restrooms, picnic shelter, earthwork, concrete paving, parking lot, asphalt paths, aquatic
playground, play area, metal fabrication, site furniture, sprinkler irrigation, and planting.
TIME FOR PERFORMANCE:
A. Commencement of Construction:
The General Contractor shall commence construction of its scope of the Work within ten
(10) days after submission of the performance and payment bonds (the
"Commencement Date").
B. Substantial Completion:
The General Contractor shall accomplish Substantial Completion of its scope of the
Work within one hundred twenty (120) days after commencement of construction as
described in paragraph A alone (the "required date of Substantial Completion").
C. Final Completion :
The General contractor shall accomplish Final Completion of its scope of the Work within
thirty (30) days of substantial completion as defined in this agreement (the "required date
of Final Completion").
RECITALS
A. The Owner intends to construct the Project and is engaging the General Contractor to
Contract For Construction • Chapter 1 Builder's Agreement
2
perform certain labor, supervision and services and provide certain equipment, goods
and materials for the Project.
B. The Owner and General Contractor each acknowledges that it will act in good faith in
carrying out its duties and obligations.
C. The Owner's engagement of the General Contractor is based upon the General
Contractor's representations to the Owner that it (i) is experienced in the type of labor
and services the Owner is engaging the General Contractor to perform; (ii) is authorized
and licensed to perform the type of labor and services for which it is being engaged in
the State and locality in which the Project is located; (iii) is qualified, willing and able to
perform labor and services for the Project; and, (iv) has the expertise and ability to
provide labor and services which will meet the Owner's objectives and requirements, and
which will comply with the requirements of all governmental, public and quasi -public
authorities and agencies having or asserting jurisdiction over the Project.
D. The Owner and General Contractor each acknowledges that it has reviewed and
familiarized itself with this Contract For Construction, including the documents
enumerated in ARTICLE 1, and agrees to be bound by the terms and conditions
contained therein.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
ARTICLE 1
THE CONTRACT DOCUMENTS
1.1 The "Contract For Construction" between the parties is comprised of the following
documents:
this "Chapter 1 - Builder's Agreement", including the foregoing recitals A. through
D., and all attached documents and appendices;
"Chapter 2 - Builder's Required Services And General Terms and Conditions"
and all attached documents and appendices, incorporated herein by reference;
Bid proposal submitted by General Contractor, if any, and bid proposal
modifications, if any;
The Construction Documents, now existing or issued hereafter;
Any amendments including but not limited to and Work Change Directives executed
by the Owner and the General Contractor hereafter; and,
Any additional documents listed hereafter, if any:
1.2 Documents not included or expressly contemplated in this Article 1 do not, and shall not,
form any part of this Contract For Construction.
Contract For Construction • Chapter 1 Builder's Agreement
3
1.3.1 The Owner shall furnish the General Contractor with ten (10) copies of the Construction
Documents required for the General Contractor's scope of the Work.
ARTICLE 2
NOTICES
2.1 Unless otherwise provided, all notices shall be in writing and considered duly given if
original is (i) hand delivered; (ii) delivered by telex, facsimile, or telecopy; or (iii) sent by
U.S. Mail, postage prepaid. All notices shall be given to the addresses set forth above.
Notices hand delivered or delivered by telex, facsimile, or telecopy shall be deemed
given the next business day following the date of delivery. Notices given by U.S. Mail
shall be deemed given as of the second business day following the date of posting.
ARTICLE 3
COMPENSATION OF GENERAL CONTRACTOR
3.1 The Owner shall pay and the General Contractor shall accept, as full and
complete payment for the General Contractor's timely and complete performance
of its obligations hereunder the fixed price of: One million one hundred forty
three thousand nine hundred thirty one dollars ($1,143.931.00). The amount set
forth above is the Construction Contract Price and includes the aggregate
amount of all allowances and any unit price items to be furnished �r installed.
3.2 Within seven (7) calendar days after execution of this Contract For Construction, the
General Contractor shall prepare and present to the Owner and the designated
Professional, as Appendix A, the General Contractor's Compensation Schedule which
includes:
Time Schedule for payment of the Construction Contract Price on a lump sum basis.
3.3 Within fifteen (15) calendar days after receipt by the Owner of the General Contractor's
invoice, properly prepared pursuant to Article 15 of Chapter 2, the Owner shall pay to the
General Contractor ninetv-five percent (95%) of the total amount approved by a
Professional, withholding the balance as retainage, unless there is a dispute about the
amount of compensation due the General Contractor. The date on which payment is due
shall be referred to as the "Payment Date".
3.4 For change orders directed by a Professional to be performed by the General Contractor
on a time and materials basis pursuant to Paragraph 9.4.1 of Chapter 2, the General
Contractor shall be reimbursed the actual incurred cost and expense plus a maximum
markup of ten percent (10%) for the change order Work performed by its forces.
3.5 When additional Work by the General Contractor's subcontractors and suppliers is
required and approved pursuant to Paragraph 9.4.3 of Chapter 2, the General
Contractor shall be reimbursed the actual incurred costs and expenses paid to those
Contract For Construction • Chapter 1 Builder's Agreement
4
subcontractors and suppliers, plus a markup of not more than ten percent (10%).
3.6 If the General Contractor disputes a change order decision pursuant to Paragraph 9.6 of
Chapter 2, it must give the Owner its written notice of dispute, including the reasons
therefore, within ten (10) calendar days of the disputed decision.
3.7 If liquidated damages are assessed pursuant to Paragraph 17.2 of Chapter 2, such
damages shall be calculated at the rate of seven hundred and fifty ($750.00) Dollars per
calendar day.
ARTICLE 4
GENERAL CONTRACTOR'S SCOPE OF WORK
4.1 The General Contractor shall furnish or cause to be furnished, and pay for out of the
Construction Contract Price, all management, supervision, financing, goods, products,
materials, equipment, systems, labor, services, permits, licenses, construction
machinery, water, heat, utilities, transportation and other facilities necessary for proper
execution and completion of its scope of the Work in accordance with all of the terms
and conditions of this Contract For Construction. The general nature of the scope of
Work the General Contractor is to complete is briefly described as follows:
The Contractor is responsible for the entire project.
ARTICLE 5
SPECIFIC INSURANCE REQUIREMENTS
5.1 The General Contractor shall purchase and maintain, at its expense, from a company or
companies authorized to do business in the state in which the Project is located,
insurance policies containing the following selected types of coverages and minimum
limits of liability protecting from claims which may arise out of or result from the
performance or non-performance of services under this Contract For Construction by the
General Contractor or by anyone directly or indirectly employed by it, or by anyone for
whose acts it may be liable:
(i) Workers' Compensation, Disability Benefit, or similar employee benefit act
coverage, and employer's liability coverage, as required by the state in which the
Project is located.
(ii) General Liability which (i) includes premises/operations, product/completed
operations, contractual liability, independent contractors, broad -form property
damage, underground, explosion and collapse hazard, and personal / advertising
injury; and, (ii) names the Owner and the Owner's Related Parties as additional
insureds, with per -occurrence limits of not less than
one million ($1,000,000) Dollars.
(iii) Comprehensive Automobile Liability which includes contractual liability coverage
and coverage for all owned, hired and non -owned vehicles with limits of not Tess
than
one million ($1,000,000) Dollars.
per accident for bodily injury and property damage, or
Contract For Construction • Chapter 1 Builder's Agreement
5
one million ($1,000,000) Dollars.
combined single limit.
(iv) Builder's Risk Insurance which (i) includes without duplication, but is not limited
to, fire (with extended coverage), theft, vandalism, malicious mischief, collapse,
earthquake, flood, windstorm, falsework, testing and startup, temporary buildings
and debris removal; and, (ii) names the Owner and the Owner's Related Parties,
with coverage for one hundred (100%) percent of the insurable value of the
General Contractor's scope of the Work, and a per -claim deductible of
one million ($1,000,000) Dollars.
ARTICLE 6
PERSONNEL, SUBCONTRACTOR, SUPPLIER
AND CONSULTANT CHARTS
6.1 The General Contractor shall prepare and attach as Appendix B to this Agreement the
General Contractor's Personnel Chart which lists by name, job category and
responsibility the General Contractor's primary employees who will work on the Project.
The General Contractor shall promptly inform the Owner in writing of any proposed
replacements, the reasons therefor, and the name(s) and qualification(s) of proposed
replacement(s). The Owner shall have the right to reject any proposed replacement.
6.2 The General Contractor (i) shall prepare and attach as Appendix C to this Agreement the
General Contractor's Subcontractors And Suppliers Chart which lists by name and
general Project responsibility each subcontractor and supplier who will be utilized by the
General Contractor to provide goods or services with respect to the Project; (ii) shall not
enter into any agreement with any subcontractor or supplier to which the Owner raises a
reasonable, timely objection; and, (iii) shall promptly inform the Owner in writing of any
proposed replacements, the reasons therefor, and the name(s) and qualification(s) of
proposed replacement(s). The Owner shall have the right to reject any proposed
replacement.
6.3 The Owner shall prepare and attach as Appendix D to this Agreement the Owner's
Consultants Chart which lists by name and general duties each consultant retained by
the Owner to provide services with respect to the Project. The Owner reserves the right
to engage any other consultants which it may deem necessary or desirable.
ARTICLE 7
CONSTRUCTION SCHEDULE AND
SPECIFIC BOND REQUIREMENTS
7.1 The General Contractor shall, not less than ten (10) calendar days after execution of this
Contract For Construction, prepare and submit a proposed Construction Schedule to the
Owner and the designated Professional for their review and acceptance pursuant to
Paragraph 16.1 of Chapter 2.
7.2 Surety Bond Requirements:
7.2.1 The General Contractor shall be required to provide payment and performance
Contract For Construction • Chapter 1 Builder's Agreement
6
bonds. The amount of the premiums for such bonds shall be included in the
Construction Contract Price.
7.2.2 The General Contractor shall not be required to provide a maintenance
bond.
ARTICLE 8
AMENDMENTS TO CHAPTER 2
8.1 The following additions to, deletions from and/or modifications to the specifically
referenced articles and paragraphs of Chapter 2 shall take precedence over the
provisions of those referenced articles and paragraphs as follows:
None
THE PAR IES AGREE TO THE TERMS AS SET FORTH HEREIN:
("Owner") ("General Contractor")
liar.
By: % c 1L 'YYI —
Sharon K. Moore
Its: City Clerk
Date: 7—„2-0„2..
Attest:
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Robert Wright th"
Its: President
Date: Io'�-1/d-
[Insert Corporate Seal If Required]
Contract For Construction • Chapter 1 Builder's Agreement
7
APPENDIX A
GENERAL CONTRACTOR'S COMPENSATION SCHEDULE
A. SCHEDULE OF VALUES FOR PAYMENT OF THE CONSTRUCTION CONTRACT
PRICE ON A LUMP SUM BASIS
To be delivered seven (7) days after execution of contract.
B. TIME SCHEDULE FOR PAYMENT OF THE CONSTRUCTION CONTRACT PRICE ON
A LUMP SUM BASIS
To be delivered seven (7) days after execution of contract.
C. UNIT PRICES AND ESTIMATED NUMBER OF UNITS FOR COMPENSATION FOR
SERVICES RENDERED AND GOODS SUPPLIED ON A UNIT -PRICE BASIS
Tree Demolition: $250 each
Lawn Sod: $0.30 per Square Foot
D. RATES FOR COMPENSATION FOR SERVICES RENDERED ON A TIME AND
MATERIAL BASIS
Not Applicable
E. COMPENSATION FOR GOODS FURNISHED ON A TIME AND MATERIALS BASIS
Not Applicable
E. ALLOWANCES
Not Applicable
Contract For Construction • Chapter 1 Builder's Agreement
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APPENDIX B
GENERAL CONTRACTOR'S PERSONNEL CHART
Project Manager:
Phone:
Project Superintendent:
Phone:
Cel:
Tom Golis
939-0377
Ty Spring
939-0377
869-9244
Contract For Construction • Chapter 1 Builder's Agreement
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APPENDIX C
GENERAL CONTRACTOR'S
SUBCONTRACTORS AND SUPPLIERS CHART
S itework:
Landscaping:
Concrete:
Playground Equip. and
Misc. Accessories:
Fencing:
Reinforcing Steel:
Concrete Material:
Metals:
Framing:
Framing Materials:
Insulation:
Roofing:
Doors and hardware:
Glass:
Warner Construction, Inc.
Franz Witte Landscape Contracting, Inc.
Wright Brothers, The Building Company
Wasau Tile
Recreation Idaho
Great Western Park and Playground
Cascade Fence
ABCO Inc.
Idaho Concrete Company
KB Welding
Wright Brothers, The Building Company
BMC West
Franklin Building Supply
Lloyds Lumber
Evans Building Center
MDM Insulation
Tolley Hughes
Hardware Sales and Service
Custom Glass
Toilet & Bath Accessories: SBI Contracting
Painting: Colorcraft
Water Play Equipment: Recreation Idaho
Plumbing: Tech Plumbing
HVAC: Hobson Fabricating
Electrical: Power Electric
Contract For Construction • Chapter 1 Builder's Agreement
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APPENDIX D
OWNER'S CONSULTANTS CHART
LANDSCAPE ARCHITECT
JENSEN-BELTS ASSOCIATES
495 MAIN STREET
BOISE, IDAHO 83702
(208) 343-7175
CONTACT: DON BELTS/BRUCE TAYLOR
ARCHITECT
ZGA ARCHITECTS
565 WEST MYRTLE
BOISE, IDAHO 83702
(208) 345-8872
CIVIL ENGINEER
J.J. HOWARD
1675 HILL ROAD
BOISE, IDAHO 83703
(208) 344-0574
MECHANICAL ENGINEER
MUSGROVE ENGINEERING
410 S. ORCHARD, SUITE 184
BOISE, IDAHO 83705
(208) 384-4585
ELECTRICAL ENGINEER
SYNERGY ENGINEERING
410 S. ORCHARD, SUITE 132
BOISE, IDAHO 83705
(208) 336-9617
Contract For Construction • Chapter 1 Builder's Agreement
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