Service Solicited - 2024 - Western Refinery Services, Inc. - Mace Parking Lot ConstructionAGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
This Agreement is by and between the City of Eagle, Idaho ("Owner") and Western Refinery Services. Inc.
("Contractor").
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary
Conditions.
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: MACE PARKING LOT
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:
Construction of the Mace Parking Lot located on the west side of South Eagle Road (Highway 55) near
the south bank of the north channel of the Boise River. The project includes construction of a paved
parking lot, connection to the existing City pathway, modifying the access to Highway 55, and associated
improvements.
ARTICLE 3—ENGINEER
3.01 The Owner has retained HECO Engineers ("Engineer") to act as Owner's representative, assume all duties
and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by Engineer.
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the Essence
A. 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
A. The Work will be substantially complete within 60 days after the date when the Contract Times
commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and
ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 75
days after the date when the Contract Times commence to run.4.03 Liquidated Damages.
EJCDC° C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 6
B. 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 Contract Times, as duly modified. The parties also recognize the delays, expense,
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):
1. Substantial Completion: Contractor shall pay Owner $500 far each day that expires after the
time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion,
until the Work is substantially complete.
2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse,
or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to
the Contract) for completion and readiness for final payment, Contractor shall pay Owner $250
for each day that expires after such time until the Work is completed and ready for final
payment.
C. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated
damages are Owner's sole and exclusive remedy for such delay, and Owner is precluded from
recovering any other damages, whether actual, direct, excess, or consequential, for such delay,
except for special damages (if any) specified in this Agreement.
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. Total of Unit Price Work (subject to final Unit Price adjustment)
$ Three hundred four thousand seven hundred thirty-two dollars.
(Words)
$304,732.00
(Figures)
B. 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.
EJCDC• C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 6
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor's Applications for Payment on or
about the 24th 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) or, in the event there is no Schedule of Values, as
provided elsewhere in the Contract.
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 Owner may withhold, including but not limited to liquidated damages,
in accordance with the Contract.
a. 95 percent of the value of the 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).
B. Upon Substantial Completion of the entire construction to be provided under the construction
Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor
to 95 percent of the Work completed.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract
Price in accordance with Paragraph 15.06 of the General Conditions.
6,04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion or any
other time, unless Contractor submits written consent of the surety to such payment, return, or
release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate of 4 percent per annum.
ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual.
6. Drawings (not attached but incorporated by reference) consisting of 14 sheets with each sheet
bearing the following general title: Mace Parking Lot.
E1CDCo C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 6
7. Addenda (numbers 1 to 1, inclusive).
9. Exhibits to this Agreement (enumerated as follows):
Advertisement for Bids
Instruction to Bidders
Bid Form signed by CONTRACTOR
Bid Bond
Notice of Award
Idaho Public Works Contractors License
Affidavit of Payment or Securement of All Taxes
Documents submitted by CONTRACTOR prior to execution of Agreement
Notice to Proceed
Special Provisions
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the
Contract.
ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor's Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may affect
cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4.
None
5.
Conditioner if a at o adtacont to the Site th.ot L.-...., been identified ie the Supplementar'
. None
6. 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 Technical Data identified in
the Supplementary Conditions or by definition, with respect to the effect of such information,
observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor; and (c) Contractor's safety precautions and programs,
EJCDCt C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 6
7. 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.
8. 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.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies
that Contractor has discovered in the Contract Documents, and of discrepancies between Site
conditions and the Contract Documents, and the written resolution thereof by Engineer is
acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
11. 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.
8.02 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 8.02:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything 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.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the
Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said
General Conditions, then Owner has plainly shown all modifications to the standard wording of such
published document to the Contractor, through a process such as highlighting or "track changes"
(redline/strikeout), or in the Supplementary Conditions.
EJCDC° C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5of6
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on July 10, 2024 (which is the Effective Date of the Contract).
Owner:
Title:
Attest
Title:
City of Eagle, Idaho
signed)
(typed or printed)
(typed or printed)
(i i ivid al's signature)
typed or printed)
Address for giving notices:
PO Box 1520
Eagle, ID 83616
Contractor:
Western Refinery Services, Inc.
(typed or printed name of organization)
By: /y i
(individual's signature)
Date: 7/16/2024
(date signed)
Name: Ryan Likkel
(typed or printed)
Title: President
(typed or printed)
(if )Type of Entity) is a corporation, a partnership, or a joint venture,
attach evidence of authority to sign.)
Attest:
Title:
(individual's signature)
CFO
(typed or printed)
Address for giving notices:
2380 Grandview Rd.,
Ferndale, WA 98248
Designated Representative: Designated Representative:
Name:
Title:
Address:
(typed or printed)
(typed or printed)
Name: Britt G. Honcoop
(typed or printed)
Title: Project Manager, Project Estimator
(typed or printed)
Address:
3681 North Locust Grove
Meridian, ID 83646
Phone: Phone: (360) 815-0820
Email:
(If (Type of Entity) is a corporation, attach evidence of
authority to sign. lf (Type of Entity] is a public body, attach
evidence of authority to sign and resolution or other
documents authorizing execution of this Agreement.)
Email: Britt.Honcoop@WRSWeb.com; contracts@WRSWeb.com
License No.: 061742-AA-4
(where applicable)
State: IDAHO
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright® 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 6