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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between City of Oshkosh and City of Oshkosh Redevelopment Aurthority
(Owner) and Tom VanHandel Corp.
(Contractor).
Owner and Contractor, in consideration of the mutual covenants set forth herein, 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:
Building Demolition and Disposal of Debris for the South Shore Redevelopment Area ansd
Scattered Sites- 2010, City of Oshkosh, Oshkosh, Wisconsin
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 generally described
as follows:
Building Demolition and Disposal of Debris for the South Shore Redevelopment Area and
Various Scattered Sites- 2010
City of Oshkosh, and City of Oshkosh, RDA, Oshkosh, Wisconsin
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by:
AECOM
558 North Main Street
Oshkosh, WI 54901
(Engineer), 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.
3.02 Owner may also provide a site representative 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
completion of the Work in accordance with the Contract Documents except as described in Paragraph 3.01.
EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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ARTICLE 4 - CONTRACT TIMES
4.01 Time 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 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before for February 1, 2011, balance of site work, and completed and
ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before March 1, 2011.
4.03 Liquidated Damages
A. Contractor and Owner 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 4.02 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. 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), Contractor shall pay Owner I0 for each day that expires after the time specified in Paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner,
Contractor shall pay Owner 10 for each day that expires after the time specified in Paragraph 4.02 for completion and
readiness for final payment until the Work is completed and ready for final payment.
B. In addition to liquidated damages set forth above, Contractor shall be liable for all additional costs for Engineer's
services beyond substantial and final completion dates. Owner will deduct these costs from any monies due or that may
become due Contractor or Surety and pay Engineer for said services.
4.04 Permitting Contractor or Surety to continue and finish the Work or any part of the Work after the times specified for
completion, or after the date to which the times for completion may have been extended, shall in no way operate as a waiver
on the part of Owner of its rights under the Contract.
ARTICLE 5 - CONTRACT PRICE
5.01 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 established unit price for each separately identified item of Unit Price Work times the
estimated quantity of that item as indicated in the Unit Price Schedule as completed in the Contractor's Bid Form, attached
hereto.
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of
actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.07 of the General Conditions.
Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for
Payment on or about the 25th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and
6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A
EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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of 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 in the General Requirements:
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 may determine
or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the
General Conditions:
a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed
as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and
Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the
Work remain satisfactory to them, there will be no retainage on account for work substantially completed, in which
case the remaining progress payments prior to Substantial Completion will be in a amount equal to 100% of the work
completed less the aggregate of payments previously made; and
2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to
95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5
of the General Conditions and less 10 percent of Engineer's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions,
Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum
rate allowed by law at the place of the Project.
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 available: (1) 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 Supplementary Conditions as
provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition,
if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General
Conditions.
E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous
to the Site 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 any specific means, methods,
techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions
and programs incident thereto.
EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright ❑ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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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 by 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.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 7, inclusive).
2. Performance bond (pages 1 to 2, inclusive).
3. Payment bond (pages 1 to 2, inclusive).
4. Other bonds (pages to , inclusive).
a. (pages to , inclusive).
b. (pages to , inclusive).
c. (pages to , inclusive).
5. General Conditions (pages 1 to 40, inclusive).
6. Supplementary Conditions (pages 1 to 13, inclusive) and City Supplements dated September 2009.
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings consisting of 0 sheets with each sheet bearing the following general title:
9. Addenda (numbers to , inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (pages 1 tol, inclusive).
b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive).
c.
11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not
attached hereto:
EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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a. Notice to Proceed (page 1, inclusive).
b. Work Change Directives.
c. Change Order(s).
B. The documents listed in Paragraph 9.01.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 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the
General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract 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
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.
EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright ❑ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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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 February 8 , 2010 (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
CITY OF OSHKOSH & REDEVELOPMENT AUTHORITY Tom Va n 1 C p.
By:
, l ( `' / / By
Title: Mark A. Rohloff City Manager/ Title: Al Lanser, Operations Manager
Exeuctive Director, RDA
[CORPORATE SEAL [CORPORATE SEAL]
Attest: IAILO & Attest: ---,
Title: Pamela R. Ubrig, City Clerk Title: J. G. eintz,_Controller _
Address for giving notices: Address for giving notices:
215 Church Ave., PO Box 1130 1830 E. Edgewood Drive
Oshkosh, WI 54901 Appleton, WI 54913
License No.:
(If Owner is a corporation, attach evidence of authority to sign If Owner (Where applicable)
is a public body, attac . id e of authority to sign and resolution or
other documents auth. ing = ecution of Owner- Contractor Agreement.)
Agent for service or process: Tom Van Handel
� '/ President
Thomas Be ter, Chairman
Redevelopment . Authority (If Contractor is a corporation or a partnership, attach evidence
of authority to sign.)
Ap roved as to f•
z
,._._.L3► n Lorenso , ' y Attorney
EJCDC C -520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) •
Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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