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HomeMy WebLinkAboutTom Van Handel Corp/Building Demo 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 Authority (Owner)and Tom Van Handel 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 of the Former Roadway Express Facility and Various Other Buildings,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 of the Former Roadway Express Facility and Various Other Buildings City of Oshkosh,and City of Oshkosh,RDA,Oshkosh,Wisconsin Base Bid $130,216 Deduct bid item B-1 for Alternate 4 <$17,500> Alternate 1 $8,500 Alternate 2 $7,892 Alternate 2A $1,650 Alternate 3 deduct <$500> Alternate 3A deduct <$1,000> Alternate 4 $52,500 Total Contract Amount $181,758 ARTICLE 3 -ENGINEER 3.01 The Project has been designed by: AECOM Technical Services,Inc. (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 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-1 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 fmal 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 December 31, 2012, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before May 1,2013. 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 preceding 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$500 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$500 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;Retain age 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 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: 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. 00520-2 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, reports of underwater observations, 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. 00520-3 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 700-0 to 700-40,inclusive). Section 00800 City of Oshkosh Supplementary Conditions(page 800-1) 6. Supplementary Conditions Section 810(pages 800-1 to 800-13,inclusive). 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 2 ,inclusive). 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid(pages 1 to 8,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 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00520-4 a. Notice to Proceed(pages to ,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). This contract consists of the following component parts,all of which are as fully a part of this contract as if herein set put verbatim,or if not attached,as if hereto attached: 1. This Instrument 2. City Approved Plans 3. Specification, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The Contract documents are complementary; what is required by one is as binding if required by all. In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part with follows it numerically except as may be otherwise specifically stated. 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. 00520-5 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 June 11,2012(which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CITY OF OSHKOSH // By: _ , �� B / ��/fr t J 7a 'o of ,'n:_er i G' 6. f� j Om l)7,4,-1 /-It3�Al[ C/� xTilt are j_'gy \: 'ame a '. 1 Brig, i-y e Title: yESlti' [CORPORATE SEAL] I •ORPO SEAAL] REDEVELOPMENT UTHORITY OF CITY OF OSHKOSH 6:1a-er--A) Attest: �'A?4u oe,` Attest: 4 Allen Davbs� Director " TIM Thomas Belter, C lair man Title:Add ress for givin notices: v giving Address for giving notices: 215 Church Ave. , PO Box 1130 18 C c L.uco Y_ Oshkosh, WI 54901 i91( -f0>.r w I SZf' /3 License No.: /sQ(of tP io.- (If Owner is a corporation,attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or (Where applicable) other documents authorizing execution of Owner-Contractor Agreement.) Agent for service or process: _ ., n ,:1 y F rov,. - h ve been made to pay the liability which W':1 (If Contractor is a corporation or a partnership,attach evidence c ecru rider this contract. of authority to sign.) IF 'ity Comptroller APPROVED , _ , NOSH,WISCONSIN 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. 00520-6