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HomeMy WebLinkAboutMichels Foundation & Oshkosh,Riverwalk Construction STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT(STIPULATED PRICE) ADDENDUM 1 2N PARTIAL AWARD THIS AGREEMENT is by and between City of Oshkosh _ ("Owner")and Michels Foundation, Division Of Michels Corporation ("Contractors). 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: City Contract 15-24: Riverwalk Construction—Southside Oregon Avenue to Dock Yard ARTICLE 2--THE PROJECT 2.01 The Project for which the Work under the Contract Documents for City Contract 15-24: Southside Riverwalk Construction—Oregon Street to Dockside may be the whole or only a part is generally described as follows: City Contract 15-24, Southside River Walk Oregon Street to Dock Side 15S Partial Award- RES No, 15-377 Work Unit A: --Riverwalk 1 Lighting 1 Storm Sewer/Outfall/Bulk Head Wall Construction Oregon Street East to Dockside Alternate 1 1 Work Unit B—Oregon Avenue Pedestrian Crossing,Walk Curb Work, Marking and Electronic Pedestrian Signal 2`d Partial Award-RES No, 16-225 Alternate 2, 0001,Work Unit C: Bulk Head Wall,West of Oregon Street Alternate 2, C001.1, Work Unit C: Supply and Install 3 inch to 5 inch Crushed Stone for Sheet Pile Backfill ARTICLE 3—ENGINEER 3.01 The Project has been designed by AECOM (Engineer), which 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. ARTICLE 4—CONTRACT TIMES 4.01 Time of fhe 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. Standard Form of Agreement Section No.00520-1 Contract 15-24:Southside Riverwalk Construction—Oregon Street to Dockside 4.02 Dates for Substantial, Final Completion and Final Payment The work will be substantially completed on or before November 1 2016, Final Completion will be on or before January 1, 2017. Final Payment will be per project specifications. 1. Two year warranty period for the entire project to begin starting day of notice of final completion of 2`d partial award. 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above 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 per 2015 Standard Specifications for City of Oshkosh, Wisconsin Section 100.46 for each day that expires after the time specified in Paragraph 4.02 above 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 per 2015 Standard Specifications for City of Oshkosh, Wisconsin Section 100.45 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. 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 amounts determined pursuant to Paragraphs 5.01.A, below: A. Contract 15-24 1 sf Partial Award Work Item A: Bid Sum, a sum of:$1,099,770.75 Work Item Alternative B: Bid Sum,a sum of:$65,000.00 2nd Partial Award Work Item Alternative C001: Bid Sum, a sum of: $1,396.000.00 Work Item Alternative C0001.1: Bid Sum, a sum of:$17,200.00 Revised Contract Amount $2,577,970.75 Standard Form of Agreement Section No.00520-2 Contract 15-24:Southside Riveavealk Construction—Oregon Street to Dockside The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. 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. 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 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 approximately every four weeks based on the schedule provided at the Preconstruction Conference during performance of the Work as provided in Paragraph 6.02.A.1 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. 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. 95 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, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 97.5 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.13.5 of the General Conditions and less the 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 rate of I% per month. Standard Form of Agreement Section No.O0520-3 Contract 15-24:Southside Riverwalk Construction—Oregon Street to Dockside 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: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 4.06 of the Supplementary Conditions as containing reliable"technical data." E. Contractor has considered the information known to Contractor; 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 Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2)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 Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that 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 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. 1. 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 520-1 to 520-7, inclusive). 2. Performance bond (pages 610-1 to 610-3, inclusive). Standard Form of Agreement Section No.00520-4 Contract 15-24:Southside Riverwalk Construction—Oregon Street to Dockside 3. Payment bond (pages 615-1 to 615-3, inclusive). 4. Certificate of insurance(Contractor Insurance with Property Insurance Requirements 5. General Conditions(pages 700-1 to 700-63, inclusive). 6. Supplementary Conditions (pages 800-1 to 810 1 to 810-14, inclusive). 7. Drawings consisting of 44 sheets with each sheet bearing the following general title: Southside River Walk Construction Oregon Street to Dock Side City Contract 15-24 Addendum 1 and 2 8. Specifications as listed in the table of contents of the Project Manual 9. Addenda(numbers 1 to 2, inclusive). 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid Tabulation. b. Contractor's Bid Bond c. Contractor's Signature Page d. Disclosure of Ownership e. Contractor's Subcontractor List 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed b. Work Change Directives. c. Change Orders, 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. A. There are no Contract Documents other than those listed above in this Article 9. B. 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. Standard Form of Agreement Section No.00520-5 Contract 15-24:Southside Riverwalk Construction—Oregon Street to Dockside 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. 10.05 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 10.05: 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. 10.06 None Standard Form of Agreement Section No.00520-5 Contract 15-24:Southside Riverwalk Construction--Oregon Street to Dockside IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on May 20, 2096(which is the Effective Date of the Agreement). OWNER CORACTOR Signature Signf tire Mark A Rohloff Ja es Claeys Print Name Print Name City Manager General Manager —City Title r (if Contractor is a corporation,a partnership,or a joint venture,attach evidence of authority to sign.) Signature Pamela R. Ubri ; 14AA-k Print Name Att66t ignatu e City Clerk Administrative Assistant III Titl Organization Title Address for giving notices: n ture 16500 West Rogers Drive _Lynn A. Lorenson; New Berlin,WI 53151 Print Name City Attorney Title/Organization License No. 240616 Signature (Where applicable) Trena Larson NOTE TO USER:Use in those states or other Print Name jurisdictions where applicable or required Director of Finance Agent for service of process: Title/Organization Standard Form of Agreement Section No.00520-7 Contract 15-24:Southside Rivenvalk Construction—Oregon Street to Dockside