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HomeMy WebLinkAbout2007-05 . Ordinance 2007-OS Contract and Addendum between the Town of Pulaski and H & S Construction • Adopted: Apri13, 2007 Effective: April 3, 2007 • • ORDINANCE 2007-05 CONTRACT AND ADDENDUM BETWEEN THE TOWN OF PULASKI AND H & S CONSTRUCTION • WHEREAS, the Town Council of the Town of Pulaski has determined that it is in the best interest of the Town and its citizens and consistent with the health, safety and general welfare to further the CDBG program adopted by Town Council; and, NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia that the attached contract and addendum are adopted and hereby expressly made apart hereof as if set forth in their entirety herein labeled Exhibit A and B respectively by and between the Town of Pulaski and H & S Construction for construction services within the CDBG project area, and further that the Town Manager is authorized to execute said contract and addendum on behalf of the Town of Pulaski. This Ordinance is effective upon adoption and is hereby adopted this 3rd day of April, 2007 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Jeffrey S. Worrell -Aye Joel B. Burchett, Jr. -Aye Dan Talbert, Jr. -Aye David L. Clark -Aye Lane R. Penn -Aye Larry Clevinger, II -Aye THE TOWN OF PULASKI, VIRGINIA Charles L. ade, Mayor Attest: C...~ Patricia Cruise, Clerk of Council • • • ADDENDUM TO EJDC SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) FUNDING AGENCY EDITION This Addendum to the above styled contract dated the 26th day of March, 2007 by and between the Town of Pulaski, Virginia and H&S Construction Company. shall be considered to be an integral part of said contract as if it had been prepared as one document. I. CONSIDERATION. Consideration for this Addendum shall be the contract price and other good and valuable consideration acknowledged by the parties to have been received and it is further mutually agreed between the parties that the adoption of the following Mediation and Arbitration provision involves each party giving up legal rights and obligations that they possess and that each party otherwise would not have to give up. II. MEDIATION AND ARBITRATION. Mediation shall be entered into by the parties in an attempt to settle any disputes under this agreement. If mediation is unsuccessful, then the parties agree to binding arbitration to be held in Pulaski, Virginia. The costs of such arbitration shall be borne by the non prevailing party. If an arbitrator and/or mediator cannot be agreed upon by the parties, then the parties agree that the Circuit Court of the County of Pulaski shall select the arbitrator and/or mediator. III. INTERPRETATION. This agreement shall be interpreted in accordance with the laws of the State of Virginia. This Addendum is executed by and between the Town of Pulaski, Virginia and H&S Construction Company this ~lv day of March, 2007. OWNER: Town of Pulaski, Virginia By: Title: /o~ ~~°"'~/~'~ Attest: ~~~~ ~ _ Title: ~ Ir/.u ~N61~'E,~ CONTRACTOR: H&S Cons do om any By: Title: Attest: i~~~~ Title: ~ c •--~-~~N,, Pulaski Downtown Revitalization Project -Rebid (JN 23393.40) • 12/20/06 DOCUMENT 00505 -AGREEMENT, RD FORM This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) FUNDING AGENCI~ EDITION Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By A C E C National Society of ~~~~ gmerican Society Professional Engineers of Civil Engineers ANF.AICAN C.OWCIL OT EVGI?iEEAING ~.O»PATitES Professional Engineers in Private Practice PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the • NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute ~a 1 ~ s~~~ Bye Hunt Errv'uonmerrt This document has been accepted by United States Department of Agriculture Rural Utilities Service, Water and Waste Programs • EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for Construction ContraM (Stipulated Price) Copyright ©2002 tVational Society of Professional Engineers for EJCDC. All rights reserved. Agreement, RD Form Page 00505-1 Pulaski Downtown Revitalization Project -Rebid (JN 23393.40) • • 12!20!06 This Suggested Form of Agreement has been prepared for use with the Standard Genera] Conditions of the Construction Contract, Funding Agency Edition (C-710, 2002 Edition). Their provisions are interrelated, and a change in one may necessitate a change in ~ the other. The language contained in the Suggested Instructions to Bidders (C-200, 2002 Edition) is also carefully interrelated with the language of this Agreement. Their usage is discussed in the Commentary on EJCDC Construction Documents. See also Guide to the Preparation of Supplementary Conditions (C-800, 2002 Edition). Copyright ©2002, All Rights Reserved. National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2715 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 r~ L EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for ConstruMion ContraM (Stipulated Price) Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. u:123123393123393eng1consWCtion100505 hsagreement .doc Agreement, RD Form Page 00505-i Pulaski Downtown Revitalization Project -Rebid (JN 23393.40) 12/20/06 EJCDC SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR • CONSTRUCTION CONTRACT (STIPULATED PRICE) FUNDING AGENCY EDITION THIS AGREEMENT is dated as of the v~ ~o~ day of ~)G~C'~ , 2007 by and between the Town of Pulaski, Virginia (hereinafter called OWNER) and H&S Construction Company (hereinafter called the 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 per the contract award: Division II - Streetscape Improvements along Peak Creek designed by Hill Studio, PC consisting of demolition of existing site features, paving and surfacing, site lighting, various landscape plantings, 600 linear feet of 6 inch bituminous curb, 240 linear feet of 6 inch concrete curb, miscellaneous concrete pads and walk, 800 SY of bituminous overlay and infill, 815 square feet of dry laid brick pavers, mortar set stone walls, and associated work. 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: Pulaski Downtown Revitalization Project -Division II ARTICLE 3 -ENGINEER 3.O1 The Project has been designed by Hill Studio as a subconsultant to Anderson & Associates, Inc.(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. 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 Days to Achieve Substantial Completion and Final Payment A. 'The Work for each Division will be substantially completed within 180 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for fmal payment in accordance with Paragraph 14.07 of the General Conditions within 210 days after the date when the Contract Times commence to run. 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. EJCDC C-521 Suggested Form of Agreement Between Owner and ContraMor for Construction Contract (Stipulated Price) Copyright ©21102 National Society of Professional Engineers for EJCDC. All rights reserved. u:\23123393t23393en lconshuctiont00505 hsagreement .doc Agreement, RD Form Page 00505-2 Pulaski Downtown Revitalization Project -Rebid (JN 23393.40) 12/20/06 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 two hundred dollars $200 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 one hundred dollars $100 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. 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 S.O1.A. All specific cash allowances are included in the prices and have been computed in accordance with Paragraph 11.02 of the General Conditions. 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 9.08 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. A. For all Unit Price Work, an amount 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 this Paragraph S,OI .A, based on the Contractor's Unit Price Bid Form as submitted on January 30, 2007, which total equals $231,876.00. 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 20th 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: 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}; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage}. 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. 6.03 Final Payment A. Upon receipt of the final Application for Payment accompanied by ENGINEER'S recommendation of payment in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay Contractor as provided in Paragraph 14.07 of the General Conditions the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07, less any sum OWNER is entitled to set off against ENGINEER's recommendation, including but not limited to liquidated damages. EJCDC C-521 Suggested Form of Agreement Between Owner and Contractor for ConstruMion Contract (Stipulate+i Price) Copyright ©20112 National Society of Professional Engineers for EJCDC. All rights reserved. u:123~2 339 312 3 3 9 3engkonstrudion~00505 hsagreement .doc Agreement, RD Form Page