HomeMy WebLinkAboutFishers Island Ferry District EJCDC
SUGGESTED FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT (STIPULATED PRICE)
/HISAGREEMENTisbyandbetweenFishers Island Ferry District
(Owner) and Mattern Construction Inc.
APR 1 2 2013
(Contractor).
Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:
ARTICLE I - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Ramp Restoration
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:
Rump Restoration
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by GNCB Consulting Engineers, P.C., 130 Elm Street, P.O. Box 802, Old Saybrook,
CT 06475, who is to act asOwner's representattve,' assume all dunes' and responsibthttes, .... and have the rights end authority
assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.
ARTICLE 4 - CONTP,_ACT TIMES
4.01 Time of the Essence
A. Ali time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated
in the Contract Documents am 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 April.l~, 2013, and completed and ready for final payment in
accordance with Paragraph 14.07 of the General Conditions on or before A~/1-3~, 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 recogmZe 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 ofrequMng any such proof, Owner and Contractor agree that as liquidated damages for delay (but
F. JCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Profe~ional Engineers for EJCDC. AH rights reserved.
00520-- 1 -
' not as ~ penalty), Contractor shall pay Owner $1000.00 for each day that expires after the time specified in Paragraph 4.02 for
Substantial Completion un~ the Work is substantially complete. A.fter Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaiaing Work within the Contract Time or any proper extension thereof granted by Owner,
Contractor shall pay Owner $2000.00 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 fmal payment.
ARTICLE 5 - CONTRACT PRICE
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5.01 Owner shall pay Contractor for completion of the Work in accordance w~th the Contract Documents an amount in
current funds equal to the sum of the mounts determined pursuant to Paragraphs 5.0I.A, 5.01.B, and 5.01.C below:
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A. For all Work other than Unit Price Work, a Lump Sum of: Seven Hundred Twenty Three
Thousand Four Hundred Ninety Five Dollars and Zero Cents
(words)
$ 723,495.00
(numerals)
All specific cash allowances are included in the above price and have been computed in accordance with paragraph
11.02 of the General Conditions.
B. 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 paragmph 5.01.B:
As provided in Paragraph l 1.03 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.
UNIT PRICE WOILK
Estimated
Item Description Unit Quantity Unit Price
No~
Estimated
Aitl
Alt2
Ah3
Alt4
Alt6
Alt7
Add Alt5
Dolphin Replacement Pile Each 1
Pull and Redrive Wood Pile Each 1
Use of Dive Team Day 1
Galvanized Steel Ladder Each 1
Removal of Boulders ( 1/2 CY +) Ton 10
Undercut CY 5
New PVC Elect. Conduit
TOTAL OF ALL ESTIMATED PRICES Thirty Five Thousand Nine
Hundred -~)-Twent y Five
Dollars and Zero Cents
ARTICLE 6 - PAYMENT PROCEDLrp,.ES
6.01 Submittal and Processing of Payments
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$15,000.00
$ 5,000.oo I
$ 3,000.0o
$ 4,300.00
$ 5,000.oo
$ 500.oo I
$ 3,125.00
$ 35,925.00
(numerals) I
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 last day of each month during performance of the Work as provided ia 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, ia the event there
is no schedule of values, as provided in the General Requirements:
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EJCDC C-520 Sugg~sted Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 6 2002 National Society of Professional Engineers for EJCDC. All right~ reserved.
00520- 2 - ·
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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 o£ payments previously made and less such amount~ 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 additional retainage; 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 100 percent of Engineer's estimate of the value of Work to be completed or COiTected 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 f'mal 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 6
percent per annum.
ARTICLE 8 -CONTRA. CTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:
A. Contractor has exam/ned 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 ail federal, state, and local Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. Contractor has conducted (or assumes responsibility for doing so) examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface and subsurface) 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.
E. 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.
F. 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.
G. Contractor has correlated the information known to Contractor, irdormation and observations obtained from v/sits 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.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Comlruction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional En~neers for El'CDC. All righ~ reserved.
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H. Contractor has given Engineer whtten notice of all cordlicts, errors, ambiguities, or discrepancies that Contractor has
discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Con~'actor.
l. The Contract Documents are generally sufficient to indicate and convey understanding of ali terms and conditions for
performance and furaishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-6, inclusive).
2. Performance bond (pages 00610-0 to 00610-1, inclusive).
3. Payment bond (pages 00615-0 to 00615-1, inclusive).
4. General Conditions (pages 00700-1 to 00700-62, inclusive).
5. Supplementary Conditions (pages SC1 to SC3, inclusive) and NYS DOL Wage Rates and applicable
Environmental Permits from USACOE, NYSDEC and Town of Southold.
6. Specifications as listed in the table of contents of the Project Manual.
7 sheets with each sheet bearing the following general title: __
7. Drawings consisting of__
listed on attached sheet index.
8. Addenda (numbers 1
X [or] the Drawings
to 2 , inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (pages to , inclusive).
b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive).
10. 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 (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).
C. There are no Contract Documents other than those listed above in tiffs Article 9.
The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the
General Conditions.
ARTICLE 10 - MISCELLANEOUS
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Profeszional Engineers for EJCDC. A/I rights reserved.
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1001 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 hereto of under interests in the Contract will be another hereto
assignment
by
a
parry
any
rights
binding
or
on
party
without the written consent of the party sought to be bound; and, specifically but without limJ. tation, 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 assig~anent, 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 pan thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions __
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 (which is the Effective Date of the Agreement).
OWNER:
Pishars Island Fe~r~?District
Title: ! A-)--,, ~___-
[CORPOIL~.TE SEAL]
CONTP,_ACTOR:
lqattern Construction Inc.
By:
George ~aggern
Title: President
[CO~O~TE SE~]
A~est:
Address~rgivingnotices: Ad&ess~rgivmgnotices:
P.O. Box H 26M Rn~hnoll Mallow Road
Fishers Island, NY 06390 Baltic, CT 06330
License No.:
E. ICDC C-520 Suggested Form of Agreement Between Owner and Contractor for Co~truction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00520-- 5 -
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(ff 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
other documents authorizing execution of Owner-Contractor Aga-eement )
Agent for service or process:
(Where applicable)
(If Contractor is a corporation or a parmerslfip, attach evidence
of authority to sign.)
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EJCDC C-520 Sugg~ed Form of Agreement Between Owner and Con.actor for Construction Contract (Stipulated Price)
Copyright 8 2002 National Society of Professional Engineers for EJCDC, All rights reserved.
00520-- 6 -
Notic of Award
Dated: '~"'Q/3,
You are notified that your Bid dated l~//~or he above Centracl has been considered, You are the
Successful Bidder and are awarded a Contract for
~e Contract Price of your Contract i~7¢3,d?¢ 6~ ~ ~1~ Lo ~p S~ ~
(Insed appropriate data if Unit Prices are used. Change language lor Cost-Plus contracts)
~ copies of each of the proposed Contract Documents exce t DrawIn s' ac o
Award ~ ¢~ ~ [ P ' g ) c ~[any this Notice of
sels ol the D~wlngs will be delivered sep~r~l~ly or othe~se m~d~ ~vailabl~ to you immediately.
mp~ wJ n ne re.owing cona tons precedent within ~een [J ~] d~ys of Ihe d~e you receive
Nofiee of Award. Time is of the essence. Please fo~erd the ~ecess~ contract documents ~l Ihe e~rlJest
oppo~un[ly.
Deliver to the Owner.. ~ fully executed oounte~ns of the Oontmct Document~.
Deliver with the executed Oontm~ Documents the Oontract security [Bonds] ~s speci[ed in the
Inslruotions 1o Bidders (A~i~le 20), [end] ~eneral Oondifions (P~mgraph ~.0J) [~nd 8upplementa~
Oonditions (P~mgmph 80-~.01).]
3. Other con~ilions preoedent:
Failure to comply with these condHions within the lime specified will entiUe Owner ~o consider you in defaulL
annul ~hi~ Notice of Award and declare your Bid secud~ fo~eiled.
Within ten days after you comply with the above conditions, Owner will return to you one fu~y executed
counlerpa~ of [he Contmc[ Documents.
Copy to Engineer
MATTERN CONSTRUCTION INC.
GENERAL CONTRACTING/CONSTRUCTION MANAGEMENT
26M BUSHNELL HOLLOW ROAD · BALTIC, CT 06330
(860) 887-1998 FAX (860) 886-8091
Attachment to:
Form of Agreement Between Owner and Contractor for Construction Contract
Fishers Island Ferry Ramp Restoration
Article 9 - CONTRACT DOCUMENTS
7, Drawings consisting of 7 sheets with each sheet bearing the following general title: X (or) the Drawings listed on the
attached sheet index.
C-t Project Cover Sheet by GNCB Consulting Engineers dated November 16, 2012
C-2 Project Layout Barricades and E&S Details by GNCB Consulting Engineers dated November 16, 2012
C-3 Site Work Details by GNCB Consulting Engineers dated November 16, 2012
S1 Existing and New Ramp Plans by GNCB Consulting Engineers dated November 16, 2012
S2 Enlarged Ramp Plan by GNCB Consulting Engineers dated November 16, 2012
S3 Sections and Details Revision 1 by GNCB Consulting Engineers dated December 11, 2012
S4 Sections and Details Revision 1 by GNCB Consulting Engineers dated December 11, 2012
AN EQUAL OPPORTUNITY EMPLOYER