9-7. Form of Agreement .docx

FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

(“Contractor”).

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Work Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

This project will generally consist of constructing a 10-foot-wide asphalt trail. This trail will be .85 miles long and will connect Village Boulevard to Millpond Park. This trail will serve as a shared-use path for residential, non-motorized transit and will comply with all UDOT standards.

The Project The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

SR-36 Sound Wall Trail Project Manager The Project has been designed by the Project Manager, who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Project Manager in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

Contract Times Time is of the Essence 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 Days to Achieve Substantial Completion and Final Payment A. The work will be substantially completed on or before _________________________________________.

B. The Work will be wholly completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions on or before _______________________________________________________.

C. Weekly reports will be given to Agency from the Contractor.

D. Bidder to provide a construction schedule per Conditions of the Contract C-700, Article 2, section 2.05.

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 Standard 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 $450.00 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete.

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 lump sum amounts established in Section C-405S: Measurement and Payment.

Article 5 – Payment Procedures

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 4 of Form C-450S, Measurement and Payment.

Article 7 – Interest

7.01 All money not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 5 percent per annum.

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 with 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 the cost, progress, and performance of the Work.

D. 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.

E. 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.

F. 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.

G. Contractor has given Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Project Manager is acceptable to Contractor.

H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

I. The contractor understands that weekly phased construction reports will be given to Agency.

Article 9 – Contract Documents

9.01 Contents

A. The Contract Documents consist of the Bid, Agreement, Construction Bonds, Procedural Documents, Conditions to the Contract, Standard Specifications, Special Provisions, Supplemental Specifications, Standard Drawings, Construction Plans, Addenda, and all other plans and documents contained in the bidding package.

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 bind 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.

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:

CONTRACTOR

Stansbury Park Service Agency

By:

By:

Title:

Title:

Attest:

Attest:

Title:

Title:

Address for giving notices:

Address for giving notices:

License No.:

(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 other documents authorizing execution of Owner-Contractor Agreement.)

(Where applicable)

Agent for service of process:

(If Contractor is a corporation or a partnership, attach evidence of authority to sign.)

Section C-520 Form of Agreement Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.