Construction_Contract-Sample.pdf

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SAMPLE

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is dated as of the ______________________ by and between the City of

Meriden, 142 East Main Street Meriden, CT 06450 hereinafter called OWNER and Sally James

LLC, hereinafter called CONTRACTOR.

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows: ______________________

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

ARTICLE 2. ENGINEER/ARCHITECT.

The Project has been designed by ______________________ who is hereinafter called

ENGINEER/ARCHITECT and who is to act as Owner’s representative, assume all duties and responsibilities and has the rights and authority assigned to ENGINEER/ARCHITECT in the

Contract Documents in connection with completion of the Work in accordance with the contract documents.

ARTICLE 3. CONTRACT TIMES.

3.1 The Work will be substantially completed by ______________________, 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 final payment in accordance with paragraph 14.07B of the General

Conditions by 15 days after the date when the Contract Times commence to run.

3.2 Liquidated Damages. OWNER and CONTRACTOR 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 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving 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

Two Hundred Fifty Dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 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 time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay

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OWNER Two Hundred Fifty Dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment.

ARTICLE 4. CONTRACT PRICE.

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 4.1 and 4.2 below:

4.1 For all Work, other than Unit Price Work, a Lump Sum of:

Figures $30,000.00

Written ______________________

All specific cash allowances are included in the above price and have been computed in accordance with 11.02 of the General Conditions;

Plus

4.2 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 4.2:

Not Applicable

As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by

ENGINEER/ARCHITECT as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03C of the General Conditions.

(The Bid may be attached. Any attachments and/or exhibits attached should be listed in Article 8

- Contract Documents).

If adjustment prices for variations from stipulated Base Bid quantities have been agreed to, insert appropriate provisions.

ARTICLE 5. PROGRESS PAYMENTS.

5.1 Based upon applications for Payment submitted to the ENGINEER/ARCHITECT by the

Contractor and Certificates for Payment issued by the ENGINEER/ARCHITECT, the Owner shall make progress payments on account to the Contractor as provided below and elsewhere in the Contract Documents.

5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month.

5.3 Each Application for Payment shall be based upon the Schedule of Values submitted by the

Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER/ARCHITECT may

12345 Page 3 require. This Schedule, unless objected to by the ENGINEER/ARCHITECT, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

5.4 Applications for Payment shall indicate the percentage of completion of each portion of the

Work as of the end of the period covered by the Application for Payment.

5.5 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

5.5.1 Take that portion of the Contract sum properly allocable to completed work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the work in the Schedule of

Values, less retainage of five percent (5 percent). Pending final determination of cost to the

Owner of changes in the Work, amounts not in dispute may be included as provided in appropriate sections of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order.

5.5.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing) less retainage of five percent (5 percent).

5.5.3 Subtract the aggregate of previous payments made by the Owner; and

5.5. 4 Subtract amounts, if any, for which the ENGINEER/ARCHITECT has withheld or nullified a Certificate for Payment as provided in Paragraph 14.02.B.5 of the General

Conditions.

5.6 The progress payment amount determined in accordance with Paragraph 5.5 shall be further modified under the following circumstances;

(Not applicable)

5.6.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent (95) of the Contract Sum, less such amounts as the

ENGINEER/ARCHITECT shall determine for incomplete Work and unsettled claims; and

5.6.2 Add, if final completion of the Work is thereafter materially delayed, through no fault of the Contractor, additional amounts payable in accordance with Paragraph 14.08 of the General Conditions.

5.7 Reduction or limitation of retainage, if any shall be as follows: (Not applicable)

5.8 Progress payment requisitions are due monthly on last day of the month for work completed during the contract period. Requisitions are to be sent to the ENGINEER/ARCHITECT and/or

City of Meriden Department responsible for management/administration of the contracted work.

Certified Payroll for construction contracts that require State of Connecticut Prevailing Wage

Determinations are required for each week of work by the Contractor and any or all the

Contractor’s Subcontractors and are due monthly with each requisition. One hard copy and one electronic copy shall be sent to the ENGINEER/ARCHITECT and the City of Meriden

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Purchasing Department. No progress payments will be issued to the Contractor without accompanying Certified Payroll.

For federally funded construction contracts with Davis Bacon Wage Determinations, Certified

Payroll for all employees of the Contractor and any or all of the Contractor’s Subcontractors are required to be submitted weekly to the ENGINEER/ARCHITECT and to the City of Meriden

Purchasing Department. One hard copy and one electronic copy shall be sent to the

ENGINEER/ARCHITECT and the City of Meriden Purchasing Department. Employees on the construction site will be interviewed by City of Meriden Staff and/or City of Meriden subcontracted Project Management/Clerk-of-the-Works/Owner’s Representatives for Davis

Bacon compliance. No progress payments will be issued to the Contractor without accompanying Certified Payroll.

ARTICLE 6. INTEREST.

No interest shall be due or paid on any monies not paid when due.

ARTICLE 7. CONTRACTOR’S REPRESENTATIONS.

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

7.1 CONTRACTOR has examined and carefully studied the Contract Documents including the

Addenda listed in paragraph 8 and the other related data identified in the Bidding Documents including “technical data.”

7.2 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, performance or furnishing of the

Work.

7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and

Regulations that may affect cost, progress, performance and furnishing of the Work.

7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site 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. CONTRACTOR accepts the determination of the extent of the

“technical data” contained in such reports and drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR acknowledges that such reports and drawings are not Contract

Documents and may not be complete for Contractor’s purposes. CONTRACTOR acknowledges that OWNER and ENGINEER/ARCHITECT do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the

12345 Page 5 means, methods, techniques, sequences and procedures of construction to be employed by

CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the

Contract Times and in accordance with the other terms and conditions of the contract

Documents.

7.5 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.

7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation 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.

7.7 CONTRACTOR has given ENGINEER/ARCHITECT written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER/ARCHITECT is acceptable to

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

ARTICLE 8. CONTRACT DOCUMENTS.

The Contract Documents, which comprise the entire agreement between OWNER and

CONTRACTOR concerning the Work, consist of the following:

8.1 This Agreement.

8.2 General Conditions and Supplemental General Conditions.

8.3 Notice of Award

8.4 Performance, Payment, and other Bonds

8.5 Insurance certificate

8.6 Contractor’s Bid Proposal, Non-Collusive Bid Statement, Bidder’s Qualification Statement, St of CT Forms that are applicable

8.7 Connecticut Department of Labor – Wage and Workplace Standards Division.

8.8 “By Reference”: The complete Specifications as included in the bidding documents bearing the title.

8.9 “By Reference”: List of Drawings: Sheet No’s. _ through _ included in the bidding documents.

The above documents are on file in the City of Meriden’s Purchasing Department.

8.10 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All-Written Amendments and other documents amending, modifying

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Conditions.

There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 and 3.05 of the

General Conditions.

ARTICLE 9. MISCELLANEOUS.

9.1 Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents 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.

9.3 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.

9.4 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.

9.5 OTHER PROVISIONS. Any funds not expended in accordance with the approved scope of work and budget must be returned to the City of Meriden within thirty (30) days of the project’s completion or the contract termination date, whichever occurs first.

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WITNESS WHEREOF, the parties hereto have affixed their names and seals.

THE CITY OF MERIDEN CONTRACTOR

**signature_52985**

SIGNATURE

Brian P. Daniels

FULL NAME

City Manager, Duly Authorized

TITLE

**date_signed_52985**

DATE SIGNED

**signature_52986**

SIGNATURE

FULL NAME

(Add Title), Duly Authorized

TITLE

**date_signed_52986**

DATE SIGNED