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HomeMy WebLinkAboutAgr 1998-06-24 (Transworld Construction)ORIGINAL TIBURON POLICE STATION CONSTRUCTION PROJECT SECTION 00500 TOWN OF TIBURON TIBURON, CALIFORNIA OWNER CONTRACTOR AGREEMENT FOR THE TIBURON POLICE STATION CONSTRUCTION PROJECT THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into I da of ~v .1998, by and between the TOWN OF TIBURON, a this day municipal corporation, 15 5 Tiburon Boulevard, Tiburon, CA 94920, ("Owner's and Sl, VO90 GaVfg-AWCT/acl.0dse prinicipal place of business is C/ Contractor"). In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I CONSTRUCTION s of this Agreement, the Contractor shall do all the Subject to and in accordance with the termii` work and furnish all the labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract Documents (as hereinafter defined) in a good, workmanlike and substantial manner and to the satisfaction of Owner, the Tiburon Police Station Construction Project ("Project") upon that real property located in Tiburon, California more particularly depicted on Exhibit A (the "Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the performance of Contractors other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. 00500 - , OWNER-CONTRACTOR AGREEMENT TIBURON POLICE STATION CONSTRUCTION PROJECT ARTICLE II CONTRACT SUM Owner shall pay and Contractor shall accept as full compensation for the Work the sum ("Contract Sum") set forth in Exhibit C. Progress payments to the Contractor shall be made in accordance with Article 9 of the General Conditions. ARTICLE III TIME FOR PERFORMANCE Section 3.1. Definitions. As used in this Agreement: The term "Completion Date" shall mean the date that all the Work is substantially complete. The term "Direct Costs" shall mean the premium portion of overtime pay, additional crew, shift or equipment cost and such other items of cost requested in advance by Contractor and approved by Owner, -which approval shall not be unreasonably withheld. The term "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor caused by any of the following if such events are beyond the reasonable control of Contractor despite having taken all reasonable attempts to prevent, avoid delay and mitigate the effects thereof, and as set forth in Section 9.11 of the General Conditions: A. act or omission of Owner, or by an employee, agent or representative of Owner (other than by reason of the proper exercise of their respative rights, duties and obligations under the Contract Documents); or B. fire, flood, unusually severe and abnormal weather conditions beyond the anticipated average number of rain days per year over a ten (10) year period based on historic weather data, war, embargo, sabotage, hurricane, earthquake, tornado or by injunction (not the fault of Contractor) (see Section 9.11.3 of the General Conditions); or C. general strike, regulatory delays, strikes in or losses during transportation, or other similar event which is beyond Contractor's control. k. The Contractor acknowledges that actual delays in activities that do not prevent the Contractor from completing the work by the Scheduled Completion Date ("non-critical delays") will not constitute an .a 00500 - 2 OWNER-CONTRACTOR AGREEMENT TIBURON POLICE STATION ONSTRUCTION PROJECT calendar days of the commencement of any such delay and the written approval of such extension of time is obtained from the To-Am Manager, his designee, or other duly authorized agent of the Owner. A waiver of any requirement in this Section 3.3 herein contained, including but not limited to time within which application for extension of time may be made, or requirement for written application and written approval thereof in connection with any or all past delays, shall not constitute a waiver by Owner of any of such requirements in connection with any present or future delays. No verbal approval, either express or implied, or any grant of time extension by Owner or its agents shall be binding upon Owner unless and until such approval is expressly ratified in writing. In the event the Contractor is delayed in the Work by any Excusable Delay and other than for financial reasons, the Contractor's remedy, if at all, shall be limited solely to an extension of time. In no event shall it be entitled to a monetary payment over and beyond that which is specified in the Contract Documents and the duly executed change orders thereto for any damages of any kind whatsoever arising by reason of such Excusable Delay, including but not limited to money actually expended on the job by reason of such delay for salaries, equipment and materials, loss of anticipated profits, and overhead or indirect costs. In the event of delay in the Work which is not due to an Excusable Delay, Owner may direct that the Work be accelerated by means of overtime, additional crews or additional shifts or resequencing of the Work. All such acceleration shall be at no cost to Owner. In the event of Excusable Delay, Omer may similarly direct acceleration and Contractor agrees to perform same on the basis of reimbursement of Direct Cost plus a fee of five percent (5%) of such cost but expressly waives any other compensation therefor. In the event of any acceleration requested pursuant to this paragraph, Contractor shall provide promptly a plan including recommendations for, in Contractor's opinion, the most effective and economical acceleration. Section 3.4 Time; Liquidated Damages. For each calendarday's delay beyond either the Scheduled Completion Date or the Interim Completion Date, (which delays are not excused pursuant to Section 3.3 of this Agreement), Contractor shall forfeit and pay to Owner the sum of Five Hundred Dollars ($500.00) as liquidated damages. OWNER C T R) W, T OR 00500 - 4 OWNER-CONTRACTOR AGREEMENT CONSTRUCTION PROJECT ARTICLE IV PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party on request. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workman employed on the Project. Contractor shall post the Prevailing Rate Schedule at the Site. Contractor shall forfeit, as a penalty as set forth in California Labor Code § 1775, twenty- five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done under the Contract Documents or an), work- done by any subcontractor under Contractor. Contractor shall comply with the payroll records requirements set forth in Section 16.6 of the General Conditions and the provisions in Section 16.4 of the General Conditions concerning apprentices and.shall be responsible for causing all of Contractor's subcontractors to comply with these requirements and provisions. ARTICLE V NON-DISCRIMINATION The Contractor hereby agrees to comply with the provisions contained in Article 15 of the General Conditions regarding non-discrimination, equal employment opportunity and affirmative action. ARTICLE VI WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. 00500 - 5 OWNER-CONTRACTOR AGREEMENT TIBURON POLICE STATION CONSTRUCTION PROJECT ARTICLE VII CONFLICT In the event of conflict between the terms of this Agreement and the bid or proposal of said Contractor, then, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflicting herewith. ARTICLE VIII EXHIBITS This Agreement includes the following Exhibits which are attached hereto and incorporated herein by reference: Exhibit A The Site Exhibit B Contract Documents Exhibit C Contract Sum x 00500 - 6 OWNER-CONTRACTOR AGREEMENT Tj f-'% it IRON POLICE STATION C y .,,STRUCTION PROJECT IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: y Town Attorney CONTRAC . By Its Contra tor's License No. 3 7 z,6 Expiration Date: 3 TOWN OF TIBURON By ~ ~if/YJ/Y1dr~Q~vo•. y J. 00500 - 7 OWNER-CONTRACTOR AGREEMENT AA-"%Ji%vil E%J .A%_r. J1A11V1r CONSTRUCTION PROJECT EXHIBIT A SITE MAP [Attached] ,y 00501 -1 Town of Tiburon OWNER-CONTRACTOR AGREEMENT EXHIBITS L 73 - - --j f--. t f i 1 O S S t I O f f w _ f I I a~ LL t- I ~ f Q 0 i f f ~~n f _l cal . ~ ~ ~ t 1 IF. ,j ' ~ n Kai ,a. ' all f ti f r ~pOcn tL Z ~ ~_F•nq ~ cq 0 S (Ale, m / J! O W / d, a / ttv S?d 3 i• n e me + ~ h ~1 r, r u f~ -1 1% ev ell e ~ ~ zto w J Z~ .o ~I tr. kw IL Q -.l imp in irl u-~ fY .1 ~ Av~o , 4- ~S ~ a O ~ V c\~ T 0 0 Z h Q f'- h JQ0 3 ~c q zo K1 T , Q r^I~'~4T 4 u Mme.: G ILI } ;Y =3 iLl xa GY(,a = 111 w ~ 0- Z d) Q w d) < 'Z co ~1! i-- z lo w ~ U~ aCP O A 0 N 3URON POLICE STATION CONSTRUCTION PROJECT EXHIBIT B CONTRACT DOCUMENTS The following documents, current as of the date of signature of the Owner-Contractor Agreement, comprise the Contract Documents: 0,"mer-Contractor Agreement General Conditions Project Drawings, as listed on Sheet A0.1 of the Project Drawings Project Specifications, as listed in the Table of Contents of the Project Specifications. Addenda, Substitutions, Modifications, Change Orders and Written Interpretations. Bidding Documents ,r t", 00501 - 2 Town of nburon OWNER-CONTRACTOR AGREEMENT EXHIBITS F. TIBURON POLICE STATION CONSTRUCTION PROJECT EXHIBIT C ~r +'j ~ CONTRACT SUM A. BASE BID Total lump sum price, including the furnishing of all labor, materials, services, equipment, fringe benefits, taxes, insurance, overhead and profit and any other costs or expenses necessary to complete the Base Bid Work in accordance with the Contract Documents: o ^1* 04f~x .5 ~r i L DOLLARS ($&6-30,,000 ) B. ACCEPTED BID ALTERNATES (As listed in Specification Section 01030 and described in the Sections referenced therein and on the Project Drawings). Alternate No. 1: lg 64 13O TARS 5 e .Jt' 4n ~ vo d Alternate No. 2: DOLLARS F,00501 - 3 ` Town of Tiburon OWNER-CONTRACTOR AGREEMENT EXHIBITS TIBURON POLICE STATION CONSTRUCTION PROJECT C. TOTAL CONTRACT SUM (including Accepted Bid Alternatives): ~ 61.~ C rt, Lu - 4,,~l 1; If!" 00501 - 4 Town of Tiburon OWNER-CONTRACTOR AGREEMENT EXHIBITS