Project Address. ▇▇▇▇▇▇▇ Avenue, Promenade Street, and Providence Place between Eagle Street and Park Street; and also at ▇▇▇▇▇▇▇ Street at Finance Way. Contractor agrees to complete the work identified in this Agreement and in the Contract Documents, (“Project”). With regard to the Project, Owner and Contractor agree: CONTRACT DOCUMENTS This Agreement, the scope of work, invitation for bids, and any other documents referenced in or attached to this agreement are collectively referred to as the “contract documents,” and include: Contract Documents prepared by the Department of Planning and Development and issued by Owner as part of the Request for Bids – Woonasquatucket River Greenway awarded in October 2023; Bid submitted by Contractor dated July 3, 2023; Contract Documents, Woonasquatucket River Greenway Improvement Construction, prepared by Department of Planning and Development, dated May 2023; Plan of Woonasquatucket River Greenway, Kinsley Avenue, Providence Place & Promenade Street (Eagle Street to Park Street), City of Providence, RI Contract No. 2022- CE-062, prepared by ▇▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Group, Inc., dated May 2023; Each of the Contract Documents forms part of and is fully incorporated in this Agreement. To the extent any of the Contract Documents that form part of and are incorporated in this Agreement differ or contradict the terms of this Agreement, the terms of this Agreement shall control. SCOPE OF WORK AND AGREEMENT PRICE Contractor, having examined the Contract Documents and Project Site, agrees to be bound by the Contract Documents. Contractor agrees to furnish all required Project Management, labor, materials, equipment, competent supervision, tools, safety measures, transportation costs, proof of insurance, performance bond and payment bond (as directed by Owner) and any and all other appurtenant items necessary for complete performance of the Contract Work in a good and workmanlike manner. The Contract Work shall conform to all applicable laws, regulations and/or ordinances of any and all governmental agencies including Quasi and having jurisdiction over the Contract Work. All required standards required by the Utility Providers shall be strictly complied with unless otherwise confirmed in writing by the Engineer and Owner. Contractor agrees to perform the necessary construction, project installation and oversight work set forth in the Scope of Work. Contractor agrees to perform the Contract Work strictly in accordance with the Contract Documents, task order and subject to the final approval of Owner for the Agreement Price ($10,263,463.00). Owner and Contractor may amend the Agreement Price ($10,263,463.00) only by a written Change Order executed by both Parties. Contractor shall not charge overtime or travel time to Owner unless Owner first approves such charges in writing. Contractor is responsible for the cleanup and removal of all debris associated with the Contract Work to assure the safety and protection of all persons and property associated with the Project. If the progress schedule cannot be met due to business interruption and circumstances beyond the control of Contractor, the Owner and Contractor shall discuss and document the cause of such delay and present to the Owner to review and discuss reasonable means to complete the work to avoid further delay. No overtime work will be conducted without an agreed upon Change Order. From Time to Time the Contractor may be given advanced notice of special events taking place within the Project Limit Lines that will require special attention to work around and/or otherwise provide detailed cleanup, minimize road openings and sidewalk closures as well other applicable tasks that may be required. These events will be required to be captured in the Project Schedule and worked around as necessary to accommodate the events and assure that efforts are made to accommodate the events. Potential events in and around the project area, based on past years, include but are not limited to: Waterfire Events at the Dunkin’ Donut Center Events at the Convention Center Events at the Veterans Memorial Theater Events on Federal Hill Contractor is employed as an independent contractor to perform the Contract Work and is responsible to provide all tools, equipment and incidentals required to complete the Work. Contractor has examined the Project Site and has acquainted themselves with local conditions, including readable availability of a project management Team, labor, subcontractors, equipment and materials. Based on the Contractors examination of the Project Site, the Contractor accepts all open and obvious conditions at the Project Site visible upon reasonable inspection as of the date of this Agreement. No allowances will be made after the date of this Agreement for any oversight, error or omission by Contractor in assessing the Project Site with respect to the Scope of Work to be performed and the Agreement Price for conditions falling within these parameters. PERFORMANCE AND WARRANTY Time is of the essence. Contractor shall cooperate with Owner in scheduling and performing the Contract Work to avoid conflict, delay in or interference with any separate work of the Owner or other engineers or contractors. Performance requirements may be included in task order, to be agreed to by the City and Contractor. At Owner’s request, Contractor shall promptly provide Owner with proof of the ordering of all materials, equipment and supplies required for complete performance of the Contract Work. Upon execution of this Agreement, Contractor shall promptly provide the Owner with a schedule of work to be performed, which shall be considered a living schedule and update a minimum of every two weeks. Failure to submit an update may result in rescinding work and/or withholding of payment. The schedule must be agreed upon between the Owner and Contractor before execution of the work. Contractor shall use only new material for the Contract Work. Contractor shall remove and replace promptly, at Contractor's own expense, all defective or nonconforming work or materials. Contractor shall promptly report to Owner, in writing, any errors, inconsistencies or omissions relating to the Contract Work and any errors, inconsistencies or omissions in the Drawings and Specifications. Contractor may use salvaged materials with the approval of the Owner provided environmental test reports are provided to assure they are not contaminated. Test reports shall be provided in advance of materials being brought to the site. No excavated material from this project shall be reused. Contractor shall complete each aspect of the Contract Work in strict accordance with the standards set forth in this Agreement and the other Contract Documents. Notice to proceed will be issued upon the Contractor’s furnishing of insurance, bond, and execution of this Agreement. Contractor shall begin the work no earlier than October 11, 2023, no later than October 31, 2023, and must substantially complete work by October 11, 2024 and fully complete work by November 15, 2024 unless otherwise stipulated in the task order. The Completion Date may be changed only by a written Change Order signed by the Contractor and Owner. Contractor’s failure to perform and timely complete each aspect of the Contract Work, excluding delays caused by Owner or third party persons who are not under Contractor’s control, in strict accordance with the Contract Documents, or delay of any work by other engineers, contractors or Owner caused by Contractor, constitutes a material breach of this Agreement, and Contractor shall be responsible for all additional costs incurred by Owner or other engineers or contractors, including overhead, profit, attorneys’ fees and litigation expenses resulting from any such breach. If Contractor, by its own fault or omission, fails to diligently pursue completion of the Contract Work, overtime work may be required by Contractor without additional compensation from Owner. In certain situations, Contractor may be required by Owner to work overtime and, if Contractor is not in default under the Agreement, Contractor shall be paid additional compensation as agreed to in writing prior to performance of the overtime work. Owner must approve in advance and in writing all overtime work for which Contractor seeks additional compensation and such overtime work will be addressed in a Change Order. The Contractor shall provide Schedule of Rates for all Labor and Equipment as part of the Bid for the project. This rate table will be used for adjustments in costs in the event they are required. The rate Schedule will be reviewed during Bid Review process for fairness and will be part of the review for the De-Scope Meeting. Contractor agrees to keep Owner informed both verbally and in writing as to the progress of the Contract Work and shall perform the Contract Work faithfully and in such order as necessary to keep the overall Project on schedule and to avoid any delay in completion of the Project. Failure to updated project schedule may result in rescinding work and/or withholding of payment. Contractor shall provide safe and proper facilities for inspection at all times during performance of the Contract Work including preparing and maintaining a Safety Plan to be submitted prior to the start of Work. Contractor warrants that the Contract Work shall (i) be free of defects in material and workmanship for a period of Two (2) years except where prescribed to be for a longer period; comply with the Drawings and the Specifications or as otherwise agreed to by the Parties; be performed in safe and workmanlike manner by trained, qualified, and efficient workers, in strict conformity with construction best practices; and (iv) be constructed of new materials of the most suitable grade for the application, and furnish satisfactory evidence to Owner of the type and quality of materials so furnished and used. In the event that the Contract Work fails to meet any of the aforementioned warranties, Contractor shall have the right to cure any nonconforming or defective Work and may replace the defective Contract Work, or reimburse Owner for the Contract Work at the invoice or market price, within thirty (30) days after discovery of the breach of warranty. Contractor shall also, at its cost, remove all material, equipment, and Contract Work which does not comply with the Drawings or meet the Specifications, or is otherwise defective, whether incorporated in the Project or not, and shall re-execute the Contract Work and correct any other work damaged thereby. If Contractor does not remove nonconforming or defective Contract Work promptly, Owner may do so and restore such nonconforming Contract Work at Contractor's expense. Contractor shall reimburse Owner for all reasonable costs and expenditures made in the settlement of any claim against Owner relating to nonconforming or defective Contract Work. Neither acceptance of the Contract Work nor payment of some or all of the Agreement Price shall relieve Contractor of responsibility for faulty materials, equipment or workmanship. Contractor shall remedy, as soon as possible, defects appearing within two (2) years from the date of final payment, or within such longer period of time as provided by any manufacturer’s warranty, and correct resulting damage to other work at no cost to Owner.
Appears in 2 contracts
Sources: Construction Agreement, Construction Agreement
Project Address. ▇▇▇▇▇▇▇ Avenue, Promenade Street, and Providence Place between Eagle Street and Park Street; and also at ▇▇▇▇▇▇▇ Street at Finance Way. Contractor agrees to complete the work identified in this Agreement and in the Contract Documents, (“Project”). With regard to the Project, Owner and Contractor agree: CONTRACT DOCUMENTS This Agreement, the scope of work, invitation for bids, and any other documents referenced in or attached to this agreement are collectively referred to as the “contract documents,” and include: Contract Documents prepared by the Department of Planning and Development and issued by Owner as part of the Request for Bids – Woonasquatucket River Greenway awarded in October 2023Month Year; Bid submitted by Contractor dated July 3, 2023[enter date]; Contract Documents, Woonasquatucket River Greenway Improvement ConstructionGreenway, prepared by Department of Planning and Development, dated May 2023; Plan of Woonasquatucket River Greenway, Kinsley Avenue, Providence Place & Promenade Street (Eagle Street to Park Street), City of Providence, RI Contract No. 2022- CE-062, prepared by ▇▇▇▇▇▇▇ Associates, Inc. and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Group, Inc., dated May 2023; Each of the Contract Documents forms part of and is fully incorporated in this Agreement. To the extent any of the Contract Documents that form part of and are incorporated in this Agreement differ or contradict the terms of this Agreement, the terms of this Agreement shall control. SCOPE OF WORK AND AGREEMENT PRICE Contractor, having examined the Contract Documents and Project Site, agrees to be bound by the Contract Documents. Contractor agrees to furnish all required Project Management, labor, materials, equipment, competent supervision, tools, safety measures, transportation costs, proof of insurance, performance bond and payment bond (as directed by Owner) and any and all other appurtenant items necessary for complete performance of the Contract Work in a good and workmanlike manner. The Contract Work shall conform to all applicable laws, regulations and/or ordinances of any and all governmental agencies including Quasi and having jurisdiction over the Contract Work. All required standards required by the Utility Providers shall be strictly complied with unless otherwise confirmed in writing by the Engineer and Owner. Contractor agrees to perform the necessary construction, project installation and oversight work set forth in the Scope of Work. Contractor agrees to perform the Contract Work strictly in accordance with the Contract Documents, task order and subject to the final approval of Owner for the Agreement Price ($10,263,463.00XXXXXXXXX). Owner and Contractor may amend the Agreement Price ($10,263,463.00XXXXXXXX) only by a written Change Order executed by both Parties. Contractor shall not charge overtime or travel time to Owner unless Owner first approves such charges in writing. Contractor is responsible for the cleanup and removal of all debris associated with the Contract Work to assure the safety and protection of all persons and property associated with the Project. If the progress schedule cannot be met due to business interruption and circumstances beyond the control of Contractor, the Owner and Contractor shall discuss and document the cause of such delay and present to the Owner to review and discuss reasonable means to complete the work to avoid further delay. No overtime work will be conducted without an agreed upon Change Order. From Time to Time the Contractor may be given advanced notice of special events taking place within the Project Limit Lines that will require special attention to work around and/or otherwise provide detailed cleanup, minimize road openings and sidewalk closures as well other applicable tasks that may be required. These events will be required to be captured in the Project Schedule and worked around as necessary to accommodate the events and assure that efforts are made to accommodate the events. Potential events in and around the project area, based on past years, include but are not limited to: Waterfire Events at the Dunkin’ Donut Center Events at the Convention Center Events at the Veterans Memorial Theater Events on Federal Hill Contractor is employed as an independent contractor to perform the Contract Work and is responsible to provide all tools, equipment and incidentals required to complete the Work. Contractor has examined the Project Site and has acquainted themselves with local conditions, including readable availability of a project management Team, labor, subcontractors, equipment and materials. Based on the Contractors examination of the Project Site, the Contractor accepts all open and obvious conditions at the Project Site visible upon reasonable inspection as of the date of this Agreement. No allowances will be made after the date of this Agreement for any oversight, error or omission by Contractor in assessing the Project Site with respect to the Scope of Work to be performed and the Agreement Price for conditions falling within these parameters. PERFORMANCE AND WARRANTY Time is of the essence. Contractor shall cooperate with Owner in scheduling and performing the Contract Work to avoid conflict, delay in or interference with any separate work of the Owner or other engineers or contractors. Performance requirements may be included in task order, to be agreed to by the City and Contractor. At Owner’s request, Contractor shall promptly provide Owner with proof of the ordering of all materials, equipment and supplies required for complete performance of the Contract Work. Upon execution of this Agreement, Contractor shall promptly provide the Owner with a schedule of work to be performed, which shall be considered a living schedule and update a minimum of every two weeks. Failure to submit an update may result in rescinding work and/or withholding of payment. The schedule must be agreed upon between the Owner and Contractor before execution of the work. Contractor shall use only new material for the Contract Work. Contractor shall remove and replace promptly, at Contractor's own expense, all defective or nonconforming work or materials. Contractor shall promptly report to Owner, in writing, any errors, inconsistencies or omissions relating to the Contract Work and any errors, inconsistencies or omissions in the Drawings and Specifications. Contractor may use salvaged materials with the approval of the Owner provided environmental test reports are provided to assure they are not contaminated. Test reports shall be provided in advance of materials being brought to the site. No excavated material from this project shall be reused. Contractor shall complete each aspect of the Contract Work in strict accordance with the standards set forth in this Agreement and the other Contract Documents. Notice to proceed will be issued upon the Contractor’s furnishing of insurance, bond, and execution of this Agreement. Contractor shall begin the work no earlier than October 11Month, 2023Day, Year, no later than October 31Month, 2023Day, Year, and must substantially complete work by October 11Month, 2024 Day, Year and fully complete work by November 15Month, 2024 Day, Year unless otherwise stipulated in the task order. The Completion Date may be changed only by a written Change Order signed by the Contractor and Owner. Contractor’s failure to perform and timely complete each aspect of the Contract Work, excluding delays caused by Owner or third party persons who are not under Contractor’s control, in strict accordance with the Contract Documents, or delay of any work by other engineers, contractors or Owner caused by Contractor, constitutes a material breach of this Agreement, and Contractor shall be responsible for all additional costs incurred by Owner or other engineers or contractors, including overhead, profit, attorneys’ fees and litigation expenses resulting from any such breach. If Contractor, by its own fault or omission, fails to diligently pursue completion of the Contract Work, overtime work may be required by Contractor without additional compensation from Owner. In certain situations, Contractor may be required by Owner to work overtime and, if Contractor is not in default under the Agreement, Contractor shall be paid additional compensation as agreed to in writing prior to performance of the overtime work. Owner must approve in advance and in writing all overtime work for which Contractor seeks additional compensation and such overtime work will be addressed in a Change Order. The Contractor shall provide Schedule of Rates for all Labor and Equipment as part of the Bid for the project. This rate table will be used for adjustments in costs in the event they are required. The rate Schedule will be reviewed during Bid Review process for fairness and will be part of the review for the De-Scope Meeting. Contractor agrees to keep Owner informed both verbally and in writing as to the progress of the Contract Work and shall perform the Contract Work faithfully and in such order as necessary to keep the overall Project on schedule and to avoid any delay in completion of the Project. Failure to updated project schedule may result in rescinding work and/or withholding of payment. Contractor shall provide safe and proper facilities for inspection at all times during performance of the Contract Work including preparing and maintaining a Safety Plan to be submitted prior to the start of Work. Contractor warrants that the Contract Work shall (i) be free of defects in material and workmanship for a period of Two (2) years except where prescribed to be for a longer period; comply with the Drawings and the Specifications or as otherwise agreed to by the Parties; be performed in safe and workmanlike manner by trained, qualified, and efficient workers, in strict conformity with construction best practices; and (iv) be constructed of new materials of the most suitable grade for the application, and furnish satisfactory evidence to Owner of the type and quality of materials so furnished and used. In the event that the Contract Work fails to meet any of the aforementioned warranties, Contractor shall have the right to cure any nonconforming or defective Work and may replace the defective Contract Work, or reimburse Owner for the Contract Work at the invoice or market price, within thirty (30) days after discovery of the breach of warranty. Contractor shall also, at its cost, remove all material, equipment, and Contract Work which does not comply with the Drawings or meet the Specifications, or is otherwise defective, whether incorporated in the Project or not, and shall re-execute the Contract Work and correct any other work damaged thereby. If Contractor does not remove nonconforming or defective Contract Work promptly, Owner may do so and restore such nonconforming Contract Work at Contractor's expense. Contractor shall reimburse Owner for all reasonable costs and expenditures made in the settlement of any claim against Owner relating to nonconforming or defective Contract Work. Neither acceptance of the Contract Work nor payment of some or all of the Agreement Price shall relieve Contractor of responsibility for faulty materials, equipment or workmanship. Contractor shall remedy, as soon as possible, defects appearing within two (2) years from the date of final payment, or within such longer period of time as provided by any manufacturer’s warranty, and correct resulting damage to other work at no cost to Owner.
Appears in 1 contract
Sources: Construction Agreement