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Home My WebLink About07-6583 FURPSU USE ONLY r BUDGET # 97&932 JOB # REFERENCE # 1515 ~~~~ _ ODDE# 830.D6 FORM OF AGREEMENT 1-C THE PENNSYLVANIA STATE UNIVERSITY OWNER AND CONTRACTOR CONTRACT THIS AGREEMENT made this 29"' day of October in the year Two Thousand Seven 12007) by and between LVI ENVIRONMENTAL SERVICES INC. 201 Parkway View Drive Pittsburgh, Pennsylvania 15205 hereinafter called the Contractor and THE PENNSYLVANIA STATE UNIVERSITY, a corporation created and existing under the laws of the Commonwealth of Pennsylvania, hereinafter called the Owner for the following project: The Pennsylvania State University. Dickinson School of Law. Carlisle, Pennsylvania, Asbestos Abatement, Trickett and Curtelage Halls. PSU Proiect No. 03-51258.01, Located at The Pennsylvania State University Dickinson School of Law. Carlisle CamDUS, Carlisle. Cumberland County, Pennsylvania. In consideration of the promises set forth herein, and with intent to be legally bound, the parties agree as follows: ARTICLE 1: THE WORK AND THE DOCUMENTS FORMING THE CONTRACT The Work forming the subject of this Contract No. 1. Asbestos Abatement Contract is set forth in Project Manual entitled: The Pennsylvania State University, Dickinson School of Law, Carlisle. Pennsylvania. Asbestos Abatement. Trickett and Curtelage Halls. Located at The Pennsylvania State University, Dickinson School of Law. Carlisle, Pennsylvania. Proiect No. 03-51258.01. dated September 6, 2007. 1/04 1-C, Page 1 of 4 _, 7 r It is described in the Specification, consisting of the General Conditions of the Contract, Articles 1 to 14 inclusive and: Notice to Bidders: Form of Proposal• Form of Agreement• Notification of Contract Reauirements Pertaining to the Prevailina Wage Act• Prevailina Minimum Wage Determination Serial Number 07-5121 dated September 5, 2007: General Conduct of the Work and Special Reauirements• Basis of Bids• Scone of the Work• The Pennsylvania State University Department of Environmental Health and Safety Performance Specification for Dickinson School of Law Carlisle dated August 17 2007• Appendices A B C D E F and G• and Addendum No. 1 dated September 11, 2007. The said Drawings and Specifications together with the General Conditions, as hereinabove described, are as fully a part hereof as if hereto attached or herein repeated. ARTICLE 2: THE PROFESSIONAL References to the Professional in any of the Contract Documents shall refer to the Professional whose name appears hereafter: Office of Physical Plant Desian & Construction Division The Pennsylvania State University University Park, Pennsylvania 16802 The Professional shall either be a person or firm lawfully licensed to practice architecture or engineering or the appropriate office of the Owner as noted. ARTICLE 3: THE CONTRACTOR'S DUTIES AND STATUS The Contractor agrees to fumish the labor, material, tools, machinery, equipment, facilities, and supplies to do aH - ##~ings- t~eeessarsr#or- -comptetiorr-of- th~llHork, to- fumistr .. . administration and superintendence; to have at the Work whenever needed and to keep upon it at all times an adequate supply of workmen and materials, and to secure its execution in the best, most workmanlike, expeditious and economical manner. The Contractor, recognizing the relations of trust and confidence established between the Contractor and the Owner by the terms of this Agreement, undertakes to fumish its best skill and judgment and to cooperate loyally with the Professional in forwarding the interests of the Owner, and to have no pecuniary interest, direct or indirect, in the Contract or in its pertormance other than as disclosed in this Agreement. 1/04 1-C, Page 2 of 4 ~~~ r The Contractor agrees to begin the Work contemplated by this Contract within 10 days after notice from the Owner to proceed and to substantially complete the same, ready for the Owner's occupancy and use, on or before December 31. 2007. Contractor agrees to complete all punch list items by January 4. 2008. Contractor agrees that time is of the essence of this Contract and if the Contractor shall fail to complete the Work within the time above specified, or such extension or extensions thereof as shall be granted, the Contractor shall pay Owner, as liquidated damages and not as a penalty for such failure, the sum of Five Hundred and 00/100 Dollars 00.00 per day for each and every calendar day thereafter until such Work shall be substantially completed and ready for the Owner's occupancy and use. Provided, nevertheless, if the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or Professional, or of any employee of either, or of a separate Contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner, or by other causes which the Professional determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Professional may determine with the Owner's approval. ARTICLE 4: OWNER'S REPRESENTATION The Owner shall appoint a representative, who shall act for the Owner in the execution of this Contract. ARTICLE 5: CONTRACT SUM In consideration of the completion by the Contractor of the Work contemplated in this Contract in strict accordance therewith, the Owner agrees to pay to the Contractor the sum of (Base Bid and Alternate No. 1) Five Hundred Fifty-Four Thousand Two Hundred Fifteen and 00/100 ----------------------------•-•----------------------- Dollars ($554.215.00), which sum is not to be increased or diminished except as provided in Article 9 of the General Conditions relative to Changes in the Work. The Owner elects to accent all Unit Prices per Appendix C. ARTICLE 6: METHODS OF PAYMENTS The Contractor shall each month submit to the Owner a statement in detail showing the amount of Work performed in the preceding calendar month, according to Article 11 of the General Conditions. Payments shall be made on valuation of Work done based on an approved Schedule of Values to be submitted by the Contractor to the Owner through the Professional of the quantities aggregating the total of the Contract, prior to the first application for payment. The Schedule of Values shall, when approved by the Professional, be used as a basis for determining the percentage of the Contract sum comprising each Certificate of Payment. Payments shall be made on the basis of 94% of the approved monthly schedule of Work performed as hereinbefore determined. Thirty (30) days after this Contract shall have been fully performed, the Professional shall issue a certrficate for any balance due subject to the provisions of Article 11 of the General Conditions. ARTICLE 7: LIENS Notwithstanding and in addition to the provisions relative to liens set forth in Paragraph 11.8 of the General Conditions of the Contract, the parties hereto hereby specifically waive the right to file any mechanic's or other lien or claim for Work done or material furnished in or about the performance of this Contract, and it is hereby expressly agreed that no such claim or claims shall be filed by anyone and that the Contractor shall not file nor permit any Subcontractor, materialman, mechanic, or other person under him to file, nor shall any such Contractor, Subcontractor, materialman or other person file any mechanic's or other lien or claim for Work done or material furnished in or about the performance of this Contract against the ground upon which the structure or Work herein provided for is erected or done, or against any structure thereon erected or to be erected, or against any structure or property whatsoever covered by the Contract. y~0'1 1-C, Page 3 of 4 ~~~~ v The provisions of this Article 7 in no way affect the additional rights and remedies given under Paragraph 11.8 of the General Conditions of the Contract, all of which said General Conditions shall be valid in their entirety except as changed by the stipulations hereunder. ARTICLE 8: MISCELLANEOUS PROVISIONS 8.1 APPLICABLE LAW The interpretation and construction of this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. In the event litigation arises out of this contract, the parties agree to submit any claim to the competent courts of Centre County, Pennsylvania. 8.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding on the successors and assigns of the parties hereto. 8.3 ASSIGNMENT Neither the Owner nor the Contractor shall assign, sublet or in any manner transfer any right, duty, or obligation under this Agreement without prior written consent of the other party. 8.4 RELEASE OF INFORMATION The Contractor understands and agrees that the Owner may release to taxing authorities any and all information relating to the Work. THIS AGREEMENT entered into as of the day and year written above. THE PENNSYLVANIA STATE UNIVERSITY OWNER ~~ Title SUSAN J. IEDEMER ASSISTANT TREASURER LVI ENVIRONMENTAL SERVICES, tNC. CONTRACTOR Title Darren S. DeWitt Vice President rroa ~_ ~ , ATTEST, Secretary A EST, acre Form of Agreement 1-C 1-C, Page 4 of 4 ~ _ _ ____ r? ~., ~ ~ ~ ~ c~ ~~ r~'r`R' '`„ ~ r < ~ A j"F` i^ ~ ~~ r;; ~ ~; ('~ ~ `~ .yea a» ~w _~ f~ji `j.n '. ,` .~. ~%7 .~ C,~ "'C