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HomeMy WebLinkAboutWBC Mechanical-3/14/2016Init. *YAIA Document A101Tm — 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Ninth day of March in the year Two Thousand Sixteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) 5 Sullivan Brothers Convention Center, City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4319 Fax Number: 319-291-4262 and the Contractor: (Name, legal status, address and other information) WBC Mehcanical 1801 Falls Avenue Waterloo, IA 50701 Telephone Number: 319-233-6101 Fax Number: 319-233-6102 for the following Project: (Name, location and detailed description) City of Waterloo, 5 Sullivan Brothers Convention Center, Boiler Replacement Phase II 200 W. 4th Street Waterloo, IA 50701 Replacement of the convention center's existing boiler with higher efficiency boilers, replace hydronic pumps, and replace controls. The Architect: (Name, legal status, address and other information) MODUS 214 E. 4th Street Waterloo, IA 50703 Telephone Number: 319-235-0650 Fax Number: 319-235-0644 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 T69-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document Al 01 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03114/2016 under Order No.2909393120_1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980) Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Thls AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03/14/2016 under Order No.2909393120_1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980) Init. The Contractor shall achieve Substantial Completion of the entire Work not later than June 30, 2016. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Four Hundred Eighty-five Thousand Three Hundred Eighty-nine Dollars and Zero Cents ($ 485,389.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identjf►cation of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) § 4.3 Unit prices, if any: (Idents and state the unit price; state quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item General Allowance Price $20,000.00 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 15th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent 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. The schedule of values shall be prepared in such form and supported AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03/14/2016 under Order No.2909393120_1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980) Init. by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201T"r 2007, General Conditions of the Contract for Construction; .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 ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: Wit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfi•om the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03/14/2016 under Order No.2909393120_1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980) Init. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker; if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % § 8.3 The Owner's representative: (Name, address and other information) Craig Clark 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4319 Fax Number: 319-291-4262 Email Address: Craig.clark@waterloo-ia.org § 8.4 The Contractor's representative: AIA Document Al 01 TM - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,'1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03/14/2016 under Order No.2909393120 1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980) Init. (Name, address and other information) David Roman 1801 Falls Avenue Waterloo, IA 50701 Telephone Number: 319-233-6101 Fax Number: 319-233-6102 Email Address: david@wbcmech.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages 00 0101 Notice of Proposed Public Improvements 02-03-2016 2 00 1112 Advertisement for Bids 02-03-2016 2 00 2112 Instructions to Bidders 02-03-2016 6 00 2115 Form of Proposal 02-03-2016 4 00 7200 General Conditions — AIA 02-03-2016 2 01 1100 Summary of Work 02-03-2016 4 011200 Allowances 02-03-2016 2 01 1900 Contract Considerations 02-03-2016 2 01 3119 Coordination and Meetings 02-03-2016 4 01 7000 Contract Closeout 02-03-2016 2 22 0050 Basic Plumbing Requirements 02-03-2016 6 22 0080 Minor Plumbing Demolition for Remodeling 02-03-2016 2 22 0519 Meters and Gauges for Plumbing Piping 02-03-2016 2 22 0529 Hangers and Supports for Plumbing Piping and Equipment 02-03-2016 4 22 0553 Identification for Plumbing and Equipment 02-03-2016 2 22 0719 Domestic Plumbing Insulation 02-03-2016 4 22 1116 Domestic Plumbing Piping 02-03-2016 4 22 3000 Plumbing Equipment 02-03-2016 4 23 0050 Basic HVAC Requirements 02-03-2016 6 23 0080 Minor HVAC Demolition for Remodeling 02-03-2016 2 AIA Document Al 01 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03/14/2016 under Order No.2909393120_1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980) Init. t 23 0090 HVAC Schedule of Values 02-03-2016 2 23 0519 Meters and Gauges for HVAC Piping 02-03-2016 2 23 0529 Hangers and Supports for HVAC Piping and Equipment 02-03-2016 2 23 0548 Vibration and Seismic Controls for HVAC Piping & Equip. 02-03-2016 2 23 0553 Identification for HVAC Piping and Equipment 02-03-2016 2 23 0593 Testing, Adjusting, and Balancing for HVAC 02-03-2016 6 23 0713 Duct Insulation 02-03-2016 4 23 0719 HVAC Piping Insulation 02-03-2016 4 23 0913 DDC Instruments and Control Devices for HVAC 02-03-2016 6 23 0923 DDC System for Large or Medium HVAC Systems 02-03-2016 16 23 0993 Sequence of Operation for HVAC Controls 02-03-2016 4 23 1123 Natural Gas Piping 02-03-2016 2 23 2113 Hydronic Piping 02-03-2016 6 23 2123 Hydronic Pumps 02-03-2016 4 23 2133 Hydronic Specialties 02-03-2016 4 23 2500 HVAC Water Treatment 02-03-2016 4 23 2923 Variable Frequency Motor Controller 02-03-2016 4 23 3100 HVAC Ducts and Casing 02-03-2016 4 23 3416 Centrifugal HVAC Fans 02-03-2016 2 23 5100 Breechings, Chimneys, and Stacks 02-03-2016 4 23 5243 High Efficiency Boilers 02-03-2016 4 26 0050 Basic Electrical Requirements 02-03-2016 6 26 0080 Electrical Schedule of Values 02-03-2016 2 26 0090 Minor Electrical Demolition for Remodeling 02-03-2016 2 26 0519 Electrical Power Conductors and Cables 02-03-2016 4 26 0526 Grounding and Bonding for Electrical Systems 02-03-2016 4 26 0529 Hangers and Supports for Electrical Systems 02-03-2016 2 26 0533 Raceway and Boxes for Electrical Systems 02-03-2016 4 26 0553 Identification for Electrical Systems 02-03-2016 2 26 2416 Panelboards 02-03-2016 2 26 2816 Enclosed Switches 02-03-2016 2 § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date ME -0 Cover Sheet Site Plan 02-03-2016 MD -1 Mechanical Phase II Demolition Plans 02-03-2016 M-1 Mechanical Phase I1 Plans 02-03-2016 M-2 Mechanical Schedules and Details 02-03-2016 E-1 Electrical Phase II Plans 02-03-2016 § 9.1.6 The Addenda, if any: Number Date Pages Addendum #1 02-19-2016 2 Addendum #2 02-25-2016 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201T'4-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA0 Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03/14/2016 under Order No.2909393120_1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980) Init. .2 Other documents, if any, listed below: (List here any additional documents that are intended to form pari of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAIA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) Bid Bond 5% Performance Bond 100% This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) Quentin Hart, Mayor David Roman►Sales (Printed name and title) (Printed name and title) AIA Document Al 01TH - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIN,' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of lhls Alike Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03/14/2016 under Order No.2909393120 1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980) Certification of Document's Authenticity AIA° Document D401 TM — 2003 I, Dawn M. Klingfuss, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:26:43 on 03/14/2016 under Order No. 2909393120_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101TM — 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. IgAtkAlk (Signed) R0- divIA itle ' A/twill j ; 2.01L2 (Dated) AIA Document D401TM — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA5 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:26:43 on 03/14/2016 under Order No.2909393120_1 which expires on 10/30/2016, and is not for resale. User Notes: (1681338980)