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HomeMy WebLinkAboutPlumbTech - Ridgeway Towers Boiler Replacement - 6.21.21.pdfInit. Document A101°- 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Tenth day of June in the year Two Thousand Twenty -One (Paragraph Deleted) BETWEEN the Owner: (Paragraph Deleted) Waterloo Housing Authority 620 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-233-0201 Fax Number: 319-291-4288 and the Contractor: (Paragraph Deleted) Plumb Tech Inc. 3261 West Airline Hwy. Waterloo, Iowa 50703 Telephone Number: 319-233-5616 Fax Number: 319-233-5737 for the following Project: (Paragraph Deleted) FY 2021 Ridgeway Towers Boiler Replacement 225 Ridgeway Ave., Waterloo, IA. This project consists of replacing (3) gas fired boilers and an alternate bid to replace (2) associated pumps. The Engineer: (Paragraph Deleted) MODUS Engineering 214 E 4th Street Waterloo, Ia 50703 Telephone Number: 319-235-0650 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. The parties should complete A101®--2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®-2017, 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 AIOI®- 2017. Copyright() 1915, 1918,1925, 1937, 1951, 1958, 1961,1963, 1967, 1974, 1977, 1987, 1991,1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:32 ET on 07/07/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, a -mall copyright@aia.org. User Notes: (3B9ADA3E) 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 EXHIBIT A 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 docutnents listed in this Agreetnent, and Modifications issued after execution of this Agreement, all of which foram 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 Woik 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: (Paragraph Deleted) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Paragraph Deleted) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion AIA Document A1010 — 2017. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:32 ET on 07/07/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA3E) 1 i § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Paragraph Deleted) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ X ] By the following date: September 30, 2021. § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of' the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date Replacing (3) gas fired boilers September 30, 2021 § 3.3.3 I£ the Contractot fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Conti act Sum in current funds for the Contractor's performance of the Contract, The Contract Sum shall be Eighty -Nine Thousand Nine Hundred Ninety Dollars and Zero Cents ($ 89990.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Replace (2) associated pumps Price 15,978.00 § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Paragraph Deleted) Item § 4.3 Allowances, if any, included in the Contract Sum: (Paragraph Deleted) Item Price Changes during construction period 5,000 § 4.4 Unit prices, if any: (Paragraph Deleted) Price Conditions for Acceptance Item Units and Limitations Price per Unit ($0.00) N/A § 4.5 Liquidated damages, if any: (Paragraph Deleted) $500.00 per day past Substantial Completion date Init. AIA Document A1010— 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:32 ET on 07/07/2021 under Order / No.0594029435 which expires on 01/07/2022, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentso Terms of Service. To report copyright violations, e-mail copyright©aia.org. User Notes: (3B9ADA3E) 1 1 Init. § 4.6 Other: (Paragraph Deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the engineer by the Contractor and Certificates for Payment issued by the engineer, 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 engineer not later than the 15th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the engineer after the application date fixed above, payment of the amount certified shall be made by the Ownet not later than Thirty ( 30) days after the engineer receives the Application for Payment. (Paragraph Deleted) § 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 by such data to substantiate its accuracy, as the engineer may require. This schedule of values 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 In accordance with AIA Document A201TM-2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; . 2 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; and . 3 That portion of Construction Change Directives that the engineer determines, in the engineer's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the engineer has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the engineer may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. AIA Document A1010 — 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "Ai 01," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:32 ET on 07/07/2021 under Order No.0594029435 which expires on 01/07/2022, Is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@ala.org. (3B9ADA3E) User Notes: 1 1 1 1 Init. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Paragraph Deleted) 5% § 5.1.7.1.1 The following items are not subject to retainage: (Paragraph Deleted) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (Paragraph Deleted) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld fiom prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Paragraph Deleted) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 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 Article 12 of AIA Document A201-2017, and to satisfy othet requirements, if any, which extend beyond final payment; and . 2 a final Certificate lot Payment has been issued by the engineer. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the engineer's final Certificate for Payment, or as follows: § 5.3 Interest 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. (Paragraph Deleted) AIA Document A1010— 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and °AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:32 ET on 07/07/2021 under Order No.0594029435 which expires on 01/07/2022, Is not for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: (3B9ADA3E) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The engineer will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (Paragraph Deleted) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A2012017, the method of binding dispute resolution shall be as follows: (Paragraph Deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, 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. 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 A201-2017. § 7.1 1 If the Contact is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Paragraph Deleted) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Paragraph Deleted) Julie Dawson 620 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-233-0201 Fax Number: 319-291-4288 AIA Document A1010 — 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:32 ET on 07/07/2021 under Order No.0594029435 which expires on 01/07/2022, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, a -mall copyright@ala.org. (3B9ADA3E) User Notes: 1 1 Init. § 8.3 The Contractor's representative: (Name, address, email address, and other information) Zach Behrends 3261 West Airline Hwy. Waterloo, Iowa 50703 Telephone Number: 319-233-5616 Fax Number: 319-233-5737 Email Address: ZachB@ptinc.us § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101T"t-- 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A 101 TM-2017 Exhibit A, and elsewhere in the Contract Documents, § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (Paragraph Deleted) § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: . 1 AIA Document A 101TM-2017, Standard Form of Agreement Between Owner and Contractor . 2 AIA Document A l 01TM-2017, Exhibit A, Insurance and Bonds .3 AIA Document A201Tm_2017, General Conditions of the Contract for Construction .4 AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Paragraph Deleted) . 5 Drawings Number . 6 Specifications Title Date Section Title Date Pages See attached sections AIA Document AIOI®— 2017. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:43:32 ET on 07/07/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA3E) Init. .7 Addenda, if any: Number Addendum ill Date 06/09/2021 Pages 1 page Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Paragraph Deleted) [ ] AIA Document E204T"1-2017, Sustainable Projects Exhibit, dated as indicated below: (Paragraph Deleted) [ ] The Sustainability Plan: Title Date [ ] Supplementary and other Conditions of the Contract: Document .9 Other documents, if any, listed below: (Paragraph Deleted) Pages Title Date Pages This Agreement entered into as of the day and year first written above. Qven4;n H�.�-F si�Eo OWNER (Signature) Kelley �elchle OWNER (Signature) JtJ a 1)a_w5ow gr OWNER (Signature) Quentin M. Hart, City of Waterloo - Mayor, Kelley Felchle, City of Waterloo - City Cleric & Julie Dawson, Waterloo Housing Authority - Executive Director (Printed name and title) CONTRACTOR (Signature) Zach Behrends, Mechanical Estimator - i' & ,47,«u.OS t l �es;c-Les (Printed name and title) AIA Document A1010— 2017. Copyright m 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects, All rights reserved, The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. Thls document was produced by AIA software a1 10:43:32 ET an 07107/2021 under Order No.0594029435 which expires on 0110712022, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, a -mall copyrigh►@ala.org. (3139ADA3E) User Notes: