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HomeMy WebLinkAboutAIA DOCUMENT A101 - 2007 RESOLUTION 2008-411 i I # AIA 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 Nineteenth day of May in the year Two Thousand Eight (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other in City of Waterloo This document has important legal Waterloo Leisure Services Comm]scion consequences. Consultation with 1101 Campbell Ave. an attorney is encouraged with Waterloo, IA 50701 respect to its completion or modification. AIA Document A201 TM-2007, General Conditions of the and the Contractor: Contract for Construction, is adopted in this document by (Name, address and other information) reference. Do not use with other Air Systems Heating & Cooling, Inc. general conditions unless this 915 Center Street document is modified.` Cedar Falls, IA 50613 for the following Project: (Name, location, and detailed description) 2008 Riverfront Stadium Kitchen Hood and Exhaust Fan 850 Park Rd. Waterloo, IA 50703 The el}it-ee Engineer (Name, aren othformation) Gilmordd& Doyless a d , Ltd in 214 E. 4th Streeter Waterloo, IA 50703 The Owner and Contractor agree as follows. Init. AIA Document A101 TM—2007.Copyright©1915, 1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991, 1997 and 2007 by The American Institute of Architects.All rights reserved. .y;a :This AlA®Document is protected by U.S.Copyright Law and International Treaties. i Unauthorized reproduction or di< x Document,or any portion of it,may result in severe civil and criminal penalties,a prosecuted to them aximum extern:, the law. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. t � 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. AIA Document A101TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967.1974,1977,1980,1987,1991,1.997 andal 2007Tre b.yThe Init. s. 2 American Institute of Architects.All rights reserved.WARNING:This AIA®Document is prate enaation and will be Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may r. penalties, prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §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.) , 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 Nineteen thousand seven hundred thirty & 00/100 Dollars($19,730.00 ),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 identification 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: (Identify 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 §4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Price 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. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The 'nit. American Institute of Architects.All rights reserved.WARNING:This AIP®" f ,rpr,° I1.S.Copyright Law and International Treaties. 3 :,rized reproda+ distributio r this AlA®Document,or aevere civil and criminal penalties,and will be _.ac;uted to the mak xtent possic,e under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §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 fifthteenth ( 15th)day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the fifteen ( 15 )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 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 percent( 10 %).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 A201TM-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 percent( %); .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: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from 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.) Init. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 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. 4 on or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be .uteo :um extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §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: 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 Li 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. Init. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AlA®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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 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) Rick Curran City of Waterloo, Iowa Waterloo Leisure Services Commission L10�1 Campbell Ave. Waterloo, IA 50701 §8. The Contractor's representative: (Name, address and other information) Brett Behrends Air Systems Heating & Cooling, Inc. 915 Center St. Falls IA n orNeithr tnOwr 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 00 7200 General Conditions April 2008 1 00 7300 Supplementary General Conditions April 2008 6 §9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages See attached index AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951 1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.':YARNING r=-r oht Law and International Treaties. 6 Unauthorized. r distribution A Docur and criminal penalties,and will be prosecuted to' ,ant possiL :r the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date ME1 Riverfront Stadium Kitchen Hood 4-11-08 §9.1.6 The Addenda,if any: Number Date Pages N/A 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 E201 TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any,listed below: (List here any additional documents that are intended to form part 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 of AIA Document A201-2007.) This Agreement entered into as of the day and year first written above. C OWNER(Signature) (�ry-'' CONTRACTOR(Signature) 7 dt..crIey, lriaynr s-/9-oF (Printed name and title) P' 'A-n . , iv �1 .�e9 (Printed name and title) CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. Init. AIA Document A101TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987Law ,1991, 1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is'protected byU.S.Co nd 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.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To 7 report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. TABLE OF CONTENTS GD- DIVISION 00 00 0101 NOTICE OF PROPOSED PUBLIC IMPROVEMENTS 1 00 1112 ADVERTISEMENT FOR BIDS 1 00 1114 NOTICE TO BIDDERS 1 00 1115 INVITATION TO BID 1 00 2113 INSTRUCTIONS TO BIDDERS 1 00 2114 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 3 00 2115 FORM OF PROPOSAL 2 00 7200 GENERAL CONDITIONS-AIA 1 00 7300 SUPPLEMENTARY GENERAL CONDITIONS— 6 ARTICLE 15 GD- DIVISION 01 01 1100 SUMMARY OF WORK 3 011200 ALLOWANCES 01 1600 MATERIAL AND EQUIPMENT 2 2 01 1900 CONTRACT CONSIDERATIONS 2 01 3119 COORDINATION AND MEETINGS 3 01 3200 PROGRESS SCHEDULES 01 4000 QUALITY CONTROL 2 01 5000 CONSTRUCTION FACILITIES AND TEMPORARY 4 4 CONTROLS 01 7000 CONTRACT CLOSEOUT 2 008 Riverfront Stadium Kitchen Hood and Exhaust Fan Renovation /aterloo, IA Bidding Information Table of Contents