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HomeMy WebLinkAboutBlack Hawk Electrical - Ridgeway Towers LED Upgrade-10/17/2016[nit. t TJk db"AIA Document A101TN - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 25th day of October in the year 2016 (!n words, indicate day, month and year) BETWEEN the Owner: Waterloo Housing Authority, Ridgeway Towers City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 and the Contractor: Black Hawk Electrical Co 1615 Jefferson Street Waterloo, IA 50702 for the following Project Waterloo Housing Authority, Ridgeway Towers LED Upgrade. 225 W. Ridgeway Avenue Waterloo, Iowa 50701 Upgrade the facility's lighting from fluorescent to LED. The Architect: MODUS 214 East 4'h Street Waterloo, Iowa 50703 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' —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 A101--2007. Copyright O 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 11:50:33 on 10/31/2016 under Order No.5994387202 1 which expires on 08/23/2017, and is not for resale. User Notes: (1162244407) 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. 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: N/A § 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 (Paragraphs deleted) January 31, 2017 from the date of commencement.: Portion of Work Substantial Completion Date Entire Scope of Work January 31, 2017 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Paragraphs deleted) AIA Document A101 --2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIAO 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 11:50:33 on 10/31/2016 under Order No.5994387202_1 which UT expires on 08/23/2017, and is not for resale. User Notes: (1162244407) 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 Fifty two thousand, seven hundred dol lars ($ $52,700.00 ), 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: (Paragraphs deleted) § 4.3 Unit prices, if any: N/A Item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Parag/aph deleted) Item Price Basic Electrical Allowance $2,500.00 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. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 15" day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 30' day of the 30" month. If an Application for Payment is received by the Architect ager 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 laths 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, unlessobjected 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 %). 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 five percent (5 %); .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. AIA Document A1011--2007. Copyright01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe 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 11:50:33 on 10/31/2016 under Order No.5994387202_1 which expires on 08/23/2017, and is not for resale. User Notes: (1162244407) § 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 ofAiA 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 9.103 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Paragraphs deleted) N/A § 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. (Paragraphs deleted) § 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: (Paragraph deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 ] Litigation in a court of competent jurisdiction ] Other (Spec) 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. AIA Document A101TM. 2007. Copyright 81915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 T 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 17A- the maximum extent possible under the law. This document was produced by AIA software at 11:50:33 on 10/31/2016 under Order No.5994387202_1 which expires on 08/23/2017, and is not for resale. User Notes: (1162244407) § 8.2 Payments due and unpaid under the Contractshall 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. (Paragraphs deleted) § 8.3 The Owner's representative: Julie Dawson Waterloo Housing Authority 620 Mulberry Street, Suite #102 Waterloo, Iowa 50703 P: 319-233-0201 Email: julie.dawson@waterloo-ia.org § 8.4 The Contractor's representative: Tom Adamson Black Hawk Electrical Co. 1615 Jefferson Street Waterloo, Iowa 50702 P: 319-233-3387 Email: tom@blackhawkelectrical.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: N/A 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 § 9.1.4 The Specifications (Paragraphs deleted) Date Pages Section Title Date 000101 Notice of Proposed Public Improvements 0949-2016 00 1112 Advertisement for Bids 09-19-2016 00 1115 Invitation to Bid 09-19-2016 002112 Instructions for Bidders 09-19-2016 002115 Form of Proposal 09-19-2016 007200 General Conditions—AIA 09-19-2016 01 1100 Summary of Work 09-19-2016 01 1900 Contract Considerations 09-19-2016 013119 Coordination and Meetings 09-19-2016 015000 Construction Facilities and Temporary Controls 09-19-2016 260050 Basic Electrical Requirements 09-19-2016 260080 Electrical Schedule of Values 09-19-2016 Pages AIA Document A101Te —2007. Copyright 61915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to 17 a the maximum extent possible under the law. This document was produced by AIA software at 11:50:33 on 10/31/2016 under Order No.5994387202_1 which j� expires on 08/23/2017, and is not for resale. User Notes: (1162244407) 260090 Minor Electrical Demolition for Remodeling 09-19-2016 260519 Electrical Power Conductors and Cables 09-19-2016 260526 Grounding and Bonding for Electrical Systems 09-19-2016 260529 Hangers and Supports for Electrical Systems 09-19-2016 260533 Raceway and Boxes for Electrical Systems 09-19-2016 260553 Identification for Electrical Systems 09-19-2016 260923 Lighting Control Devices 09-19-2016 265100 Interior Lighting 09-19-2016 § 9.1.5 The Drawings (Paragraphs deleted) Number Title Date SheetE100 First Floor Lighting Demo Plan 09-19-2016 Sheet E101 Second Floor Lighting Demo Plan 09-19-2016 Sheet E102 Third Floor & Typical Room Lighting Demo Plans 09-19-2016 Sheet E200 First Floor Lighting Plan 09-19-2016 Sheet E201 Second Floor Lighting Plan 09-19-2016 Sheet E202 Third Floor & Typical Room Lighting Plans 09-19-2016 § 9.1.6 The Addenda, if any: Number Date Pages Addendum #1 10-04-2016 10 Addendum #2 10-11-2016 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: AIA Document E20 JT" 2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here aqv additional documents that are intended to form part of the Contract Documents. ALI 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 I 1 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 ofAL4 Document A201-2007.) Type of insurance or bond Bid Bond Limit of liability or bond amount ($0.00) 5% This Agreement entered into as of the day and year first written above. FACILITY DIRECTOR (Signature) OWNER (Signature) [CONTRACTOR (Signature) Julie Dawson Director Quentin Hart Mayor Tom Adamson Vice President (Printed name and title) (Printed name and title) (Printed name and title) AIA Document A101 T.-2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American [nit. Institute of Architects. AIT rights reserved. WARNING: This AIAa 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 / TAthe maximum extent possible under the law. This document was produced by AIA software at 11:50:33 on 10/31/2016 under Order No.5994387202_1 which expires on 08/23/2017, and is not for resale. User Notes: (1162244407) Certification of Document's Authenticity AIA® Document D401 TM — 2003 1, 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 11:50:33 on 10/31/2016 under Order No. 5994387202_1 from ATA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document Al0lTM — 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. (Signed) AIA Document D401 n" — 2003. Copyright B 1992 and 2003 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 11:50:33 on 10/31/2016 under Order No.5994387202_1 which expires on 03/23/2017, and is not for resale. User Notes: (1162244407)