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HomeMy WebLinkAboutIndependent Contractor Agreement with Custom Glass for New City Hall,e!" Document A101/ Ma - 1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT This document has important legal made as of the day of in the year Two Thousand Seven. ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has 33 East Broadway Avenue added information needed for its BETWEEN the Owner: completion. The author may also (Paragraphs deleted) have revised the text of the original CITY OF MERIDIAN AIA standard form. An Addftlons and 33 East Idaho Avenue Deletions Report that notes added Meridian, Idaho 83642-2300 information as well as revisions to The Construction Manager is: the standard form text is available and the Contractor: from the author and should be (Paragraphs deleted) reviewed. A vertical line in the left Custom Glass margin of this document indicates 254 Loop Street where the author has added Caldwell, Idaho 83605 necessary information and where the author has added to or deleted from the original AIA text. For the following Project: This document has important legal (Paragraphs deleted) consequences. Consultation with an New Meridian City Hall attorney is encouraged with respect 33 East Broadway Avenue to its completion or modification. Meridian, Idaho 83642 The 1992 Edition of AIA Document A201/CMa,General Conditions of An approximately 100,000 square foot, multi -story city hall office building with a the Contract for Construction, basement. Construction Manager -Adviser Edition, is adopted in this document The Construction Manager is: by reference. Do not use with other (Paragraphs deleted) general conditions unless this PETRA INCORPORATED document is modified. 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Paragraphs deleted) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. Ink protected Document A101/CMaTu —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This Ale 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 13:47:13 on 04/27/2007 under Order No.1 00029511 1_1 which expires on 4/4/2008, and is not for resale. User Notes: (3135361957) 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; these 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 Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) § 3.2 The Contractor shall achieve Substantial Completion of the entire Work beginning November 26, 2007 and finishing February 15, 2008 per production schedule. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all labor, material, tools, and equipment to February 15, 2008 complete the aluminum storefront and skylights as noted on the drawings and per the following: Division 1 — General Requirements Section 07920 — Joint Sealants (As Applicable) Section 08411 — Aluminum -Framed Entrances and Storefronts Section 08630 — Metal -Framed Skylights Section 08800 — Glazing (As Applicable) Section 08911— Glazed Aluminum Curtain Walls This bid package specifically includes: • Caulking the exterior of all exterior aluminum windows and storefront. • Furnish and install windowsill flashing. • Removal of all window stickers. • Glazing at aluminum windows and storefront. This bid package specifically excludes: • Mirrors. • Glazing at hollow metal frames. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) AIA Document A101/CMaTM —1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, 2 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 13:47:13 on 04/27/2007 under Order No.1000295111_1 which expires on 4/412006, and is not for resale. User Notes: (3135361957) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & N0/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Ninety Five Thousand Three Hundred Twenty One Dollars & NO/100 ($295,321.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Paragraphs deleted) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and 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. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the (Paragraphs deleted) month. § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25"' day of a month, the Owner shall make payment to the Contractor not later than the 21f day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than thirty (30) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents and approved by Construction Manager. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, when approved by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Inlf. AIA Document A101/CMa7m —1992. Copyright 01992 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, 3 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 13:47:13 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2006, and is not for resale. User Notes: (3135361957) § 5.6.1 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 total 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 may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 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% ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 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 the General Conditions. (Paragraphs deleted) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for (Paragraphs deleted) Payment. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Paragraphs deleted) § 7.3 Temporary facilities and services: (Here insert temporaryfacilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) AIA Document A101/CUaTM —1992. Copyright ®1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is (nit• 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 13:47:13 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2006, and is not for resale. User Notes: (3135361957) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager -Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager -Adviser Edition, as modified and attached hereto as Exhibit § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are identified on Exhibit A, attached hereto. Title of Specifications exhibit: (Table deleted) § 9.1.5 The Drawings are (Paragraphs deleted) those identified on Exhibit B, attached hereto. (Table deleted) § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A 3/16/07 3 Addendum B 3/21/07 2 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 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide 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.) Init AIA Document A101/CUaTm —1992. Copyright ©1992 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, 5 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 13:47:13 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3135361957) This Agreement is entered into as of the day and year first written above. OWNER CITY OF MERIDIAN, An Idaho municipal corporation a�nature) �. d G�iQehAC, (Printed a and title) (Date) Exhibits: CONTRACTOR Custom Glass A9k -7'- (Si t re) (Printed name and title) Exhibit A — Specifications Exhibit B — Drawings: Cold Shell and Core Package Sheets: AO.0,C1.1 ,C1.2, C4.1, C4.2, C4.3, L1.20, AO.0, AO.1 ,AO.2,A.3, AO.4„ AO.5, A2.00, A2.10, A 2.20, A2.30, A2.40, A2.50, A2.60, A3.0, A3.1, A3.2, A3.3, A4.0, A4.1, A4.2, A4.3, A4.4, A4.5, A5.0, A5.1A5.2, A5.3, A5.4, A9.0, A9.1, A9.2, A9.3, SO.01, 51.01, S1.02, S2.11, S2.12, S2.21, S2.2, S2.31, S2.32, S2.41, S2.42, S2.5, S3.1, S5.1, 55.2, S7. 1, 57.2, S7.3, S7.4, S7.5, S7.6, PO.0, PO. 1, Pl.1, P1.1, P2.1, P3.1, M5.0, ELOS, E1.1S `,t���+++I IIIlrrrrrer>� Exhibit C — Addendum A ����� of Exhibit D — Addendum B \ �'I"\ Approved as to Content Attest: 819A t Q T18T• William G. Berg Jr., City Clerk Keith Watts, Purchasing Agent Dated: Init.AIA Document A101/CtUaTe —1992. Copyright ® 1992 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 13:47:13 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (3135361957)