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HomeMy WebLinkAboutArchitects Design Group Agreement Police Department Improvements -2003 11 18~„ ~~`HE AMERICA INSTITUTE O ARCHITECTS ~~rljll~~!~~;, O ~~ . i ~~Ir '~~\~;~ s1~,1~\ _. ~. AIA Document A101 Standard Form of A reement Between g Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY /S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, 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 mod~ed. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the ~ ~~"~- day of /~/dUFr^~`"~ F 'E Two Thousand and Three. BETWEEN the Owner: City of Winter Springs, Florida (Name and address) and the Contractor: (Name and Address) The Project is: Winter Springs Police Department Improvements (Name and location) The Architect is: Architects Design Group, Inc. (Name and address) 333 North Knowles Avenue Winter Park, Florida 32789 The Owner and Contractor agree as set forth below. in the year of Copyright 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 10006. Reproduction of the material herein or substantial quotation. of its provisions without written permission. of the AIA violates the copyright laws of the United States and will be subJect to legal prosecution.. AIA DOCUMENT A101 OWNER-CONTRACTOR AGREEMENT . TWELFTH EDITION • AIA® • ©1987 A101-1987 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 646-02 ©A.D.G., Inc. 2003 00500-1 • 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 i Contract as ff 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, :The Contract Documents which bind this particular contract are further defined as the a) Project Manual as listed in Articles 9.1.3 and 9.1.4 of this contract. b) Drawings as listed in Article 9.1.5 of this contract. c) Addenda as listed in Article 9.1.6 of this contract. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, 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.) Date of Commencement to be fixed in the Notice to Proceed letter, further described in the Instructions to Bidders subparagraph 9.2.1. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less that five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (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.) 180 days after Notice to Proceed, added to 30 days for Final Completion. 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.) In the event Substantial Completion is not achieved within the Contract Time, the Contractor shall pay to the Owner the sum of Five Hundred ($500.00) Dollars for each calendar day after the Contract Time until the Date of Substantial Completion. In the event Final Completion is not achieved within the Contract Time, the Contractor shall pay to the Owner the sum of Five Hundred ($500.00) Dollars for each calendar day after the Contract Time until the Date of Final Completion. These amounts are agreed upon as the proper measure of liquidated damages, which the Owner will sustain day-to-day for the failure of the Contractor to complete the work on time and is not to be construed in any sense as a penalty. The Owner may withhold and retain the liquidated damages from the compensation due the Contractor". Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, O.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws. of the. United States. and will be subject to legal prosecution. AIA DOCUMENTA101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION . AIA® ®7987 A101-1987 2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 646-02 ©A.D.G., Inc. 2003 00500-2 S ARTICLE 4 • CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of dollars 1 ~$ •- (7 .~ t3 Q U - ), subject to additions and deductions as provided 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 decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) N/A 4.3 Unit prices, if any, are as follows: N/A 3 Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENTA101 OWNER-CONTRACTOR AGREEMENT • TWELFfHEDiT10N •.AIA® ©1987 A101-1987 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,. N.W., WASHINGTON, D.C. 20006 646-02 ©A.D.G., Inc. 2003 00500-3 • ARTICLE 5 • PROGRESS PAYMENTS 5.1 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment to the Contractor not later than the last 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. 5.4 Each Application for Payment shall be based upon the 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 and 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. 5.5 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: 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 ten percent(10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 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 ten percent (10%); 5.6.3 Subtract the aggregated of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 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 One Hundred percent (100%) of the Contract Sum, less such amounts as the Architect shall determine 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 Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American. Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENTA701 • OWNER-CONTRACTOR AGREEMENT TWELFTH EDITION ..AIA® • ®1987 A101-1987 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 646-02 UO A.D.G., Inc. 2003. 00500-4 ' • ARTICLE 6 • FINAL PAYMENT - Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractorwhen (1) the Contract has been performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, eras-fellews: Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENTA701 OWNER-CONTRACTOR AGREEMENT TWELFTH EDITION • AIA® .01887 A101-1987 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 646-02 ©A.D.G., Inc. 2003 00500-5 • 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. i 7.2 Payments due and unpaid under the Contract shalt 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.) Zero (0) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission. of the AIA violates the copyright laws of the United States and will. be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION AIA® • ®1987 A101-1987 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 646-02 ©A.D.G., Inc. 2003 00500-6 ' ~ , • 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. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENTA101 OWNER-CONTRACTOR AGREEMENT TWELFTH EDITION AIA® 01987 A101-1987 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 646-02 ©A.D.G., Inc. 2003 00500-7 ~, , 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated September 14, 2001, and are as follows: Document Title Pages (See attached Project Manual Table of Contents and all documents listed thereon) 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages (See attached Project Manual Table of Contents and all documents listed thereon) 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date (See attached Drawing Index and all documents listed thereon) ARTICLE 9 E~ERATION OF CONTRACT DOCUMENTS 9.1.6 The Addenda, if any, are as follows: Number Date Pages 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.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER ( ignature) (Printed name and title) CONTRACTOR tune) ~ (Printed name and title) Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENTA101 OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION •.AIA® • ®1987 A101-1987 8 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 646-02 ©A.D.G., Inc. 2003 00500-8 C~ MEMORANDUM TO: Andrea Lorenzo - Luaces, City Clerk ~' FROM: George Edwards, Capital Projects Coordinator _ ~t~/ RE: Police Buildin4 Expansion Documents GGNN Project #ITB 001-04/JW DATE: December 2, 2003 Transmitted herewith are the following executed documents for your files: 1) Notice of Award 2) Agreement 3) Notice to Proceed 4) Bonds 5) Insurance ACORD CERTIFICAl~ nr ; OF LIABILITY INSURAP~ `~E DATE (MM/DD/YYYY) 0810712003 PRODUCER Amsle Insurance Services Inc. Y 160513th Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Cloud FL 34769 INSURERS AFFORDING COVERAGE NAIC # INSURED WILLIAMS BUILDERS INSURER A: ZURICH US 3975 GLASSMAN RD. INSURER B: HARTFORD INSURER C: ST. CLOUD FL 34772 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 OOO 000 A X X COMMERCIAL GENERAL LIABILITY SCP37033017 1012012002 1012012003 DAMAGE TO RENTED ( a accure $ 300 000 CLAIMS MADE a OCCUR MED EXP An one arson $10 000 PERSONAL & ADV INJURY $ 1 000 000 GENERAL AGGREGATE $ Z 000 OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 OOO OOO POLICY X PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X X ANY AUTO SCP37033017 1012012002 1012012003 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ A X X OCCUR ~ CLAIMS MADE SCP37033017 1012012002 1012012003 AGGREGATE _ $ UMBRELLA $ 2,000 000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- X B EMPLOYERS' LIABILITY P E 38WBGGB8191 0712612003 0712612004 E.L. EACH ACCIDENT _ $1 000 000 ROPRIETOR/PARTNER/EXECUTIV ANY OFFICER/MEMBER EXCLUDED'? E.L. DISEASE - EA EMPLOYEE $ 1,000 000 If yes, describe under P CIAL PR VISIONS below E.L. DISEASE -POLICY LIMIT 000 000 $ 1, OTHER A BUILDERS RISK BR46561537 0112312003 01/2312004 $272,960 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS LISTED AS ADDITIONAL INSURED Project: Sunshine Park Restroom Replacement CERTIFICATE HOLDER CANCELLATION CITY OF WINTER SPRINGS SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION 1126 EAST STATE RD 434 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN FAX-1.407-327.7180 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL WINTER SPRINGS, FL 32708 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) (/ ©ACORD CORPORATION 1988