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HomeMy WebLinkAbout1999-192s • • T 11,E A M E R I C A N 0" I N S T I T U T E P] O F A R C II 1 1' E C 1' S 99 -Na AIA Doctitnent A101 Standard - Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION W1771 ANA TTORNEY IS ENCOURAGED WIT11 RESPECT TO ITS COMPLETION OR MODIFICATION. 7750 1987 Edition of AIA Document A201, General Conditions of the Contract fur Construction, is adopted in ibis document by reference. Do not tae witb other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twenty first day of June in the year of Nineteen Hundred and ninety nine. BETWEEN the Owner: Indian River County Department of Emergency Services (Naete and a(ldress) 1840 25th Street Vero Beach, Florida 32960 and the Contractor: Speegle Construction, Inc. (Nanny and address) P.O. BOX 2089 Cocoa, Florida 32923-2089 The r)roject Fire/ru ."i a" an M � bunin. tt G51098VB ) `1 t wa n) 2555 93rd Street (Nwne unit Axuuwq Vero Beach, Florida 32963 The Architect is: Edlund & Dritenbas Architects, P.A. (Nanteand addrm) 65 Royal Palm Blvd. Suite "B" Vero Beach, Florida 32960 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Insthole of Arch4 tecls, 1735 New York Avelnle, N.W., Washington, D.C. 20006. Reproduction of the material hcrein or subsauaial yuoullon "fits provisions without written permission of the AIA violates the copyright laws of the United States and will be subject w legal prosecutlon. AIA DOCUMENT AI01 • OWNER-CONTRACI'OII AGREEMENT • TWP.LFril EDITION • AIAO • 019H7 TIIE AMERICAN INST1T11THOPARCIIITEC 1'S, 1735NEW Y011KAVENUE, N.W., WASIIINGI'ON, D.C. 21NND6 A101-1997 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 areas 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 negotlations, 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 specincally Indicated In the Contract Documents to he the responsibility of others, or as follows: All work shall be by the Contractor. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement Is the date from which file Contract Time of Paragraph 3.2 Is measured, and shall be tile 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 to proceed issued by the Owner. a notice (/,sell the date of ranone,cenre,r, If It d/Jfers frons The date of the. Agreernm I or, tf app/(cab/e, stale that (be date u,l/l /x J/xec! !n a ,,price ro prareed) The Date of Commencement will be the first day following the issuance of the Building Permit. Unless the Elate of commencement is established by a notice to proceed issued by the owner, file Contractor shall notify the Owner in writing not less than five (lays before commencing the Work to permit the timely filing of mortgages, me(hanic's liens and other security Interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than lot,# Person The calendar elate ornumber oJcalonrlanlays offer tre aab o//couunencemnrL Also lnserl arty rrqulrement+/urearller SabarnnNu!Cnneptrrinn riser• rale )ntllrms tJ fbe Work, V not elated elseu•bere In the contract Bacumeals.) (300) Three hundred consecutive calendar days following the "Notice to Proceed" as issued by the Owner. Substantial completion shall be as defined in Section A, item 21, of the Instructions to Bidders. , subject to adjustments of this Contract Time as provided In the Contract Documents. (Insert""'("IS, /J auy, far lbprialatell donmges relate to/jilt//¢ to son 1,lete on (erne. Additional days will be granted the Contractor tlor recorded rain days, delays caused by the Owner, additional work by Change Order, or due consideration due to fire or storm damage. Liquidated damages shall be $350.00 for each additional day required to achieve substantial completion. AIA DOCUMENT A/01 • OWNER CONTRACTOR AGREEMENT' • TWELFTH FIIITION • AIAO • ©1987 1'ttE AMERICAN INSTITUTE OFARCIiI'1'F.CI'S,17)35 NEW YORK AVENUE, N.W., WASIIINGTON, D.C. ZiXft AIOI-1987 2 G l 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 Seven hundred seventy one thousand and 00/100 Dollars (S 7715000.00 ), subject to additions and deductions as provided In the con• tract 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 numbor or other Identification of ocuplyd alternates. If dedrlons another alternates are to be mode by Ibe Owner subseyuent In Ibe —t rlmn t f this Agreement, anacb a schedule of such other alternates sbuteing The amount for each ana (be date ioa ll tebfcb Char amount Is twlld.J No alternates will apply for this project. 4.3 Unit prices, If any, are as follows: No unit prices will apply for this project. No allowances will apply for this project. AIA OnCUMENT A101 - OWNER (IONI'RA(.rOR AGREEMEN'l' - TWEI.FI'll 1!1)11'ION - AIA9 - ©1907 1'I0i AMERICAN INSI'1"1'11'I'I!Op ARCIIITEC-1'5, 1735 NEW YORK AVENIIP,N.w, WASIIINGTON, U.C. 21KK16 A101-1987 3 40 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: One calendar month shall be the payment period. 5.3 Provided an Application for Payment Is received by the Architect not later than the twenty fifth ( 25th day of a month, the Owner shall make payment to the Contractor not later than lite tenth (10th) clay of the fol l owing month. If an Appllcatlon for Payment is received by the Architc •t after the application date fixed above, payment shall be made by the Owner not later than fifteen (M 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 rcqulre.'I'hls Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. l 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period lcovered 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 perce ( 10 %). Pending final determination of cost to the Owner of changes In the Work, amounts not In dispute may bme 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 lite Owner, suitably stored off lite site ata location agreed upon In writing), less retainage of ten percent ( 10 %); 5.6.3 Subtract the aggregate 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 Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined In accordance with Paragraph 5.6 shall be further nrodifird t ... i— hp_. circumstances: - 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to Increase the tout payments to one hundred percent( 100 %) of the contrlct 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 full of the Contractor, any addiliunal amounts payable In accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction ur IlnMltation of retainage, if any, shall be as follows: (lilt Is lnlemled, prior W Substantial Cimrplel(un (f ibu entire I0,14, m reduce car Until Me retat—gu resN(btg (rum Ibe /rrrseua( grs laser led In .1Lbp,um graphs 5. (.l Bud 5.6.1 above, mol Ibis is ual expblbavl elseu•bere lit the Contract p(aaraeals, fart ben• f,rorisiuns/nr sorb re,lr(rlhur or linrllalinn j Retainage shall remain 10% through substantial completion. AIA DOCUMENT A70t - OWNER -CONTRACTOR AGREEMENT - TWP.1.FrII EDITION - AIA* - C)1787 -- TItE AMERICAN INSI'ITIVIT OFAIICIII'1'ECTS, 1735 NEW Y[)IIK AVENUE. N.W. WASIIINGTON• D.C.:IaH16 A101-1987 4 40 ARTICLE 8 (� 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 Contractors 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, t r -as -k )m: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference Is made in this Agreement to a provision of the General Conditions or another Contract Document, die ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documenis. 7.2 payments due and unpaid under life Contract shall bear Interest from the date payment Is due at the rate stated below, or In life absence thereof, at the legal rale prevailing from time to time at the place where the Project Is located, (insert rate 46aerest agreed upon, l/any.) Ten percent (10%). (Ussery nd laws and ruilalrvmnas ander the pcderai 7'rWb in Lvnd/n Acl, shnnnr Naly and local ranrlm+er credit hoes and albur rogulonl th uus ae Oov+er's a fonrrudor's /n/ndpul plural +J bnsbwtr, the location of the Praec/ mrd v/sewbary nwy aL/ors rbv lw/ldiry r/ ibis pn+v/lino. Lrgur+Well u sln+ald fx abtab+w! wllb resp -1 0 delvl/nns ar modificallons, and also regarding reyulrvmenls nab as written disdosiovs or uwnvrs.) %.5 Other provisions: Addition Change Orders will be charged at 15% profit & overhead. Deductive Change Orders will be credited at 10% profit & overhead. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided bn Article 14 of the General Condilion�. 8.2 The Work may he suspended by the Owner as provided in Article 14 of lite General Conditions. AIA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT • TWL'LFI'll LDIT1ON • AIA- • (9J 1987 7'IIEAMElil(:ANINS'1'1'1'll'1'f:OFAE1:111'1'Ela:S, 1735NEW YORK AVENIIE, N.W., WASIIINGON, U.C. 2114106 A101-1907 5 IIIIIIIII ARTICLE 9 i ENUMERATION OF CONTRACT DOCUMENTS �•v 9.1 The Contract Uucuulents, except for hi0diflcatlons Issucd alter execution of tills Agreement, are enumerated as follows: 9.1.1 The Agreenlem Is tills executed Slandard Foran of Agreement Between owner and Contractor, AIA We unlcnt A101, 1987 li(Iltion. 9.1.2 The General Conditions are the General Conditions of the Contract for Consinlctlon, AIA Document A201, 1987 li(II(lon. 9.9.3 The Supplementary, an(1 other Conditions of the Contract are those containe(I In the Pro)cct Manual clale(I 26 April 1999 and are '.is follows: Document '11,111C Pages Section G General Conditions 4 Section H Supplementary General Conditions 3 9.1.4 The speclticaNnns are Ihose cunlallied In the Project Mail"al dated as In Subparfgrapll 9.1.}, ;inti are as follows: (/iflLrv' U ll�r (/!(r.f/.../r I"-- .(%.r� $cellon ..r refer "1 q./ .•.01bil .11l..,'L.•d f.. this Am. eru..... Tille A. Instructions to Bidders & Notes to Contractors Pages 8 B. Bid Proposal Form and List of Subcontractors A.I.A. Form G-805 4 C. Bid Bond - A.I.A. Form A-310 I D. Performance Bond and Payment Bond -A.I.A. Form A-312 6 E. Contractors Qualificatinn Stata�ni- A.I.A. Form A-305 6 F. Contractors General Notes 1 J. Sworn Statement under Section 105.08. Indian River County Code, on Disclosure of Relationships 2 K. Florida Statutes on Public Entity Crimes Sworn Statement under Section 287.133 (3) (n) 3 L. 'Technical Specifications Divisions 2 thru 16 AIA DOCUMENT A101 • UWNI`It CON17tA(;]011 AG1MBIEN'1 . 'I WI:I, FIN KWON • AIA- • C119117 -- '1'111i ANIERa.AN INSI'1'1'll'I'1:01 ARCA TECIS, 17yS NEW N'OIIK AVI'.N[11:, N.W., WASHING ION, 11.(:. Laix)(i AIOI-1987 6 • • I 9.1.5 The Drawings are as follows, and are dated (Eltber list the Drawings bete or r fer to an esWbtt attached to Obis Agreement.) Number Title ABB thru A-10 Architectural S-1 thru S-4 Structural P-1 thru P-3 Plumbing M-1 thru M-2 Mechanical E-1 thru E-4 Electrical C-1 thru C-4 Civil L-1 thru L-2 Landscape IR -1 thru IR -2 Landscape 9.1.8 The Addenda, If any, are as follows unless a different rime is shown below: Date 5 Mar & 26 Mar 99 with revisions 26 Mar. 99 with revisions 5 Mar. 1999 5 Mar. 1999 5 Mar. 1999 15 Jan. 1999 15 Jan. 1999 15 Jan. 1999 Nuruber Date Pages #1 18 May 1999 1 #2 24.May 1999 6 w/attachments #3 26 May 1999 1 Portions of Ad(Icllda relating to bidding requirements are nol part of file Contract Docunlenls unless the bidding; requirements ne also enumerated In this Anicle 9. AIA t10CUMFNT A101 • OWNE&O C( )N OR AtntITMEN'r • TWIAT'I'11 FDH ION • AIA- • C) 19H7 .1. IE AMERICAN INSl'1'ftI'IliOI'AH(a11'rEc Is, 1735 NEW YORK AVENUE, N.W. WASIIINGI'ON, 1). C. NHNp, A101-1987 7 s 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (Ust here any additional docametus mblcb are Intended to form part of tbe Contract Documents. Tbe Cenral Conditions provide lbta bidding rer edrements such as ttdt@r!lfCllnent or invitation to bid, htstnnrttans to Bidders, sampple forum and the Contractor's bid are not part of The Contract loctanents unless enumerated in ibis Agn ement. 77ey sbould be ttstcVl bere only If baemded fu Le Darl of the Contract Documents.) Hone.. M 0M t'u�cheseq Mpr ---r—r This Agreement Is entered Into as or the clay and year first wrluen above and Is executed In at least three orlgblul copies of which one Is to be dellvered to die Contractor, one to the Architect for ase In the alminlstradon of the contract, alld die renjaindcr Ill Ile Owner. Owner. mergencyy Services District O9nneth oard f C;gun Commissioners 'R. Macht, Chairman Approved by, the BCC 20. Wrinled Ritmo and lith) CONT'RACT'OR Lu Anne Willis, Vice President (Prinhrtl name and lith) --- -- atA OCK7UMENT A101 • oWNER CONTRAC 1.011 AGREEMENT • "1'WELFI'il ENI'I'tON • AIA* • t6J IYR7---A—�--- — ---^-- 'I'11E AMERICAN INSTI I'll'rE OF ARCnI'1'E(:15, 1715 NI -.W YOI(K AVE.NIIE, N W., WASIIIN(i -tiN, 1) c. ic"m A101-1987 8