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HomeMy WebLinkAbout1998 S Purchasing - Warren - Hay Mechanical Engineers Heat and Air Conditining System replacement 02-03-1998-9dT H E A M E R I C A N I N S T I T U T E COPY +r 3 DIST: ____ ~~G AIA Document 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 WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adapted in this document by reference. Do not use with 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 Seventeenth day of Nineteen Hundred and Ninety E i gh t BETWEEN the Owner (Name and address) Orange County P.O. Box 8181 Hillsborough NC and the Contractor: (Name and address) oa~o~~ ~'~ ~~~ O F A R C H I T E C T S oRIGiN~'~L SIGNA'T[?RES February 27278 Warren-Hay Mec%ianical Contractor's, Inc. 214 Millstone Road Hillsborough, NC 27278 in the year of The Project is: Air Canditianing Renovation (Name and location) GOVCrnlllent SCT'ViCCS Annex Hillsborough, NC Engineer The ~~t is: Gary Merritt, PE (Name and address) 2517 FOXWOOd Drlve Chapel Hill. NC 2714 The Owner and Contractor agree as set forth below. Copyright 1915, 1)18, 1925, 1937, 1951, 1958, 1961, 1963, 196?, 1974, 1977, ©1987 b}' The American Institure of Archi- rects, 1735 New York Avenue, N.W., Washington, D.C. 20000. Reproduction of the material herein or substantial quotation of its provisions without written permission of the ALA ciolares the copyright laws of the Cnited States and will be subject to legal prosecution. AIA DOCUMENT A101 • OlY'tiER-COtiI'RAC'rOR AGREE~1F.N"I~ • TVC'EiLFTH F.DI"f10A AIA' • ~~19R~ THE A~1F.RICA1 INSTI"I~l'TF: OF ARCHITF.CTti, L i5 NEVC' YORK ACESNI'G, A.VG'_, U'ASIIINGTUN, D.C. 3tN~~K~ A~~~'1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 oragreements, 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 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. (/assert the date of commencement, ij it differs from the date of this Agreement or, ij applicable, state that the date will be fixed to a notice to proceed.) Date will be fixed in a notice to proceed 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 than 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 One hundred twenty days (/nsert the calendar date or number ojcalendar days after the date ojcommencement. Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, ij not stated elsewhere in the Contract Documents.) subject to adjustments of this Contract Time as provided in the Contract DocLU,ments. (/nsert provisions, a any, for liquidated damages relating toJai[ure to com [ete un time. Tjle Contra etor3nQ the Contractor's surety, if any, sha~l be ~.iable for and shall pay thw Cwner the s;~r!ts hereinarter stipulated as liq!~idated damages for each calendar day of delay until the Work is substantially completes Four Hundred Dollars ( $400.00 } AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • A(A° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 2(H)tX A101-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in cuFrent funds for the Contractor's ormance of the Contract the Contract Sum of Ninety Nine Thousand=Nine Hundred and 0~~100 Dollars ($ ~99 ~ 9~0 ~ 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 numbers or other identijication ojaccepted alternates. /j decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule ojsuch other alternates showing the amount jor each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: AIA DOCUMENT A101 O~Y'NER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA~ • CiI)R7 THE AMERICAN INtiTITCTE OP ARCHITECTS, I'35 NEVG' YORK A~'ENl'E, N VC`_ WASIi1NGTON, D.C. 30Up(i Al O1'1987 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 twenty fifth day of a o44 the~Owner shall make payment to the Contractor not later than the fifteenth ~y of the ~'Ol OW l~onth. 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 tWerity 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 Paymeni. 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 ~~ riork by the share of the total 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 the dispute maybe 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 t e ri 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 modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to O rie hundred percent ( 10 0 %) 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: (!J it is Amended, prrar to Suhstrunia! Completion of the entire Work, to reduce or limit the retainage resultingJrom the percentages inserted in Subpara- graphs 5.6. ! curd 5. G.3 ahore, and this is not explained elseu~bere in the Contract Documents, insert here provisions Jor such reduction or limitation.) AIA nOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAm • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, I?35 NF.W YORK AVENGE, N.W., WASHINGTON, D.C. 2(NH)6 A101-1lA7 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 (I) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subpazagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessazily 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, or as follows: 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 ref- erence 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 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. (/nsert rate of interest agreed upon, ij any.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulatiora at the Owner's mzd Contractor's principal places of business, the location of the Project and elsewhere may ajject the validity ojthis 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: 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. AtA DOCUMENT A101 • OW'VFR-COti"fRACTOR AGREF:~1F.tiT • TW'ELF'fH EI>ITIO\ • .41A ~ > 19H' THI{ AMF.RICAti INSTI'rl~'i F. OP' AKCIiITECTS. I~iS tiBVC~ YORK .AA'F~I~F. ~ u , ~X~A~IIISGTOX, D.C. 3000Ci A1t)1-1987 ~J WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of chis Agreement, are enumerated as follows: 9.1.1 The Agreement is this 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 November 5 ~ 1997 ,and are as follows: Document Title Pages 00030 Supplementary General Conditions 12 00040 Instructions To Bidders 1 00050 Supplementary Instructions To Bidders 2 00070 Form Of Proposal 2 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 Division 1 Division 15 Division 16 General Requirements Mechanical Electrical 20 42 18 AIA DOCUMENT A101 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AlA° • ©1987 THE AMERICAN INSTITliTE OF ARCHITECTS, 1735 NEW YORK AVENliE, N.W., WASHINGTON, D.C. 20006 A101-1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9.1.5 The Drawings are as follows, and are dated November ~ ~ 1997 unless a different date is shown below: (Lrther list [he Drnu~iugs here or refer to me exhihlt attached to this Agreenu•ut.) Number Title Date H-1 First Floor Renovation Plan H-2 Basement /Crawlspace Demolition `tan H-3 Basement /Crawlspace Renovation Plan H-4 Mechanical Piping Renovation & Details & Sch's E-1 Electrical Renovation Plans 9.1.6 The addenda, if ant-, are as follows: Number Date Pages 1 November 25, 1997 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. AIA DOCUMENT A101 • OU'\F:K-C(7tiTRACTOR AGRF.tilfEti"f • TVF'F.LF'I'll EUI"I'l(ri AL4~' =; 1~J>i' THE AMERICAA IAtil'ITl'"1'E OF ARCHfI'ECTti, I'i5 tiE~' PORK .4A'F.VI'F.. ~ IX'., ~%"ASfll'~'G'fUti. ILC_ 1UU(K~ A~O~-987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended tojorm part ojthe Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms arut the Contractor's bid are not part of the Contract Documents unless enumerated in this agreement. They should be listed here only ij 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. (Signature) / 4 ar ar~.c~ ocur~ ~.ha i v (Pn'nted me and title) ~/~ _. '~ l~0ivv ~. (~A u/pv-~ ~~~~~e~~ (Printed name nd title) i i CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOWMENT Ato1 •OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION •AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 8 WARNING: Unlicensed photocopying violates U.S. copyright. laws and is subject to legal prosecution.