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HomeMy Public PortalAbout173-2011 - Metro - NSP-3 - Thor Construction -STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR CONSTRUCTION MANAGER AS ADVISER Agreement made as of the _12th day of _December , 2011. BETWEEN the Owner: City of Richmond, Indiana (by and through its Board of Public Works and Safety) 50 North Fifth Street Richmond, Indiana 47374 and the Contractor: Thor Construction Company, A Division of Carroll Electric, Inc. 1111 N.W. "T" Street Richmond, IN 47374 for the following project: Vaile Neighborhood Stabilization Project Rehabilitation construction on two (2) single family houses (also known as Base Bid Package G and Base Bid Package H) located at: 819 South 7th Street, Richmond, Indiana 829 South 9th Street, Richmond, Indiana The Construction Manager: Crane, Inc. P.O. Box 1823 Richmond, Indiana 47375 The Owner and Contractor agree as follows. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT Contract Number 173-2011 1 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 Modifications, 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 § 3.2 The Contract time shall be measured from the date of commencement § 3.3 Time is of the essence. As such, the Work shall commence within seven (7) days after the Construction Manager delivers the purchase order to Contractor. The Contractor shall achieve Substantial Completion (as defined in § 9.8.1 of the AIA232-2009 General Conditions) of the entire Work not later than One Hundred Fifty (150) Days after the date of commencement of the Work as set forth in Contractor's response to the invitation to bid. In the event services are still being performed and the Work is not Substantially Completed (at any of the location addresses listed in this Agreement) by Contractor under this Agreement, liquidated damages in the amount of Two Hundred Dollars ($200.00) per day for each day past the time for completion as set forth above will be deducted from Contractor's retainage. Subject to adjustments of this Contract Time as provided in the Contract Documents. 2 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 a stipulated sum, in accordance with Section 4.2 below. § 4.2 Stipulated Sum §4.2.1 The Stipulated Sum shall be Two Hundred Eighty-one Thousand Six Hundred Dollars and Zero Cents ($281,600.00), subject to additions and deletions as provided in the Contract Documents. Contractor understands, acknowledges, and agrees that the Stipulated Sum is contingent upon the availability and receipt of funds or program income from the NSP-3 grant money. Contractor understands, acknowledges, and agrees that in the event the availability and receipt of funds or program income from the NSP-3 grant money by the Owner is terminated or suspended, the Owner has the discretion to terminate this Agreement as provided in Section 14.4 of AIA Document A232- 2009 (General Conditions). §4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: On December 1, 2011, Contractor was awarded the amount set forth in §4.2.1 above for the completion of services as set forth in the October 10, 2011 Bid Specifications ("Bid Specifications"). §4.2.3 Unit Prices, if any, are set forth in the Bid Specifications. §4.2.4 Allowances included in the Stipulated Sum, if any, are set forth in the Bid Specifications ARTICLE 5 PAYMENTS §5.1 Progress Payments §5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and issuance by the Construction Manager, 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 Construction Manager not later than the 7th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th day of the next 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 60 days after the Construction Manager receives the Application for Payment. §5.1.4 Progress Payments Where the Contract Sum is based on a Stipulated Sum §5.1.4.1 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 and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, unless objected to by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.4.2 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. §5.1.4.3 Subject to the 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 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 §7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitable 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 Construction Manager has withheld or nullified a Certificate for Payment as provided in §9.5 of the General Conditions. 11 §5.1.4.4 Reduction or limitation of retainage, if any, shall be pursuant to Indiana Code 36-1-12-13, as applicable. §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 Contract when the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 (General Conditions) and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate for Payment or Project Certificate for Payment has been issued by the Construction Manager; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment. ARTICLE 6 DISPUTE RESOLUTION §6.1 Initial Decision Maker The Construction Manager will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 (General Conditions). §6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document 232-2009 (General Conditions), the method of binding dispute resolution shall be litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION §7.1 Where the Contract Sum is a Stipulated Sum §7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 (General Conditions). §7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 (General Conditions). ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 (General Conditions) or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract share 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. One percent (1%) §8.3 The Owner's representative: Tony Foster, Director of Department of Metropolitan Development 50 North Fifth Street Richmond, IN 47374 §8.4 The Contractor's representative: Daniel Stamper, President Thor Construction Company A Division of Carroll Electric, Inc. 1111 N.W. "T" Street Richmond, IN 47374 §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: This document (Contract Number 173-2011) attaches and incorporates the following: Neighborhood Stabilization Project Guidelines; Project Program; Owner's Additional Information; AIA Document A232-2009 (General Conditions); and Contract Documents. 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 executed Agreement Between Owner and Contractor, Contract Number 173-2011. §9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. §9.1.3 The Supplementary and other Conditions of the Contract: See attached "Contract Documents" which are listed in order of precedence, and incorporated by reference. §9.1.4 The Specifications: October 10, 2011, Bid Specifications ("Bid Specifications") and their associated drawings were provided to Contractor, which Bid Specifications are on file in the office of the Construction Manager and in the office of the Department of Metropolitan Development for the City of Richmond, and are incorporated herein by reference. §9.1.5 The Drawings: 31 The Bid Specifications associated drawings were provided to Contractor, which Bid Specifications are on file in the office of the Construction Manager, and are incorporated herein by reference. §9.1.6 The Addenda, if any, are attached to the Bid Specifications. 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 are: .1 AIA Document A132TM-2009, Exhibit A, Determination of the Cost of the Work, if applicable or attached. .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit. .3 AIA Document E202TM-2008, Building Information Modeling Protocol Exhibit, if completed. .4 Other documents are listed on the attached "Contract Documents" which are listed in order of precedence, and incorporated by reference. ARTICLE 10 INSURANCE AND BONDS Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence 7 Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each aggregate IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "OWNER" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: S/S Vicki Robinson Vicki Robinson, President By: S/S Dian Lawson Dian Lawson, Member By: S/S Anthony L. Foster, II Anthony L. Foster, II, Member Date: December 8. 2011 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: December 9, 2011 "CONTRACTOR" Thor Construction Company, A Division of Carroll Electric, Inc. 111 NW "T" Street Richmond, IN 47374 By: S/S Daniel D. Stamper Printed: S/S Daniel D. Stamper Title: S/S President Date: December 12. 2011