HomeMy Public PortalAbout174-2011 - Metro - NSP-3 - Trademark ConstructSTANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
CONSTRUCTION MANAGER AS ADVISER
Agreement made as of the 9th day of _December
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:
Trademark Construction, LLC
189 Fort Wayne Avenue
Richmond, IN 47374
for the following project:
2011.
Vaile Neighborhood Stabilization Project
Construction of three (3) new houses on vacant lots and demolition and construction of
one (1) new house (also known as Base Bid Package F) located at:
219 South loth Street, Richmond, Indiana
222 South loth Street, Richmond, Indiana
136 South I Ith Street, Richmond, Indiana
626 South 8th 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
Contract Number 174-2011
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2 THE WORK OF THIS CONTRACT
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.
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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 Six Hundred Sixty Thousand Five Hundred
Dollars and Zero Cents ($660,500.00), 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 25, 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.
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§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:
Terry L. Robinson
Trademark Construction, LLC
189 Fort Wayne Avenue
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 174-2011) 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 174-2011.
§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 25, 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:
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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
Section 1. Bodily Injury
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
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$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $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"
Trademark Construction, LLC
189 Fort Wayne Avenue
Richmond, IN 47374
By: S/S Terry L. Robinson
Printed: S/S Terry L. Robinson
Title: Owner
Date: December 9, 2011