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HomeMy WebLinkAboutKramer Corporation - ' PROVED, AS Bt Standard Form of Agreement e ween Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document A101-1997 1997 Edition-Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFFED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 AIA Document A201-1997, 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 modified, This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material heroin or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the Seventeenth day of May in the year of Two Thousand (In wards. indicate day. ttumth and year) BETWEEN the Owner: {Name. address and ,ther infi, rmatian) City of Cannel One Civic Square ,- Carmel, Indiana 46032 and the Contractor (Name, address and other information) Kramer Corporation 23 Motif BIrd., Suite 301 Brownsburg, Indiana 46112 The Project is: (Name and locati~m) Interior Renovation for New I.S. Offices City of Cannel Carreel, Indiana The Architect is: (Name, address and other information) Quandt, Inc. 120 W, 7th Street, Suite 208 Bloomington, Indiana 47404 The Owner and Contractor agree as follows. 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 AIA DOCUMENT AI01 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA * COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006-5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: AI01 -- 5/31/2000. AIA License Number 113967, which expires on 7/31/2000 -- Page #1 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 8, ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent 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 unless a different date is stated below or provision is made for the date to be fixed in a notice roceed issued by the Owner. (Insert the date qr cl~mmencement i[ it differs.from the date t~ ment or. if applicable, state that the date will be ~ed in a neatice to prl~l'eed. ) The date of commencement shall be If, prior to the commencement of the ~o~rr;~~c}uires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety-two (92) days from the date of commencement, or as follows: (hsert number of calendar days. Alternatively, a calendar date may be used when t~mrdinated with the date of commencement. Unless stated elsewhere in the Contract Documents. insert any requirements for earlier Substantial Completion of certain portions t~f the Work. ) , subject to adjustments of this Contract Time as provided in the Contract Documents. ( Insert provisi.ns. ~f any, .f.r liquidated damages relating to failure to complete on time or ~r bonus payments for early completion tff the Work,) 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 Seventy Thousand Dollars ($ 70,000.00 ), subject to additions and deductions as provided in the Contract Documents. 4.:> 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 t~f accepted altetnate~. If decisions ~m other alternates are to be mttd~ by the Owner subsequent to ttxe executi~m df this Agreement, attach a schedule of such other ahernates showing the anu~unt for each and the date when that attu~unt expires) None 4.3 Unit prices, if any, are as follows: See Attachment 'A' Subcontractors & Products List ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 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. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the flint day of a month, the Owner shall make payment to the Contractor not liner than the last day of the following month. If an Applicmion for Payment is AIA DOCUMENT AI01 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the A1A and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: AI01 -- 5/31/2000. AIA License Number 113967, which expires on 7/31/2000 -- Page #2 received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ninety (90) days after the Architect receives the Application for Payment. 5.1.4 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. The schedule of values shall 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. [5.1 .!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. 5.1.6 Subject to other 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 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 shall be included as provided in Subparagraph 7.3.8 of AIA Document A201 - 1997; .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 %); Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 1i.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be farther modified under the following circumstances: .I Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and ISubparagraph 9.8.5 of AIA Document A201-1997 requires release of applit~tble retainage upon Substantial Completion af Work with consent of surety, if any.) 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 AIA Document A201-1997. !5.1 .B Reduction or limitation of retainage, if any, shall be as follows: (lf it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5. 1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitallan.) Reduction of Retainage shall be per Clauses 9,3.1.1 and 9.3.1.2 of the Supplementary Conditions. li.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. !5.2 Fllq~.L P.~YM~:IqT 1S.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which AIA DOCUMENT AI01 -OWNER - CONTRACTOR AGREEMENT ~ 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproducod without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: A. 101 -- 5/31/2000. AIA License Number 113967, which expires on 7/31/2000 -- Page #3 extend beyond final payment; and final Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Insert A: Final payment shall be made as provided in Subparagraph 9.10.6 of the Supplementary Conditions. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference 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. (Insert rate of interest agreed upon. ~f any,) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and h~cal consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Pndect and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to riMelions or miMe[italians, and also regarding requirements such tt~ written disclosures or waivers. ) 7.3 The Owner's representative is: (Name. address and other it!~>rmatitm) Joseph C. Staehler, Director of Administration City of Cannel One Civic Square Carmel, Indiana 46032 7.4 The Contractor's representative is: (Name, address and other infi~rmation) Daniel M. Sulkoske, President Kramer Corporation 23 Motif Blvd., Suite 301 Brownsburg, Indiana 46112 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. Insert B: See Supplementary Conditions 00800, Article 3.9.1. 7.6 Other provisions: None ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. 8,1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 3, 2000, and are as follows: AIA DOCUMENT AI01 -OWNER - CONTRACTOR AGREEMENT - 1997 ED1TION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: AI01 -- 5/31/2000. AIA License Number 113967, which expires on 7/31/2000 -- Page #4 Document Title Pages 00100 Instructions to Bidders 8 pages 00213 B idder's Substitution Request Form I page 00250 Pre-Bid Conference I page 00300 Subcontractors & Products List 2 pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1,3, and are as follows: (Either list the Speci[ie~tions here or rej~ r to an exhibit attached to tills Agreement.) Section Title See Attachment 'B' Pages 8.1 .S The Drawings are as follows, and are dated April 3, 2000 unless a different date is shown below: (Either list the Drawings here or reJer to an exhibit attached to this Agreement.) Number Title Date A201 Floor Plan M201 Mechanical Floor Plan E201 Partial Floor Plans Electrical 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addendura No. 1 April 17, 2000 1 page Addendure No. 2 April 27, 2000 8 pages Addendure No. 3 May 12, 2000 13 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 8. 8.'1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to [orm part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample Jbrms and the Contract,r's bid are not part qf the Contract Documents unless enumerated in this Agreement. 'Htey should be listed here only i]'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 administr ' n of the Co tract, and the remainder to the Joseph C. Staehler. Director ~f Administration (Printed name and title) Daniel M. Sulkoske. President (Printed name and tide) AIA DOCUMENT AI01 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: A101 -- 5/3112000. AIA License Number 113967, which expires on 7/31/2000 -- Page #5 MAY-l~000 10:0~ R.O~ SECTION 00300 SUeCONTRACTORS & PRODUCI~ Within 24 hours of receipt of request from Architect, each bidder so requested shall furnish one copy of the following Subcontractors and Products List and trait prices. The Owner, ArChitect and Engineer shall have the fight to choose the Stfocxmtmctor, material or equipment {or any paffic~lar item where the bidder either fails to lit same or lists more than one name for the item in question. It is intended that this list will show for each c~ntract, the manufacturer and/or supplier of all major items of work that will be subcontracted arid to whom. Unit prices are to reflect material and labor costs. After submission of thi6 list by the bidder and alter approval of name by the AKttitect, Engineer and Owner, it shall not be changed unless w~tte~ approval o~ said change is authorized by the Owllet, Architect and Engineer, and unless 6aid change results in a revision ol the contract price beneficial to the Owner. E. UNIT PRICE IS MATERIAL AND LABOR REQUIRED FOR COMPLETE INSTALLATION. F. Subcontractors ~ .Products List SubconB'nctor/ Ptodue~/ Unit suppJier !~m~uf~lur~ price 06100 Rough 06402 tnt. AtchlteCturd Woodwork 07900 Og 100 Steel ~ 08211 i~shWoodDoofs 08710 Finis~ tZard~ 09260 G)rp~mn Board Asrzmblies 09511 Acoustical C4ilin~s 0965~ Resilient Wall BasdAeces, 09900 Painting 10605 Wry' Mesh pm-thions A-9915 2000 Quandt, Inc, SUBCONTRACTORS & PRODUCTG LIST p.05 MAY-18-2000 10:88 P~sj;rimW. MECIrlAN'][C,~J~ ! 5 ! 80 D,,..~t Insulation 15400 Plumbing Fixtures 15400 Plumbing Fixture Trim 15800 Grilles, P, qis~n. Diffuscrs Subcontractor/ Supplier Manuf~ctul~r Uni~ Pri~ N/A. N/A ELECTRICAL 16110EWctrical Paceways 1614,0 B~cu'ic~l Ru~t Tmffm s N/A N/A $6'3.00 END OF SECTION A-9915 2000 Quandt, Ir~. SUBCONTRACTORS & PRODUCTS LIST 00300-2 ~Y-18-2000 10;08 May 18, 2000 Atm: CliffHuggins, AIA Project Manager Quandt Inc. 120 W. 7' Street, Suite #208 Bloomington, IN 47404-3925 P. 04 Kramer Corporation Project Management Dear Mr. Huggins, This letter is in reference to your letter dated May 17, 2000, requesting a list of Principal Subcontractors. They are as follows: · R.T. Moore - HVAC & Plumbing · S & S Electrical - Eloctfical · Apex - Fire Protection Thank you for giving us this opportunity to work with you on this project. Randy Watson Superintendent M~Y-18-~O~ 10:08 May 18,2000 Attn: CliffHuggins, AIA Project Manager Quandt Inc. 120 W. 7°a Street~ Suite #208 Bloomington, IN 47404-3925 Dear Mr. Hug~ns, Per your request, the revised bid for ARemate #1 is $2,690.00. P. 05 Kramer Corporation Pro ect ManagemenE Randy Watson Superintendent TOTGLP.05 ATTACHMENT 'B' Summary of the Work ...................................................................................................01010 Definitions and Standards .............................................................................................01060 Schedules, Rapotis, Payments ....................................................................................01150 Procedures and Performances .....................................................................................01210 Submittals .....................................................................................................................01300 Temporary Facilities ......................................................................................................01500 Products and Substitutions ...........................................................................................01631 Project Closeout ...........................................................................................................01700 Warranties ....................................................................................................................01740 Rough Carpentry ..........................................................................................................06100 Interior Architectural Woodwork ....................................................................................06402 Sealants ........................................................................................................................07900 Steel Door Frames ........................................................................................................08100 Flush Wood Doors ........................................................................................................08211 Finish Hardware ............................................................................................................08710 Gypsum Board Assemblies ..........................................................................................09260 Acoustical Panel Ceilings ..............................................................................................09511 Resilient Wall Base & Accessories ...............................................................................09653 Carpet ...........................................................................................................................09680 Painting .........................................................................................................................09900 Wire Mesh Paditions .....................................................................................................10605 Horizontal Louver Blinds ...............................................................................................12491 Mechanical Index ..........................................................................................................15000 General Provisions ........................................................................................................15010 Basic Materials and Methods ........................................................................................15050 Pipe, Valves and Fittings .............................................................................................15060 Plumbing Fixtures .........................................................................................................15400 Air Distribution ...............................................................................................................15800 Electrical Index ..............................................................................................................16000 General Provisions ........................................................................................................16010 Labeling and Identification ............................................................................................16040 Testing and Proof of Performance ................................................................................16042 Electrical Raceways ......................................................................................................16110 Electrical Wiring ............................................................................................................16120 Electrical Outlets and Junction Boxes ...........................................................................16130 Electrical Panels ...........................................................................................................16134 Electrical Wiring Devices ..............................................................................................16140 Electrical Motor Starters ................................................................................................16160 Electrical Safety Switches .............................................................................................16170 Overcurrent Protection ..................................................................................................16180 Grounding .....................................................................................................................16450 Electrical Light Fixtures .................................................................................................16510 Electrical Lamps ............................................................................................................16551 Electrical Ballasts ..........................................................................................................16552 Approved and Adopted th(~2Z~fday of CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BillyW~al'~ Dat~: 0/~ ~,g/~ ~7~ ATTEST: August 1, 2000 Mr. Daniel M. Sulkoske, President KRAMER CORPORATION 23 Motif Boulevard Suite 301 Brownsburg, IN 46112 RE: Interior Renovation for New I.S. Offices Dear Mr. Sulkoske: On June 21, 2000, the Board of Public Works and Safety approved the contract to do business with your company regarding the above-referenced project. An original, fully executed copy of that contract is enclosed for your records. Sincerely, COPY Carfie A. Groce Deputy Clerk-Treasurer Enclosure