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HomeMy WebLinkAbout78-1017 Saint Charles Street Park r r • THE AMERICAN INSTITUTE OF ARCHITECTS Igo AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Seventeenth day of October in the year of Nineteen Hundred and Seventy Eight (17, October, 1978) BETWEEN the Owner: City of Elgin 150 Dexter Court Elgin, IL and the Contractor: Landscape Contractors of Illinois, Inc. 302 Alexis Court Glenview, IL 60025 The Project: Site Improvements at the St. Charles Street Park Site Elgin, Illinois The Architect: McFadzean and Everly, Ltd. 209 S. Main St. Mt. Prospect, IL 60056 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Site Improvements at St. Charles Street Park Site, Elgin, Illinois ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced after receipt of Notice to Proceed and, subject to authorized adjustments, Substantial Completion shall be achieved 00Xic.10 t x within 90 days. (Here insert any special provisions for liquidated damages relating to failure to complete on time • AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 • ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of $29,260.00 Twenty Nine Thousand, Two Hundred Sixty and 00/100 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Base Proposal - $21,970.00 Alternate No. 1 - 2, 325. 00 Alternate No. 2 - 3, 525.00 Alternate No. 3 - 1,440.00 Total - $29, 260.00 Unit Prices : 1. Stripping and removals - $10.00 per cu. yd. 2. Furnish & spread topsoil - 10.00 per cu. yd. 3. Concrete paving - 4.00 per sq. ft. 4. Fine grading ARTICLE 5 • 50 per sq. yd. PROGRESS PAYMENTS 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 pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than fifteen days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninetypercent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (II not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) • Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ®1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract (General,Supplementary, and other Conditions', the Drawings, the Specifications, and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates vhere applicable I Bidding Requirements Notice to Bidders Instructions to Bidders Bid for Contract Conditions of Contract General Conditions (A.I.A. Form A-201, 1976 ed. ) Supplementary General Conditions (Section 130) Specifications Division 1 - General Requirements Sec. 01010 - Summary of Work Division 2 - Site Work Sec. 02110 - Demolition and Cleaning 02200 - Earthwork 02633 - Concrete Walks 02764 - Site Furniture and Apparatus 02781 - Wood Retaining Walls • 02800 - Landscaping Drawings : Sheet 1 of 1 This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR CITY OF ELGIN LANDSCAPE CONTRACT•RS OF ILLINOIS, INC. • BY N\ �J •Y MAIl'Il w1 `(\ AIA DOCUM NT A101 OWNE - ONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA ®1977 • TH AMERICAN INSTITU OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 11. 11 Bond No . D 704302 r CONTRACT BOND r I UKNOW ALL MEN BY THESE PRESENTS, That we Landscape C o n t r a c.o r s of Illinois , Inc . 1111 an individual, doing business under the firm name of as Principal, and The Stuyvesant Insurance Company a corporation organized and existing under the laws of the State of New York , with authority to do business in the State of Illinois, as Surety, are held and firmly bound unto the City of Elgin, State of Illinois, in the penal sum of Twenty-nine thousand two hundred sixty and 0/100Dollars ($ 29 . 260. 00) lawful money of the United States, well and truly to be paid unto said City of Elgin, Kane and Cook Counties, Illinois for the payment whereof we bind ourselves and each of us, our heirs and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal has by agreement dated the 17th day of 11 October 19 L entered in a contract with City of Elgin, Kane and Cook Counties, Illinois for site imnr ve ennts at S,t . ar e S reet Park SitP , FJgjn , T11 . 11 11 according to plans and specifications as prepared by the City Engineer, which plans and specifications are more fully set out in said contract and which by reference thereto is hereby made a part hereof, as fully as if specifically set out herein. 1-CB III ' III CONTRACT BOND Continued I NOW THEREFORE, the condition of this obligation is such that if the said pcipal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any I labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of constructing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all I damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold the City of Elgin and the said Council, harmless on account of any damages, and shall in all respects fully II and faithfully comply with all the provisions, conditions, and requirements of said contract, then this obligation shall be null and void otherwise it shall remain in full force and effect. IINo addition to or change in work aforesaid nor any overpayment or claimed overpayment by the City of Elgin, Kane and Cook Counties, Illinois, to con- III tractor or those claiming by, through or under said contractor and no extension of time or other indulgence, nor anything whatsoever done or omitted by said City shall operate to relieve sureties hereunder of their obligation by virtue of premises, it being the absolute and unequivocal purpose of the parties hereto Ito assure to said City full and complete performance of contract aforesaid or payment of all damages, not exceeding penal sum hereof, which may be suffered in consequence of breach or partial breach of said contract. IIN WITNESS WHEREOF, We have duly executed the foregoing Obligation this 29th day of January , A. D. 19„_29. I z • . Approved this ,�J day of ^ / dam.. u,,. S , , . I 0�` '06E 2 A. D. 192. (SEAL) 111 C. `, it Surety `. _ _ _ ,� (SEAL) BY • • ity I:nager BY `, �i lit: (SEAL) II Atto ey in Attest: BY (SEAL) II e4-"--4 pAttorney in Fact Cib Clerk Countersi!. / Municipal Seal / / IBY OA'd, .I0'464!_ Agent for Surety II 4433 W. Touhy. Lincolnwood. Ill. Address of Surety II 2-CB I ST-541 ' POWER OF ATTORNEY • THE STUYVESANT INSURANCE COMPANY New York, New York Bonding Deportment, 19C Microlob Rood, Livingston, New Jersey 07039 ITEM 1 AUTHORITY FOR NOT VALID FOR EXECUTED AND BOND IN EXCESS OF NOTARI ZED POWER NUMBER i_PSI_ TP H MACK ILL 5$100 ,000 1 -/il4ti,.,i TO ACT AS ATTORNEY-IN-FACT STATE AND NO CENTS MO. DAY YEAR individually,its true and lawful agents and attorneys-in-fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed as indicated in item 1. RnND AMOUNT, $ 29, 260. 00 . OBL I GEF, City of Elgin .VOID IF NOT CfMNLE I EO.* SPECIFICALLY AND ONLY ON BINDS EXECUTED HAVING 90% INDEMNIFICATION OF SMALL ROSINESS ADMINISTRATION. BONDS NOT EXCEEDING ONE HUNDRED THOUSAND ( $100, 000. 00) DOLLARS."rhe MM-rMMMH`N`1`MirMMM*M/* 1*,M*MM7\MMM''`M*MMT4`%F/r'4\1Ji`MM'I`M**M*r** KNOW ALL MEN BY THESE PRESENTS: That THE STUYVESANT INSURANCE COMPANY,a corporation of the State of New York,having its Executive Offices in the City of Allentown, Pennsylvania.and its Bonding Department at 19C Microlab Road, Livingston, New Jersey,pursuant to the following By-Law,which vas adopted by the Board of Directors of said Company on November 19,1958,to wit: ARTICLE III. OFFICERS Section 6.Resident Officers and Attorneys-In-Fact.The President,the Executive Vice-President,or any Vice-President shall have power and authority to appoint Resident Vice-Presidents,Resident Assistant Secretaries and Attorneys-In-Fact;and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity,and other writings obligatory in the nature thereof,and attach the seal of the Company thereto,except such seal shall not be necessary when any bond or other obligation shall be executed under a power of attorney to which the seal of the Company is attached and such power of attorney attached to such bond or other obligation. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution duly adopted by the Board of Directors of the Company on November 19, 1958: "Resolved, that the signature of the President, or any Executive Vice-President or any Vics-President and the seal of the Company may be affixed by facsimile on any power of attorney,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any'such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." THIS POWER VOID IF ALTERED OR ERASED And the execution of such-$bnOw-undertakings in pursuance of these presents,shell be as binding upon said Company as fully and amply,to all intents and purposes,as if they had been duly executgQ"and ackmawhitdged by the regularly elected officers of the Company at its Executive Offices in Allentown,Pennsylvania,in their own proper persons. IN WITNESS WHERgOa,THE STUYVESANT INSURANCE COMPANY has caused these presents to be signed by its Vice-President and its corporate seal to be hereunto affixed on the date set fortbp, THE STUYVESANT INSURANCE COMPANY � STATE OF NEW JERSEY COUNTY OF ESSEX ss' Vice-President On the month,day and year as set forth above,before me,a Notary Public in and for said county and state,personally came EDWIN P.RUBENSTEIN,to me known,who,being by me duly sworn did depose endlay that he is a Vice President of THE STUYVESANT INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he knows the seal of the sorporjtion;that the seal affixed to said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and/hat he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporation. STATE OF NEW JERSEY ( My Commission Expires June 30,1982 COUNTY OF ESSEX S ss' I,RUDOLPH P.WIPPELHAUSER,Asst.Secretary of THE STUYVESANT INSURANCE COMPANY,do hereby certify that Article III,Section 6,of Company By-Laws and Resolution of the Board of Directors as set forth in the Power of Attorney is still in full force and effect.In witness whereof I have hereunto subscribed my name on the date set forth above. (.�..�,.., P Assistant Secretary NOTE (1) A SEPARATE POWER OF ATTORNEY MUST BE ATTACHED TO EACH BOND EXECUTED. (2) POWERS OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT BUT SHOULD BE RETURNED TO THE COMPANY. 1.1114,