Loading...
HomeMy WebLinkAbout85-0531 Old Main 7s- oS3k THE AMERICAN INSTITUTE OF ARCHITECTS 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 Thirty First day of May in the year of Nineteen Hundred and Eighty Five BETWEEN the Owner: City of Elgin 150 Dexter Court Elgin, IL 60120 and the Contractor: Lamp Incorporated 460 North Grove Elgin, IL 60120 The Project: Handicapped Accessibility, Old Main Building 350 Park Street Elgin, IL 60120 The Architect: Burnidge, Cassell and Associates 1750 Grandstand Place Elgin, IL 60120 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. MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • MA® ©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.) Handicapped Accessibility for the "Old Main" Building, 350 Park Street, Elgin, Illinois 60120. ARTICLE 3 • TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced by June 1, 1985 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) 154 calendar days beyond June 1, 1985 (November 1, 1985) . Should the General Contractor fail to perform the Work by November 1, 1985 the General Contractor shall pay the Owner, as liquidated damages and not as a penalty, the following amounts per day beyond the date established unless the Contract Time is extended by the Owner. Up to Substantial Completion $200.00 From Substantial Completion to Final Completion $100.00 The Owner, shall have the right to deduct liquidated damages from any monies retained or to sue for and recover compensation for damages for nonperformance of the Contract within the time stipulated. 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 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 One Hundred Seventy One Thousand Thirty Dollars ($171,030.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates, and unit prices, as applicable.) Lump Sum ARTICLE 5 • 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 Six 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 °4,) 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 one Hundred percent (100 %) 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. (If 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.) After work has reached 50% completion, additional retainage will not be withheld so that at substantial completion, retainage will be 5% of the contract amount. 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.) Not applicable (Usury laws and requirement, under the Federal Truth in Lending Act, similar stale 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 elssei,here may affect the validity of this provision Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as iirater)disclosures or n niers I AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • )UNE 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 Condition,of the Contract (General,Supplementary, ,urd other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates ishcre applicable I This Standard Form of Agreement General Conditions of the Contract for Construction, AIA Document A201, 1976 Edition except items 7.9, 7.9.1, 7.9.2 and 7.9.3 on Arbitration which shall be deleted. Supplemental Conditions of the Contract for Construction Divisions 1 through 16 inclusive and supplements regarding "Equal Opportunity" and wage rates following Division 16 in the Specification booklet. Sheets C-1, A-1 through A-6, M-1 thru M-4 and E-1 thru E-3 of the Drawings Proposal Form Information for Bidders Addendums #1 and #2 This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR City of Elgin Lamp Incorporated AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • EI EVEN 111 EDITION • JUNE 1977 • AIA` ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 4 April 3, 1985 MEMORANDUM TO: Bob Malin, Acting City Manager Mike Sarro , Purchasing Director FROM : Planning Department RE : Old Main Handicapped Accessibility Project On April 2 , 1985 the bid for the referenced project was opened. The low bid was submitted by Lamp Inc . for $189, 000 . As you are aware , this project is a component of several Housing and Community Development Block Grant (HCD) budget=_; FY-82 , FY-83 and FY-84. As such , there is a standard contingency amount built into the overall fiscal year budget=_ to deal with project cost overruns . These contingencies are generally set at approximately 10 percent per project . Consequently, approximately $13,000 is readily available to cover cost overruns for the referenced project . This is based upon an estimate of total project cost of $127,700 as provided by the Elgin Area Historical Society during the respective HOD hearinos . A portion of the specified work included in this bid package is ineligible for HCD funding as it does not directly relate to the handicapped acce=ssibility for the structure . The architect estimates that this work accounts for approximately $12, 000 of the total bid price . The remaining $177,000 , or some alternate negotiated amount , must be covered from the HOD budget if the project is to proceed. The staff has researched every conceivable avenue for HCD fund reallocation to support the project . We have determined that a total of $35,605 can be secured by trimming all FY-82 , FY-83 and FY-84 contingent:• amounts to the maximum extent . If utilized, this funding approach will require City Council approval , the republication of project statements, formal notification to the Department of Housing and Urban Development (HUD) and changes to the program year budgets . While consuming some time , staff does not view this procedure as particularly difficult or unusual . However , it must be noted that such an action will result in a very limited contingency budget for the remaining FY-83 and FY-84 HCD projects. The FY-82 budget is substantially expended. Also a point of consideration is the fact that the resulting Old Main HOD budget ($163,305) may contain no effective contingency amount to deal with project overruns and subsequent change orders . s Beyond the above , the only recourse for further HCD funding would be the exclusion of an existing project . If this course of action is chosen , the following criteria should be considered : 1 . Cast Inflation - While all projects suffer some cost inflation due to federal funding, some experience this effect to a greater degree . Such projects are inherently less desirable in federal budgets . 2. Budget Size - The project to be eliminated must have a remaining allocation sufficient to cover the Old Main shortfall and should ideally be able to supply a reasonable contingency amount . 3 . HUD Pressure - The ongoing, principal concern of all federal funding agencies is the rapid expenditure of funds . Some projects , for a variety of reasons, have experienced long delays in execution . The only projects presently in the HCD workload that satisfy all of the above criteria are the Poplar Creek Levee Acquisition and the Headstart Acquisition . Dropping a project from the HOD budget would require City Council approval . RKD BURNIDGE,CASSELL AND ASSOCIATES,P.C. ARCHITECTS AND LAND PLANNERS 1750 GRANDSTAND PLACE ELGIN, ILLINOIS 60120 312-695-5840 Charles H. Burnidge Charles W.Cassell Gerald K. Bunting Ronald E. Dalluege Chris W. Morecraft Charles M. Hanlon Steve M. Vacherlon April 4, 1985 Mr. Robert Maim Acting City Manager Elgin City Hall 150 Dexter Court Elgin, Illinois 60120 Dear Mr. Maim: On April 2 the bids were opened on the Accessibility Standards portion of the Old Main remodeling. The only bid received was frcin Lamp, Inc. The bid package was canplete and the amount of the bid was $189,393. The top figure for a bid that would be within the range of the block grant funds and the Historical Society's contribution would have been $175,005.00. Four contractors picked up the bid package but for various reasons three chose not to bid. The course of action that needs to be addressed by the City Council is whether to negotiate with Lamp, Inc. in an attempt to negotiate a contract at approximately $175,005.00, or rebid the bid package. Lamp indicated that he knew his bid was high for a number of reasons and felt it could be reduced through additional sub bids and through working with the City staff and architect. I would recammnd that the City Council authorize the staff and the architect to work with Lamp, Inc. to obtain a negotiated contract that is within the budget. If a negotiated contract cannot be reached, I would recommend that the bid package again be rebid. Thank you again for the time and effort you and the planning department have put forth on the Old Main project. Sincerely, les H. Burnidge lA44+ CHB/M w cc: Mrs. Mary Huddleston Mr. Ben Rifken CHANGE Distribution to: ORDER OWNER ❑ ARCHITECT ❑ AIA DOCUMENT G701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: Handicapped Accessibility CHANGE ORDER NUMBER: 1 (name, address) Old Main Building 350 Park, Elgin, IL 60120 INITIATION DATE: 11-14-85 TO (Contractor): ARCHITECT'S PROJECT NO: 8435 Lamp, Inc. CONTRACT FOR: General Contractor 460 North Grove Avenue Elgin, IL 60120 J CONTRACT DATE: 5-31-85 You are directed to make the following changes in this Contract: A keyed switch in the elevator cab will be necessary to control the elevator cab access to the third floor. ADD $156.00 TOTAL ADD $156.00 eft Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Grraraitteed-Maxitwt+rt-E-ost4 was $ 171,030.00 Net change by previously authorized Change Orders $ 0.00 The (Contract Sum) (6tiarrarrteee} nnr t-Cbstt)-prior to this Change Order was $ 171,030.00 The (Contract Sum) ( raa4ee4l�4axi txn-East) will be (increased) (eleereesec})-(nrtrFra-rrged)- by this Change Order $ 156.00 The new (Contract Sum) ( oranttedlvtaximzrm Cost)-including this Change Order will be $ 171,186.00 The Contract Time will be (itrereased+-( eereased-) (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is unchanged Authorized: Burnidge.Cassell & Assoc. Lamp. Inc. City of Elgin ARCHITECT CONTRACTOR OWNER 1750 Grandstand Pace 460 North Grove Avenue 150 Dexter Court Address Address Address Elgi , IL 60120 Elgin, IL 60120 Elgin, IL 60120 BY el191 /311A4114' BY # e BY DATE DATE DATE AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIA® • © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 G701—1978