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HomeMy WebLinkAbout88-0718 Northwest Group 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 Eighteenth day of July in the year of Nineteen Hundred and Eighty-eight. BETWEEN the Owner: City of Elgin 150 Dexter Court Elgin, Illinois 60120 and the Contractor: Northwest Group, Inc. 609 E. Chicago Street Elgin, Illinois 60120 The Project: Site Development for the Community Crisis Center 37 South Geneva Street Elgin, Illinois 60120 The Architect: Kaltenbach and Ferenc 17 Douglas Avenue Elgin, Illinois 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. 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 the (Here insert the caption descriptive of the Work as used on other Contract Documents.) Site Development for the Community Crisis Center, 37 South Geneva Street, Elgin, Illinois ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced upon notification to proceed and, subject to authorized adjustments, Substantial Completion shall be achieved not later than forty—five (Here insert any special provisions for liquidated damages relating to failure to complete on time.) calendar days thereafter. 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 Seventy-four Thousand, Three Hundred Eighty-eight and no/100 Dollars ($74,388.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Combined Bid $74,388.00 Contract Sum $74,388.00 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 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 (3/0) 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 ninety-five percent ( 95 %) 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.) 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 where applicable.) Instruction to Bidders, dated June 3, 1988 General Conditions, dated June 3, 1988 Supplementary General Conditions, dated June 3, 1988 Specifications, dated June 3, 1988 Drawings - Sheet A-1, dated or revised June 3, 1988 Contractor's Proposal, dated June 30, 1988 This Agreement, dated July 18, 1988 This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR CITY F ELGIIN NORTHWEST GROUP, INC. t By — ,`,� --_____ , 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 4 di... '- l iUkf STATEWIDE INSURANCE COMPANY • IMO P.O. BOX 799 • 325 NORTH GENESEE ST. WAUKEGAN, ILLINOIS 60085 312/662-0073 • PERFORMANCE AND PAYMENT BOND Bond #BISC81172 KNOW ALL MEN BY THESE PRESENTS, That we Northwest Group, Inc. , as Principal, (hereinafter called Principal) and STATEWIDE INSURANCE COMPANY, an Illinois corporation, with principal offices in Waukegan,Illinois , as Surety, (hereinafter called Surety), are held and firmly bound unto City of Elgin , as Obligee, (here- inafter called the Obligee) in the amount of Seventy four thousand three hundred eighty eight and no/100 74,388.00 ) Dollars ($ for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal did on the day of 19—_., enter into a written contract with said Obligee for Site Development for Community Crisis Center which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to (a) faithfully perform said contract and (b) pay all just claims for labor and material furnished in the com- pletion of said Contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed by the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. (3) All suits at law or proceedings in equity to recover on this bond must be instituted within six months after the completion of said contract, and in any event within twelve months from the date fixed in said contract for its completion. l ftS SIGNED, SEALED AND DATED this 20 day of July 19 Northwest Group, Inc. (Seal) 41Pe`AN • 1-25: . . Principal 41117 STATEWIDE INSURANCE COMPANY aMIF I.O$O MO•.ITS MOII,M GENESEE St MAUI(EGAM.IL LATS GOOS5 )1>ME674]73 - B106(4/83) B7 l G�'Y au is Attorney-in-tact. STATEWIDE INSURANCE COMPANY - P.O. BOX 799 • 325 NORTH GENESEE ST. WAUKEGAN, ILLINOIS 60079-0799 312/662-0073 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That STATEWIDE INSURANCE COMPANY,an Illinois stock insurance corporation, does make constitute and appoint ENN P. S APA: USr1 . r . CA RON, THr RESA A. KOCH, WILLIAM CAHILL, VALERIE J. i;C +.1 LEY, NANs Y LEVREDGE, LAURA BUC IAK, SUSAN C. MADDEN AND MOLLY ,'MO7tSN EACH or H I N$DALE, I LIB I CIOI its true and lawful Attorney(s -in-Fact, with full power an authority for an on e a of the company as surety,to execute and deliver and affix the seal of the comAany thQrelqi al js rg4y e, bp p tak rl s,re cognizances or other written obli atio�n in the nature h r f foll L 1. WR 1 fV 1 1.4 A.•f AMU:3Nd I NOT TO t A . EC} Atd �U� �t GA OF ONE MILLION ($1, COO, OGO. OJ) DOLLARS FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF I NSTRUN NTS ISSUED FOR THE OBLIGATION and to bind STATEWIDE INSURANCE COMPANY thereby,and all of the acts of said Attorneyls)-in-Fact,pursuant to these presents,are ratified and confirmed. This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the STATEWIDE INSURANCE COMPANY,Waukegan, Illinois,at a meeting duly called and held on the 27th day of September, 1979. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President, a Senior Vice President or a Vice President of the Company be,, and that each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of STATEWIDE INSURANCE COMPANY, Waukegan, Illinois, bonds, undertakings and all contracts of suretyship;and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach hereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof, the STATEWIDE INSURANCE COMPANY, Waukegan,,Illinois, has caus jts.official seal to be198 grugto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Secretaries this o day of AY . ATTEST: STATEWIDE INSURANCE COMPANY SEAL ' 1979 lll C By 1(552 Ralph W.Swank,Jr., Secretary R.L. Drake, Vice President STATE OF ILLINOIS ) COUNTY OF LAKE On this2ATH dayof HAY 1903 personally came before me,R.L.Drake and Ralph W.Swank,Jr.to me known to be the individuals and officers of the STATEWIDE INSURANCE COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. /y ///J •'PO..A 4•,,• , /" {�' / ) ••�:'NOIAgy'.Z Pueuc Elizabeth yan, Notary Public • My Commission Expires: ''` ..... 3RD OF JULY, 1990 CERTIFICATE I, the undersigned Assistant Secretary of the STATEWIDE INSURANCE COMPANY, an Illinois corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the By-Laws of the company and the Resolutions of ' the Board of Directors set forth in the Power of Attorney,are now in force. Signed and sealed at the City of Waukegan this 20 day of July , 19 88 NS�RA.y�'• :W3!`QPPO Rq lF��q; f SEAL VV.. ,sus "rypj.. Ralph W.Swank, Assistant Secretary l' • ' 'C.ERTIFICATE OF INSURANCE (REVISED) This cer:liica e ,s :s>_e: 2> 2 •••.•:e' 0: inJ•'^a:lzn On:\ and CCn:r•c n0 r, nt$ upon :ne aC-.'essee. I: ooes not amend. extend Or a'ler the co\erace a�c,•ced n% :ne DOnhes lisle: below. , Name and sccress c: insured Northwest Group, Inc. Co►v.A•,rs Al1ORDi C co‘'IS.GE P.O. Box 66728, AMF O'Hare, Chicago, Il 60666 A American Country Insurance Covering (Project Name and Location) Site Development 6or Community Crisis Center I s ( C it • Addressee: r Ci f Elgin n t lo(0..,,,,, Y o E g I D 150 Dexter Court Elgin, Illinois 60120 E 1 L J F il This is to certify that the following described policies, subject to their terms, conditions and exclusions, have been issued to the above named insured and are in force at this time. T'r?t OF it:SL'.A::CE I co. FOUCY ExemATioN I Limas or tiAIIIUTY IN THOUSA�MDS E^`� i �GGgEGATE CODE NUMtER DATE OCCURRC04Ct 1. (a) %.'1or►•.ers' Compensation I I t O _Suiuiory I r"'•::`. (b) E•oio er A ELl87 1 ( 4/8r 8. `l .. 500 `. n.it r#"n�� 4 2. Comprehensive General Liability including: Bodily Injury , S • S • • t Premises-Operations RI Independent Contractors i Property Damage S S ' ' ( ) Products and Completed t Operations • ' • • cip Broad Form Property Bodily Injury S 1 ,000 52,000 " ' ' ' Damage and Property 1;4 Contractual Liability A CMP1113 4/8/89 Damage Combined ❑ Explosion and Collapse • Hazard i .. 0 Underground Hazard -Applies to Products and Completed S Personal Injury with Operations Hazard (Personal Injury) i I Employment Exclusion ;. _ Deleted • 3. Comprehensive Automobile Bodily Injury S Liability (Each Person) • �J Owned bodily Injury S ..•'.*:'' CA.Hired A CBA1329 4/8/89 (EacliAccident) .:::...'....:.:.....; '`''•'" _ 0.1 :ion-Owned Properly Damage I S i Bo d,ll Injury S 1 ,000 and Property Damage Combined 4. Excess Liability ! I Bodiiv Injury I S 5 ,000 I $ 5,000.. t ($ Umbrella Form A I ACE0200 i 4/8/89 and Property • ❑ Other than Umbrella Damage Combined S. Other (Speciiy) Additional Insureds: City of Elgin (Owner) and Kaltenebach & .Ferene (Architects) - 1. Products and Completed Operations coverage xvill be maintained for a minimum period of tE3 1 0 2 year(s) after final 1 payment. 2. Has each of the above listed policies been endorsed to reflect the company's obligation to notify the addressee in the event 1 of cancellation or non-renewal? ❑ Yes 0 No t .~ CERTIFICATION ' I hereby certify :hat I am an authorized representative of each of the insurance companies listed above, and that the cover- ages afforded under the policies listed above will not be cancelled or allowed tp expire unless thirty (304 days written notice has been given to the addressee of this certificate. ! • Schwartz Brothers Insurance Agency, Inc. ,fix ti ' / 1-1 • Name of Issuing Agency Si_ :ere o Au y rizcd Represer,;,2tj✓e. ' 135 S. LaSalle St. ;,August 11, 1988 Aririr.“ Date•ls1 Issue Chicago, illinnic • _ _. __ _. AlA DOCUMENT C70 • c(RTitlCATE Or INSURANCE • NOvEMsER Ts:a EDITION • AIA Q • ED 15:5 Cri����Si$ THE AmERICAN INSTITUTE OF ARCHITECTS. 1:3) NEW 1'0%.t; AVEr:UE. N.W., svASHIr:GTON, D.C. :Da%