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HomeMy WebLinkAboutRES.521.05-07-1990 � 1 BILL N0. 90- 112 RESOLUTION N0. �� � A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR WITH KIEFNER BROTHERS, INC. FOR CONSTRUCTION • OF NEW FIRE STATION N0. 2 ON MOUNT AUBURN ROAD BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : ARTICLE 1 . The Citv Mana4er , for and on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a Standard Form of AQreement Between Owner and Contractor with Kiefner Brothers , Inc . for construction of New Fire Station No . 2 on Mount Auburn Road . A copv of said AqrEement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS /� DAY OF y , 19��`. � I � , F ancis E. Rhodes , Mayor ATTEST: _ � Juli . e Depu y Ci y Clerk THE AMERICAN INSTITUTE OF ARCHITECTS OZU AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, 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. AGREEMENT 9frc- made as of the _ day of May in the year of Nineteen Hundred and Ninety / i BETWEEN the Owner: City of Cape Girardeau, Missouri (Name and address) City Hall 401 Independence P.O. Box 617 Cape Girardeau, MO 63702-0617 and the Contractor: (Name and address) Kiefner Brothers, Inc. 1459 North Kingshighway Cape Girardeau, MO 63701 The Project is: (Name and location) A New Fire Station No. 2 Mount Auburn Road Cape Girardeau, MO 63701 The Architect is: (Name and address) Phillips/Dudley/Associates, Inc. 310 Broadway Cape Girardeau, MO 63701 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue,N.W.,Washington,D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written 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 • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 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 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 execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will he fixed in a notice to proceed.) This contract date is to establish the date of 'Notice to Proceed' Contractor shall start work within 10 days of this contract. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) 300 Consecutive calendar days , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,Jur liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Five Hundred Twenty—One Thousand, Five Hundred Dollars ($ 521,500.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 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 of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Base Bid - $ 506,600.00 Add Alt. No. 2 1,200.00 Add Alt. No. 8 13,700.00 Total $ 521,500.00 4.3 Unit prices, if any, are as follows: A. Earth Excavation, Backfill, Fill or Grading required: Ten Dollars ( $ 10.00 ) per cubic yard B. Open Rock Excavation by machines including Disposal: One Hundred Dollars __ ( $ 100.00 ) per cubic yard C. Trench Rock Excavation including Disposal: Three Hundred Fifty Dollars ( $ 350.00 ) per cubic yard AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 3 ARTICLE 5 191) PROGRESS PAYMENTS 5.1 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: Calendar month shall end on the 20th day of the month. 5.3 Provided an Application for Payment is received by the Architect not later than the Seventeenth 17th day of a month,the Owner shall make payment to the Contractor not later than the Tenth ( 10th ) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than Forty—Five (45) days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the 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 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. 5.5 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. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 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 Ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 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 percent( %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to N/A percent( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 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 the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (1f it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) On completion of fifty (50%) percent of the work there will be no further retainage of the value of work in place and materials stored on the site if in the opinion of the Owner/Architect the work has progressed satisfactorily. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any, which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, maxxamourzx ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence 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, if any.) N/A (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.Legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: N/A ARTICLE 8 TERMINATION OR SUSPENSION rim) 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 5/22/89 And revised 12/4/89 & 3/26/90 , and are as follows: Document Project Manual Title Supplemental Conditions Pages 4 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages See Exhibit No. 1 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 6 9.1.5 The Drawings are as follows, and are dated 5/22/$}12/1}/$9-3/26/9 ss a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date G-1 TITLE SHEET, SHEET INDEX, SYMBOLS & ABBREVIAT'IONS A-1 AREA PLAN, SITE PLAN, SITE DETAILS & BUILDING PLAQUE A-2 FLOOR PLANS PER BASE BID & EXTERIOR ELEVATIONS A-2a FLOOR PLANS PER ADD AL'U RiNATE NO. 7 A-3 BUILDING SECTIONS A'=1t BUILDING SECTIONS & WINDOW TYPES A-5 WALL SECTIONS A-6 WALL SECTIONS A7 ENLARGED STAIR PLANS, SECTIONS & WALL DETAILS A-8 DOOR SCHEDULE, DOOR & FRAME TYPES, DOOR & WINDOW DETAILS, AND FINISH SCHEDULE A-9 ENLARGED PLANS & INTEHIOR ELEVATIONS, & MISCELLANEOUS DETAILS A-10 MILLWORK DETAILS, WALL?PARTITION TYPES & MISCELLANEOUS DETAILS 8-1 FOUNDATION PLAN PER BASE BID & DETAILS S-la FOUNDATION PLAN PER ADD ALTERNATE NO. 7 S-2 FIRST FLOOR FRAMING PLAN & DETAILS S-3 ROOF FRAMING PLAN & DETAILS MPE-1 SITE PLAN & PANEL BOARD SCHEDULE MP-2 FLOOR PLANS & BUILDING SECTIONS E-2 LIGHTING & POWER PLANS MP-3 EQUIPMENT SCHEDULES MP-4 FLOOR PLANS PER BASE BID 9.1.6 The Addenda, if any, are as follows: Number Date Pages 1 APRIL 27, 1990 2 2 APRIL 30, 1990 1 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. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 7 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) n 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 administration of the Contract,and the remainder to the Owner. OWNER City of Cap Gi rdeau CONTRACTOR Kiefner Brothers, Inc. iroto,..a .,,,, (Sig ui (Signature) rsJ onald Fischer E. K. Kiefner , City Manager President (Printed name and title) (Printed name and title) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 8 EXHIBIT NO . 1 PROJECT MANUAL TABLE of CONTENTS BIDDING REQUIREMENTS Notice to Bidders Instructions to Bidders Proposal Form GENERAL CONDITIONS OF THE CONTRACT General Conditions of Contract for Construction (AIA A201 ) Contractor ' s Qualification Statement (AIA A305 ) Performance Bond (AIA A312 ) Payment Bond (AIA A312 ) Standard Form of Agreement Between Owner and Contractor (AIA A101 ) Wage Rates Contractor ' s Insurance Scope of Work Alternates SUPPLEMENTAL CONDITIONS SPECIFICATIONS DIVISION 01 GENERAL REQUIREMENTS 01 000 GENERAL 01 100 ADMINISTRATIVE PROVISIONS 01 300 SUBMITTALS 01 400 QUALITY CONTROLS 01 500 CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 01 600 MATERIALS & EQUIPMENT 01 700 CONTRACT CLOSEOUT 1 of 5 TABLE OF CONTENTS DIVISION 02 SITE WORK 02 000 GENERAL 02 100 SITE PREPARATION 02 200 EARTHWORK 02 300 SUBSURFACE INVESTIGATIONS & FOUNDATION RECOMMENDATIONS DIVISION 03 CONCRETE 03 000 GENERAL 03 100 CONCRETE FORMWORK 03 200 CONCRETE REINFORCING & ACCESSORIES 03 300 CAST-IN-PLACE CONCRETE 03 400 PAVEMENT MARKING DIVISION 04 MASONRY 04 000 GENERAL 04 100 MORTAR AND GROUT 04 200 MASONRY ACCESSORIES 04 300 UNIT MASONRY 04 500 MASONRY WATERPROOFING DIVISION 05 METALS 05 000 GENERAL 05 100 STRUCTURAL STEEL 05 500 METAL FABRICATIONS 2 of 5 TABLE OF CONTENTS DIVISION 06 CARPENTRY 06 000 GENERAL 06 100 ROUGH CARPENTRY 06 200 FINISH CARPENTRY DIVISION 07 THERMAL & MOISTURE PROTECTION 07 000 GENERAL 07 100 WATERPROOFING AND DAMPROOFING 07 200 VAPOR & AIR RETARDERS 07 300 BUILDING INSULATION 07 400 ROOFING 07 900 SEALANTS & CALKING DIVISION 08 DOORS & WINDOWS 08 000 GENERAL 08 100 METAL DOORS & FRAMES 08 200 WOOD DOORS 08 400 ENTRANCES & STOREFRONTS 08 500 METAL WINDOWS 08 600 WOOD WINDOWS 08 700 HARDWARE 08 800 GLAZING 3 of 5 TABLE OF CONTENTS DIVISION 09 FINISHES 09 000 GENERAL 09 100 METAL SUPPORT SYSTEMS 09 200 GYPSUM WALLBOARD 09 500 ACOUSTICAL TREATMENTS 09 600 FLOOR COVERING 09 700 WALL COVERING 09 900 PAINTING DIVISION 10 SPECIALTIES 10 000 GENERAL 10 100 DRY MARKERBOARD & TACKBOARDS 10 200 COMPARTMENTS & CUBICLES 10 300 FLAGPOLE AND FLAG 10 400 SIGNAGE 10 500 LOCKER ROOM SPECIALTIES 10 700 TOILET & MISCELLANEOUS ACCESSORIES DIVISION 11 EQUIPMENT 11 000 GENERAL 11 400 SERVICE EQUIPMENT DIVISION 12 FURNISHINGS 12 000 GENERAL 12 300 CASEWORK DIVISION 13 SPECIAL CONSTRUCTION NOT USED DIVISION 14 CONVEYING SYSTEM NOT USED 4 of 5 TABLE OF CONTENTS DIVISION 15 MECHANICAL 15 100 MECHANICAL CONDITIONS 15 200 HEATING, PIPING AND AIR CONDITIONING 15 300 MECHANICAL VENTILATION 15 400 TEMPERATURE CONTROLS 15 500 PLUMBING 15 600 INSULATION DIVISION 16 ELECTRICAL 16 100 ELECTRICAL CONDITIONS 16 200 ELECTRICAL POWER AND LIGHTING 16 300 CONTROL AND SIGNAL SYSTEMS 16 400 STANDBY ELECTRICAL POWER SYSTEM - ADD ALT. NO. 5 5 of 5 TABLE OF CONTENTS