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HomeMy WebLinkAboutForm of AgreementALA Document A105 Standard Form of Agreement Between Owner and Contractor for a Small Project where the Basis of Payment is a STIPULATFI) SUM 1993 SMALL PROJECTS EDMON Because this document has important legal consequence. we encourage you to consult with an attorney before signing it. Some states mandate a cancellation period or require other specific disclosures, including warnings for home improvement contracts, when a document such as this will be used for Work on the Owner's personal residence. Your attorney should insert all language required by state or local law to be included in this Agreement. Such statements may be entered in the space provided below, or if required by law, above the signatures of the parties. This AGREEMENT is made: (Date) July 17, 2007 BETWEEN the Owner: Dade Heritage Trust, Non -Profit Corporation 190 S.E. 12 Terrace Miami, FL 33131 and the Contractor: TurnKey Construction, Inc. 14411 South Dixie Hwy. Suite 215 Miami, FL 33176 for the following Project: Old Miami High School Restoration and Stabilisation Phase II 140 S.W. 11 to Street Miami, FL 33130 The Architect is: William B. Medellin Architect, P.A. 240tollin Avenue Miami Beach, FL 33139 The Owner and Contractor agree as follows. ©Copyright 1993 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without the written permission of the ALA violates the copyright laws of the United Stares and will subject the violator to legal prosecution. AIA DOCUMENT A105 • OWNER -CONTRACTOR AGREEMENT —SMALL PROJECTS Itll . EDmON • ALA' • Cl 1993 • THE AMERICAN INS t 11 LTE OF ARCHITECTS, 1735 NEW YORK s AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105-1993 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the project. The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 AIA Document A205, General Conditions of the Contract for Construction of a Small Project, current edition; .3 the Drawings and Specifications prepared by the Architect, dated and enumerated as follows: Drawings: A-0 General Notes & Specifications (2/15/07), A-1 Site Plan (4/2/07), A-2 Demolition Plan (10/30/06), A-3 Elevations Demolition (10/30/06), A-4 Elevations Demolition (10/30/06), A-5 Floor Plan (2115/07), A-6 Exterior Elevations (10/30/06), A-7 Exterior Elevations (1/28/07) A-8 Schedules (3/30/07), A-9 Reflected Ceiling Plan (10/30/06), A-10 Partition Types (1/24/07), S0.01 General Structural Notes (11/17/06), S0.02 Notes & Schedules (11/17/06), S2.01 Foundation & First Floor Framing Plan (11/17/06), S2.02 Roof Framing Plan (11/17/06), S3.01 Sections (11/17/2006), S3.02 Sections (11/17/06), S3.03 Sections (11/17/06), S3.04 Sections (11/17/06), M-1 HVAC Floor Plan (10/30/06), M-2 Schedules (1/23/07), E-1 Electrical Floor Plan (1/26/07), P-1 Plumbing Site Plan (1/26/07), P-2 Sanitary & Water (2/26/07) Specifications: On drawings except the following are not included in the base contract as a value engineering option. 1. Isolated ground floor receptacles, and phone/data outlets. 2. HInges have been changed from heavy duty ball bearing brass to residential plated steel (doors #7, 11, 12, 13, 14). .4 addenda prepared by the Architect as follows: N/A .5 written change orders or orders for minor changes in the Work issued after execution of this Agreement; and .6 other documents, if any, identified as follows: Attachment A AIA DOCUMENT A105 • OWNER -CONTRACTOR AGREEMENT —SMALL PROJECTS EDITION • AlA' • ®1993 • THE AMERICAN INSTITUTE OF ARCHrrECfS,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. A105-1993 2 ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work not later than THREE HUNDRED (300) Calendar Days subject to adjustment by Change Order. (Insert the dare or number of calendar days after the date of commencement.) 300 Calendar Days From Date of Commencement and Approval of Revised Shoring Drawings ARTICLE 3 CONTRACT SUM 3.1 Subject to additions and deductions by Change Order, the Contract Sum is: SIX HUNDRED ELEVEN THOUSAND FIVE HUNDRED TWENTY DOLLARS ($611,520.00) 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: Portion of work General Conditions Civil Work Shoring Jacking Sequence Demolition/ debris removal Temp. Fence Excavation & Backfill Fine Grading Formwork Reinforcing Steel Concrete Finishing Concrete Work Concrete Sitework Masonry Misc. Metals Rough Carpentry Finish Carpentry Window wood Repairs Straps and Anchors Window Glazing Insulation • Lattace/ Screening Drywall and Taping Wood Doors Finish Hardware Toilet Accessories Ceramic Tile Wood Floor/ Ceiling Restoration Painting • ' Landscaping Storm Shutters Fire Extinqishers Plumbing Air Conditioning Electrical Temp. Bathroom G.C. Overhead & Profit TOTAL BASE CONTRACT Value $ 45,705.00 $ 20,800.00 ,$ 6,850.00 $ 31,000.00 $ 6,D00.00 5 1,100.00 $ 1,275.00 $ 825.00 $ 3,933.00 $ 844:00 $ 1,435.00 $ 5,883.00 $ . 1,840.00 $ 950.00 $ 10,328.00 $ 71,838.00 $ 117,685.00 $ 29,800.00 $ 10,813.00 $ 4,896.00. $ 3,235.00 $ .1,450,00 $ 3,250.00 $ 18,635.00 $ . ' 10,468.00 $ 1,798.00 $ 1,920.00 $ 17,872.00 $ 17,500.00 $ 1,500.00 $ 2,500.00 $ 360.00 $ 15,950.00 $ 27,250.00 $ 48,053.00 3,060.00 $ 60,979.00 $ 611,520.00 The following are additional costs to be reimbursed direct to the General Contractor (Turnkey) upon procurement above the base contract total Additional Insurances $12,778.56 Bond Premium $10,476.00 "f% HK 3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. AIA DOCUMENT A105 • OWNER -CONTRACTOR AGREEMENT —SMALL PROJECTS EDITION • AlA' • 01993 • THE AMERICAN 1NSTITUrE OF ARCHITECTS, 1735 NEWYORK AVENUE, N.W., WASHiNGTON, D.0 20006-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. Al 05-1993 3 ARTICLE 4 PAYMENT 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor as follows; (Here insert payment procedures and provisions for retainage (tarty) Based upon the Application for Payment submitted to the Architect by the Contractor and Certification for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below. The period covered by each application shall be one calendar month ending on the last day of the month. Provided that an Application is received by the Owner no later than the 30* day of a month, the Owner shall make payment to the Contractor no later than the 156 day of the following month. Applications for payment shall include the percentage of completion of each portion of the work as of the end of the period covered by the Application. The amount of each progress payment shall be computed as follows: I) Take that portion of the Contract Sum properly allocable to compute Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the contract sum allocated to that work in the Schedule of Values, less retainage of 10%. Pending final determination of the cost to the Owner of the changes in the work, all amounts not in dispute shall be included; 2) Add that portion of the Contract Sum property allocable to the materials and equipment delivered and suitablestored at the site for subsequent incorporation in the completed construction, less retainage of 10%; 3) Subtract the aggregate of the previous payments made by the Owner, and 4) Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate of Payment. 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of One percent (1.00%) monthly , or in the absence thereof, at the legal rate prevailing at the place of the Project. (Usury laws and requirements under the Federal Truth in Luling Act, similar state and local consumer credit laws and other regulations at the Owner's and Con- tractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.) ARTICLE 5 INSURANCE 5i The Contractor shall provide Contractor's Liability and other Insurance as follows: (Insert specific Insurance required by the Owner.) Type of insurance Limit of Liability (S0.00) Workers' Compensation Commercial General Liability Auto Liability Excess Liability $2,000,000.00 $1,000,000.00 S1,000,000.00 $5,000,000.00 5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as follows: (Insert specific insurance furnished by the Owner) Type of insurance Limit of Liability ($0.00) General Liability $1,000,000.00 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations 'tinder Paragraph 3.12 of ALA Document A205, General Conditions of the Contract for Construction of Small Projects. 5.4 Certificates of insurance shall be provided by each party showing their respective coverages prior to commencement of the Work. AlA DOCUMENT Al OS • OWNER -CONTRACTOR AGREEMENT —SMALL PROJECTS EDITION • A1A' • C 1993 • THE ASIERICA..N LNSTTTUTE OF ARCHITECTS, [735 NEW YORK AVENUE, KW., WASHLNGTON. D.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105-1993 ARTICLE 6 OTHER TERMS AND CONDITIONS (insert any other terms or conditions below.) 6.1 The contractor is including in the contract the sum of Thirty One Thousand Dollars (S31,000.00) to attempt to re - level the structure. The contractor will follow the design of the engineer, and have inspections throughout the process. Due to the existing Structural integrity of the building, if the erection is unsuccessful and the structure collapses, the contractor is to be held harmless, paid for all cost expended to date, and released from the balance of the contract. At that time the building will be re-evaluated and a new proposal will be submitted for the Owner. 6.2 The base contract sum excludes Permit Fees, testing, and inspection fees. 6.31t is understood that Dade Heritage Trust is acting as the owner's representative for the City of Miami. This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period disclosures or other warning statements above the signatures.) OWNER (Sig. 41adi ature) By: Rebecca Matkov (Printed name, title and address) Its: Chief Executive Officer 190 S.E. 12th Street AlA Miami, Florida 33131 By: Raymond C. Tepper (Printed name, title and address) Its: President 14411 S. Dixie Hwy. — Suite 215 Miami, Florida 33176 LICENSE NO CGC 058142 JURISDICTION Florida CAUTION: You should sign an original AIA document which has this caution printed in red. t An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT A105 • OWNER -CONTRACTOR AGREEMENT —SMALL PROJECTS EDITION • AIA' • 01993 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200065292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. A105-1993 5