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HomeMy WebLinkAboutCLoverport Services LLC City of Jeffersonville Government Contract Coversheet Please note:All information MUST be completely filled out and submitted to Clerk's Office within 48 hrs of execution. Date Submitted to Clerk: 1� Department: M-t\l'Opniten l Vendor Name: 0160?-4 SitCS L- -& Sign Date: (-(1 I G-/ 3 Ending Date: 97 V13 Amount of Original Contract: (P'l O-1) Is this an amendment or change order ON° to original contract? Yes or Amended Contract Amount: Purpose: j&ly For Clerk's Office to fill out Date uploaded to Gateway: C Document AIOI® - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Eighth day of May in the year Two Thousand Twenty-Three (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status,address and other information) completion.The author may also have revised the text of the original City of Jeffersonville AIA standard form.An Additions and 500 Quartermaster Court Deletions Report that notes added Jeffersonville,Indiana 47130 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Contractor: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information Cloverport Services,LLC and where the author has added to or deleted from the original AIA text. Chad Ernst 2004 Augusta Drive This document has important legal Jeffersonville,Indiana 47130 consequences.Consultation with an 502-544-5233 attorney is encouraged with respect Chad.cloverport@gmail.com to its completion or modification. The parties should complete A101®-2017,Exhibit A, Insurance and Bonds,contemporaneously with this Agreement.AIA Document A201®-2017, General Conditions of for the following Project: the Contract for Construction,is (Name, location and detailed description) adopted in this document by reference.Do not use with other Jeffersonville Fire Department Headquarters general conditions unless this Fire Station#2 document is modified. Safety Town Project Number 2023_0308 2204 E. 10th Street Jeffersonville,Indiana 47130 The Architect: (Name, legal status, address and other information) Orcutt j Winslow+TEG 903 Spring Street Jeffersonville,Indiana 47130 The Owner and Contractor agree as follows. Init. AIA Document A101—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977, 1987,1991,1997,2007 and 2017.All rights reserved.The American Institute of Architects,"'American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13 15:47 ET on 05/08/2023 under Order No.3104237471 which expires on 10/10/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations, e-mail docinfo©aiacontracts.com. User Notes: (8759834681 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS 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,all of which 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 a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes) [X ] The date of this Agreement. [ ) A date set forth in a notice to proceed issued by the Owner, [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information,) Init. AIA DocumentA101—2017,Copyright©1915,1918,1925,1937,1951, 1958.1961,1963,1967,1974,1977, 1987, 1991, 1997,2007 and 2017,At rights reserved."The American Institute of Architects.""American Institute of Architects.""ALA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of 2 The American Institute of Architects.This document was produced at 13:15:47 ET on 35/08/2023 under Order No.3104237471 which expires on 10/10/2023,is not for resale,Is licensed for one-time use only.and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (875983468) [ ] Not later than one hundred twenty (120)calendar days from the date of commencement of the Work. [ ] By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.31f the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,liquidated damages,if any,shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Three Hundred Forty Seven Thousand Dollars and Zero Cents ($347,000.00),subject to additions and deductions as provided in the Contract Documents. § 42 Alternates § 4.2.1 Alternates,if any,included in the Contract Sum: Item Price None § 4.22 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance,the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § 4.3 Allowances,if any,included in the Contract Sum: (Identify each allowance.) Item Price § 4.4 Unit prices,if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit($0.00) § 4.5 Liquidated damages,if any: (Paragraph deleted) There are no Liquidated Damages for this Contract. § 4.6 Other: (Paragraph deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 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. Init. AIA Document A101—2017.Copyright©1915,1918,1926,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.A8 rights reserved. The American Institute of Architects,""American Institute of Architects,'"AIA,"the AIA Logo,and'AIA Contract Documents"are registered trademarks of 3 The American Institute of Architects.This document was produced at 13:15:47 ET on 05/08/2023 under Order No.3104237471 which expires on 10/10/2023,Is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIR Contract Documentse Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (875983488) § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twenty-Fifth day of a month,the Owner shall make payment of the amount certified to the Contractor not later than the Twenty-Fifth day of the following month.If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Twenty-Five (25 )days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent 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.The schedule of values shall be prepared in such form,and supported by such data to substantiate its accuracy,as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201Tm-2017,General Conditions of the Contract for Construction,and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 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;and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment,to be reasonably justified. § 5.1.62 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017;and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: (Paragraph deleted) Retainage shall be 10%of the requested payment until 50%of entire project is complete. § 5.1.7.1.1 The following items are not subject to retainage: (Paragraph deleted) § 5.1.7.2 Reduction or limitation of retainage,if any,shall be as follows: (Paragraph deleted) Init. AIA Document A101—2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1987,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Archltects,'"AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of 4 The American Institute of Architects.This document was produced at 13:15.47 ET on 05/08/2023 under Order No.3104237471 which expires on 10/10/2023,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail docinfo@alacontracts.com. User Notes: (875983488) § 5.1.7.3 Except as set forth in this Section 5.1.7.3,upon Substantial Completion of the Work,the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Paragraph deleted) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor,the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201 2017. § 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements,if any, which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. § 52.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: § 5.3 Interest 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.) Zero % 0 ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A20 I—2017,unless the parties appoint below another individual,not a party to this Agreement,to serve as the Initial Decision Maker. (Paragraph deleted) § 6.2 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201 2017,the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [X] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ ] Litigation in a court of competent jurisdiction [ ] Other �� AIA DocumentA101—2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,""American Institute of Architects,'"AIA,'the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects,This document was produced at 13:15:47 ET on 05/08/2023 under Order No.3104237471 which expires on 10/10/2023,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations, e-mail doclnfo@alacontracts.com. User Notes: (875983468) If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Contractor a termination fee as follows: (Paragraph deleted) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 82 The Owner's representative: (Name, address, email address,and other information) Scott Hawkins RDC President City of Jeffersonville 500 Quartermaster Court,Suite 250 Jeffersonville,Indiana 47130 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Cloverport Services,LLC Chad Ernst 2004 Augusta Drive Jeffersonville,Indiana 47130 502-544-5233 Chad.cloverport@gmail.com § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days'prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A 101TM-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,Exhibit A,Insurance and Bonds,and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document Al01TM.2017 Exhibit A,and elsewhere in the Contract Documents. Init. AIA Document A101--2017.Copyright©1915,1918,1926,1937,1951,1958,1961,1963,1967,1974,1977, 1987,1991,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,''American institute of Architects,""AIA,"the ALA Logo,and'AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 13:15:47 ET on 05108/2023 under Order No.3104237471 which expires on 10/10/2023,Is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsm Terms of Service.To report copyright violations, e-mail doclnfo@alacontracts.com. User Notes: (875983468) § 8.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with AIA Document E203114-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (Paragraph deleted) § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document Al01T74-2017,Standard Form of Agreement Between Owner and Contractor .2 AIA Document A1011.M-2017,Exhibit A,Insurance and Bonds .3 AIA Document A201TM 2017,General Conditions of the Contract for Construction .4 AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,dated as .5 Drawings Number Title Date .6 Specifications Section Title Date Pages .7 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document E204TM-2017, Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents,if any,listed below: Init. AIA Document A101—2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017.All rights reserved."The American Institute of Architects,"'American Institute of Architects,"'AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of 7 The American Institute of Architects.This document was produced at 13.15:47 ET on 05/08/2023 under Order No.3104237471 which expires on 10/10/2023,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations, e-mail dodnfo@alacontracts,com. User Notes: (875983468) (List here any additional clocunlents that are intended to form part of the Contract Documents, AlA Document A201 T1t-2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal,portions of-Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals,are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should be listed here only if Attended to be port of the Contract Documents.) This Agreement entered into as of the day and year first written above. / 1 � OWNER(Signature) RAC TOR(Signature) Clovetport Services, [IC Scott Hawkins ^ 502-544-5233 RDC President l I '.� Chad.cloverport@gmail.com (Printed name and title) )(jr j���u (� ,I },{r�c j(k`.1 (Printed name and title) ALA Oocumen:A101—2017.Copyright 5 1915,19'B, 1925,1937,1951,1958,1961 1963,1967,1974.1977,1987,1991,1997,2007 and 2017.All nghts Init. reserved.'The American Institute of Architects,"American Institute of Architects,"ALA,'the ALA Logo,and"AlA Contract Documents'ore registered trademarks of 8 The American Institute of Architects.This document was produced a;'3 15:47 ET on 05/08/2023 under Order No.3104237471 which expires on 10/13/2023,is not 1 for resale,is licensed for one-time use only,and mar only be used In accordance in the AIA Contract Documans'Tenn of Service.To report coayright violations, e-mail doclnloaalacontracts.com. User Notes: 1875983488)