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HomeMy WebLinkAboutLFM Floors/Oshkosh Convention Centre )1( r THE AMERICAN INSTITUTE OF ARCHITECTS IIwl"I F l .x iit' AMA Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1978 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION This document includes abbreviated General Conditions and should not be used with other General Conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twenty Seventh day of November in the year of Nineteen Hundred and Eighty Five. BETWEEN the Owner: city of Oshkosh City Hall, 215 Church Avenue, Oshkosh, WI 54902 and the Contractor: L.F.M. Floors 4718 Cedar View Drive, West Bend, WI 53095 the Project: Oshkosh Convention Center Oshkosh, WI the Architect: For purposes of this contract, only the term "Architect" shall indicate: CSA, Inc. 12805 State Highway 55, Minneapolis , MN 55441 The Owner and the Contractor agree as set forth below. Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, © 1978 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 A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA® © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1978 1 ARTICLE 1 THE WORK 1.1 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.) Carpet installation per the procurement documents dated May 24 , 1985 and bid dated September 9, 1985 . ARTICLE 2 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The Work to be performed under this Contract shall be commenced January 6 , 1986 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than February 13 , 19E (Here insert any special provisions for liquidated damages relating to failure to complete on time.) ARTICLE 3 CONTRACT SUM 3.1 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 Four thousand seventy seven dollars and fourty three cents. ($4 , 077. 43) 3.2 The Contract Sum is determined as follows: ("State here the base bid or other lump sum amount, accepted alternates,and unit prices,as applicable.) per bid dated September 9 , 1985 AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA® © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1978 2 ARTICLE 4 PROGRESS PAYMENTS 4.1 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 Con- tractor as provided in the Contract Documents for the period ending the last day of the month as follows: (Here insert payment procedures and provision for retainage,if any.) Submit progress payment requests on AIA Documents G702 & G703 with an executed partial lien waiver for work and materials completed. A 10% retainage factor will be held on all progress payments until clear with final payment request. 4.2 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.) None. (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 disclosure or waivers.) ARTICLE 5 FINAL PAYMENT 5.1 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. Submit final payment request on AIA Documents G702 & G703 with an executed final lien waiver for all work completed. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 7 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 Conditional, the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) 1. Procurement documents dated May 24, 1985 . 2. Bid of September 9 , 1985. 3 . Letter of Intent dated October 10 , 1985 . 4 . AIA Documents G702 & G703 . 5. Partial and Final Lien Waivers . 6 . Insurance Addendum. AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA® © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1978 3 GENERAL CONDITIONS ARTICLE 7 tion of the Contractor's Applications for Payment, the CONTRACT DOCUMENTS Architect will determine the amounts owing to the Con- tractor and will issue Certificates for Payment in accord- 7.1 The Contract Documents consist of this Agreement ante with Article 15. with General Conditions, Supplementary and other Condi- 8.5 The Architect will be the interpreter of the require- tions, the Drawings, the Specifications, all Addenda issued ments of the Contract Documents. He will make decisions prior to the execution of this Agreement, and all Modifi- on all claims, disputes or other matters in question be- cations issued by the Architect after execution of the tween the Contractor and the Owner, but he will not be Contract such as Change Orders, written interpretations liable for the results of any interpretation or decision ren- and written orders for minor changes in the Work. The dered in good faith. The Architect's decisions in matters intent of the Contract Documents is to include all items relating to artistic effect will be final if consistent with the necessary for the proper execution and completion of the intent of the Contract Documents. All other decisions of Work. The Contract Documents are complementary, and the Architect, except those which have been waived by what is required by any one shall be as binding as if re- the making or acceptance of final payment, shall be sub- quired by all. Work not covered in the Contract Docu- ject to arbitration upon the written demand of either ments will not be required unless it is consistent therewith party. and reasonably inferable therefrom as being necessary to 8.6 The Architect will have authority to reject Work produce the intended results. which does not conform to the Contract Documents. 7.2 Nothing contained in the Contract Documents shall 8.7 The Architect will review and approve or take other create any contractual relationship between the Owner or appropriate action upon the Contractor's submittals such the Architect and any Subcontractor or Sub subcontractor. as Shop Drawings, Product Data and Samples, but only for 7.3 By executing the Contract, the Contractor represents conformance with the design concept of the Work and that he has visited the site and familiarized himself with with the information given in the Contract Documents. the local conditions under which the Work is to be performed. ARTICLE 9 7.4 The Work comprises the completed construction re- OWNER quired by the Contract Documents and includes all labor 9.1 The Owner shall furnish all surveys and a legal cle- necessary to produce such construction, and all materials scription of the site. and equipment incorporated or to be incorporated in such construction. 9.2 Except as provided in Paragraph 10.5, the Owner shall secure and pay for necessary approvals, easements, ARTICLE 8 assessments and charges required for the construction, use or occupancy of permanent structures or permanent ARCHITECT changes in existing facilities. 8.1 The Architect will provide administration of the Con- 9.3 The Owner shall forward all instructions to the Con- tract and will be the Owner's representative during con- tractor through the Architect. struction and until final payment is due. 9.4 If the Contractor fails to correct defective Work or 8.2 The Architect shall at all times have access to the persistently fails to carry out the Work in accordance with Work wherever it is in preparation and progress. the Contract Documents, the Owner, by a written order, 8.3 The Architect will visit the site at intervals appropri- may order the Contractor to stop the Work, or any por- ate to the stage of construction to familiarize himself gen- tion thereof, until the cause for such order has been erally with the progress and quality of the Work and to eliminated; however, this right of the Owner to stop the determine in general if the Work is proceeding in accord- Work shall not give rise to any duty on the part of the ance with the Contract Documents. However, the Archi- Owner to exercise this right for the benefit of the Con tect will not be required to make exhaustive or continu- tractor or any other person or entity. ous on-site inspections to check the quality or quantity of ARTICLE 10 the Work. On the basis of his on-site observations as an architect, he will keep the Owner informed of the prog- CONTRACTOR ress of the Work, and will endeavor to guard the Owner 10.1 The Contractor shall supervise and direct the Work, against defects and deficiencies in the Work of the Con- using his best skill and attention and he shall be solely tractor. The Architect will not have control or charge of responsible for all construction means, methods, tech- and will not be responsible for construction means, meth- niques, sequences and procedures and for coordinating ods, techniques, sequences or procedures, or for safety all portions of the Work under the Contract. precautions and programs in connection with the Work, 10.2 Unless otherwise specifically provided in the Con- and he will not be responsible for the Contractor's failure tract Documents, the Contractor shall provide and pay for to carry out the Work in accordance with the Contract all labor, materials, equipment, tools, construction equip- Documents. ment and machinery, water, heat, utilities, transportation, 8.4 Based on the Architect's observations and an evalua- and other facilities and services necessary for the proper AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK ,\VENUE, N.W., WASHINGTON, D.C. 20006 A107-1978 4 execution and completion of the Work, whether tempo- obligation of indemnity which would otherwise exist as to rary or permanent and whether or not incorporated or to any party or person described in this Paragraph 10.11. In be incorporated in the Work. any and all claims against the Owner or the Architect or 10.3 The Contractor shall at all times enforce strict dis- any of their agents or employees by any employee of the cipline and good order among his employees and shall Contractor, any Subcontractor, anyone directly or indi- not employ on the Work any unfit person or anyone not rectly employed by any of them or anyone for whose acts skilled in the task assigned to him. any of them may be liable, the indemnification obligation 10.4 The Contractor warrants to the Owner and the under this Paragraph 10.11 shall not be limited in any Architect that all materials and equipment incorporated way by any limitation on the amount or type of damages, in the Work will be new unless otherwise specified, and compensation or benefits payable by or for the Contractor that all Work will be of good quality, free from faults and or any Subcontractor under workers' or workmen's corn- defects and in conformance with the Contract Documents. pensation acts, disability benefit acts or other employee All Work not conforming to these requirements may be benefit acts. The obligations of the Contractor under this considered defective. Paragraph 10.11 shall not extend to the liability of the 10.5 Unless otherwise provided in the Contract Docu- Architect, his agents or employees, arising out of 1) the 10.5 the Contractor otherwise shall preparation or approval of maps, drawings, opinions, re- pay all sales, consumer, use ports, surveys, change orders, designs or specifications, or and other similar taxes which are legally enacted at the (2) the giving of or the failure to give directions or in- time bids are received, and shall secure and pay for the structions by the Architect, his agents or employees pro- building permit and for all other permits and govern- vided such giving or failure to give is the mental fees, licenses and inspections necessary for the g g g primary cause of the injury or damage. proper execution and completion of the Work. 10.6 The Contractor shall give all notices and comply ARTICLE 11 with all laws, ordinances, rules, regulations, and lawful SUBCONTRACTS orders of any public authority bearing on the performance 11.1 A Subcontractor is a person or entity who has a of the Work, and shall promptly notify the Architect if the direct contract with the Contractor to perform any of the Drawings and Specifications are at variance therewith. Work at the site. 10.7 The Contractor shall be responsible to the Owner '11.2 Unless otherwise required by the Contract Docu- for the acts and omissions of his employees, Subcontrac- ments or in the Bidding Documents, the Contractor, as tors and their agents and employees, and other persons soon as practicable after the award of the Contract, shall performing any of the Work under a contract with the furnish to the Architect in writing the names of Subcon- Contractor. tractors for each of the principal portions of the Work. 10.8 The Contractor shall review, approve and submit all The Contractor shall not employ any Subcontractor to Shop Drawings, Product Data and Samples required by whom the Architect or the Owner may have a reasonable the Contract Documents. The Work shall be in accord- objection. The Contractor shall not be required to con- ance with approved submittals. tract with anyone to whom he has a reasonable objection. 10.9 The Contractor at all times shall keep the premises Contracts between the Contractor and the Subcontractors free from accumulation of waste materials or rubbish shall (1) require each Subcontractor, to the extent of the caused by his operations. At the completion of the Work Work to be performed by the Subcontractor, to be bound he shall remove all his waste materials and rubbish from to the Contractor by the terms of the Contract Docu- and about the Project as well as his tools, construction ments, and to assume toward the Contractor all the obli- equipment, machinery and surplus materials. gations and responsibilities which the Contractor, by these 10.10 The Contractor shall pay all royalties and license Documents,assumes toward the Owner and the Architect, fees. He shall defend all suits or claims for infringement and (2) allow to the Subcontractor the benefit of all rights, g remedies and redress afforded to the Contractor by these of any patent rights and shall save the Owner harmless Contract Documents. from loss on account thereof. 10.11 To the fullest extent permitted by law, the Con- ARTICLE 12 tractor shall indemnify and hold harmless the Owner and WORK BY OWNER OR BY the Architect and their agents and employees from and SEPARATE CONTRACTORS against all claims, damages, losses and expenses, including 12.1 The Owner reserves the right to perform work re- but not limited to attorneys' fees arising out of or result- lated to the Project with his own forces, and to award ing from the performance of the Work, provided that any separate contracts in connection with other portions of such claim, damage, loss or expense (1) is attributable to the Project or other work on the site under these or simi- bodily injury, sickness, disease or death, or to injury to or lar Conditions of the Contract. If the Contractor claims destruction of tangible property (other than the Work it- that delay or additional cost is involved because of such self) including the loss of use resulting therefrom, and action by the Owner, he shall make such claim as pro- (2) is caused in whole or in part by any negligent act or vided elsewhere in the Contract Documents. omission of the Contractor, any Subcontractor, anyone 12.2 The Contractor shall afford the Owner and separate directly or indirectly employed by any of them or anyone contractors reasonable opportunity for the introduction for whose acts any of them may be liable, regardless of and storage of their materials and equipment and the whether or not it is caused in part by a party indemnified execution of their work, and shall connect and coordinate hereunder. Such obligation shall not be construed to his Work with theirs as required by the Contract Docu- negate, abridge, or otherwise reduce any other right or ments. 5 A107-1978 AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 12.3 Any costs caused by defective or ill-timed work 15.2 Payments may be withheld on account of (1) defec- shall be borne by the party responsible therefor. tive work not remedied, (2) claims filed, (3) failure of the Contractor to make payments properly to Subcontractors ARTICLE 13 or for labor, materials, or equipment, (4) damage to the MISCELLANEOUS PROVISIONS Owner or another contractor, or (5) persistent failure to 13.1 The Contract shall be governed by the law of the carry out the Work in accordance with the Contract place where the Project is located. Documents. 13.2 All claims or disputes between the Contractor and 15.3 When the Architect agrees that the Work is sub- stantially complete, he will issue a Certificate of Substan- the Owner arising out of, or relating to, the Contract Documents or the breach thereof shall be decided by tial Completion. arbitration in accordance with the Construction Industry 15.4 Final payment shall not be due until the Contractor Arbitration Rules of the American Arbitration Association has delivered to the Owner a complete release of all liens then obtaining unless the parties mutually agree other-arising out of this Contract or receipts in full covering all wise. Notice of the demand for arbitration shall be filed labor, materials and equipment for which a lien could be in writing with the other party to the Owner-Contractor filed, or a bond satisfactory to the Owner indemnifying Agreement and with the American Arbitration Association him against any lien. If any lien remains unsatisfied after and shall be made within a reasonable time after the dis- all payments are made, the Contractor shall refund to the pute has arisen. The award rendered by the arbitrators Owner all moneys the latter may be compelled to pay in shall be final, and judgment may be entered upon it in discharging such lien, including all costs and reasonable accordance with applicable law in any court having juris- attorneys' fees. diction thereof. Except by written consent of the person 15.5 The making of final payments shall constitute a or entity sought to be joined, no arbitration arising out waiver of all claims by the Owner except those arising of or relating to the Contract Documents shall include, from (1) unsettled liens, (2) faulty or defective Work ap- by consolidation, joinder or in any other manner, any pearing after Substantial Completion, (3) failure of the person or entity not a party to the agreement under which Work to comply with the requirements of the Contract such arbitration arises, unless it is shown at the time the Documents, or (4) terms of any special warranties re- demand for arbitration is filed that (1) such person or quired by the Contract Documents. The acceptance of entity is substantially involved in a common question of final payment shall constitute a waiver of all claims by the fact or law, (2) the presence of such person or entity is Contractor except those previously made in writing and required if complete relief is to be accorded in the arbi- identified by the Contractor as unsettled at the time of the tration, (3) the interest or responsibility of such person or final Application for Payment. entity in the matter is not insubstantial, and (4) such per- son or entity is not the Architect or any of his employees ARTICLE 16 or consultants. The agreement herein among the parties PROTECTION OF PERSONS AND PROPERTY to the Agreement and any other written agreement to 16.1 The Contractor shall be responsible for initiating, arbitrate referred to herein shall be specifically enforce- maintaining, and supervising all safety precautions and able under the prevailing arbitration law. programs in connection with the Work. He shall take all ARTICLE 14 reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or TIME loss to (1) all employees on the Work and other persons 14.1 All time limits stated in the Contract Documents who may be affected thereby, (2) all the Work and all are of the essence of the Contract. The Contractor shall materials and equipment to be incorporated therein, and expedite the Work and achieve Substantial Completion (3) other property at the site or adjacent thereto. He shall within the Contract Time. give all notices and comply with all applicable laws, ordi- nances, rules, regulations and orders of any public author- 14.2 The Date of Substantial Completion of the Work is the date certified by the Architect when construction is ity bearing on the safety of persons and property and their sufficiently complete so that the Owner can occupy or protection from damage, injury or loss. The Contractor utilize the Work for the use for which it is intended. shall promptly remedy all damage or loss to any property caused in whole or in part by the Contractor, any Sub- 14.3 If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, contractor, any Sub subcontractor, or anyone directly or by labor disputes, fire, unusual delay in transportation indirectly employed by any of them, or by anyone for adverse weather conditions not reasonably anticipatable, whose acts any of them may be liable, except damage or unavoidable casualties, or any causes beyond the Con- loss attributable to the acts or omissions of the Owner or tractor's control, or by any other cause which the Archi- Architect or anyone directly or indirectly employed by either of them or by anyone for whose acts either of there tect determines may justify the delay, then the Contract Time shall be extended by Change Order for such reason- may be liable, and not attributable to the fault or negli- able time as the Architect may determine. gence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations under Para- ARTICLE 15 graph 10.11. PAYMENTS AND COMPLETION ARTICLE 17 15.1 Payments shall be made as provided in Article 4 and INSURANCE Article 5 of this Agreement. 17.1 Contractor's liability insurance shall be purchased AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA® © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1978 6 and maintained by the Contractor to protect him from 18.2 The Contract Sum and the Contract Time may be claims under workers' or workmen's compensation acts changed only by Change Order. and other employee benefit acts, claims for damages be- 18.3 The cost or credit to the Owner from a change in cause of bodily injury, including death, and from claims the Work shall be determined by mutual agreement. for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's ARTICLE 19 operations under this Contract, whether such operations CORRECTION OF WORK be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them. This insurance 19.1 The Contractor shall promptly correct any Work shall be written for not less than any limits of liability rejected by the Architect as defective or as failing to con- specified in the Contract Documents, or required by law, form to the Contract Documents whether observed before whichever is the greater, and shall include contractual or after Substantial Completion and whether or not fabri- liability insurance applicable to the Contractor's obliga- cated, installed or completed, and shall correct any Work tions under Paragraph 10.11. Certificates of such insur- found to be defective or nonconforming within a period ance shall be filed with the Owner prior to the corn- of one year from the Date of Substantial Completion of mencement of the Work. the Contract or within such longer period of time as may 17.2 The Owner shall be responsible for purchasing and be prescribed by law or by the terms of any applicable maintaining his own liability insurance and, at his option, special warranty required by the Contract Documents. The may maintain such insurance as will protect him against provisions of this Article 19 apply to Work done by Sub- claims which may arise from operations under the Con- contractors as well as to Work done by direct employees tract. of the Contractor. 17.3 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire ARTICLE 20 Work at the site to the full insurable value thereof. This TERMINATION OF THE CONTRACT insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the 20.1 If the Architect fails to issue a Certificate for Pay- Work and shall insure against the perils of fire and ex- ment for a period of thirty days through no fault of the tended coverage and shall include "all risk" insurance for Contractor,or if the Owner fails to make payment thereon physical loss or damage including, without duplication of for a period of thirty days, the Contractor may, upon coverage, theft, vandalism, and malicious mischief. seven additional days' written notice to the Owner and 17.4 Any loss insured under Paragraph 17.3 is to be ad- the Architect, terminate the Contract and recover from justed with the Owner and made payable to the Owner the Owner payment for all Work executed and for any as trustee for the insureds, as their interests may appear, proven loss sustained upon any materials, equipment, subject to the requirements of any mortgagee clause. tools, and construction equipment and machinery, includ- ing reasonable profit and damages applicable to the 17.5 The Owner shall file a copy of all policies with the Project. Contractor before an exposure to loss may occur. 20.2 If the Contractor defaults or persistently fails or 17.6 The Owner and Contractor waive all rights against neglects to carry out the Work in accordance with the each other for damages caused by fire or other perils to Contract Documents or fails to perform any provision of the extent covered by insurance obtained pursuant to the Contract, the Owner, after seven days' written notice this Article or any other property insurance applicable to to the Contractor and without prejudice to any other the Work, except such rights as they may have to the pro- remedy he may have, may make good such deficiencies ceeds of such insurance held by the Owner as trustee. and may deduct the cost thereof including compensation The Contractor shall require similar waivers in favor of the for the Architect's additional services made necessary Owner and the Contractor by Subcontractors and Sub- thereby, from the payment then or thereafter due the subcontractors. Contractor or, at his option, and upon certification by the Architect that sufficient cause exists to justify such action, ARTICLE 18 may terminate the Contract and take possession of the CHANGES IN THE WORK site and of all materials, equipment, tools, and construc- tion equipment and machinery thereon owned by the 18.1 The Owner, without invalidating the Contract, may Contractor and may finish the Work by whatever method order Changes in the Work consisting of additions, dele- he may deem expedient, and if the unpaid balance of the tions, or modifications, the Contract Sum and the Con- Contract Sum exceeds the expense of finishing the Work, tract Time being adjusted accordingly. All such changes such excess shall be paid to the Contractor, but if such in the Work shall be authorized by written Change Order expense exceeds such unpaid balance, the Contractor signed by the Owner and the Architect. shall pay the difference to the Owner. AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIAe 7 A107-1978 © 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 21 OTHER CONDITIONS OR PROVISIONS 1. CSA herein referred to as Architect, is an agent of the owner. 2 . Contractor insurance requirements - See insurance addendum (attached) . 3 . All on-site labor to be performed by qualified union personnel . 4. Work shall not stop due to any labor negotiations or arbitrations . 5. Performance bond and labor and material payment bond is not required. 6. Unless otherwise provided in this contract, the Owner and Architect shall not furnish temporary facilities and services . Ash '.i',, , a ��-e `'*3 I M a 04--E.✓ r 1 This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR � � City Hall L. F. M. Floors City 4718 Cedar View Drive )'-'215 Church Avenue West Bend, WI 53095 s osh, �I 490 -1130 -1/--C- '�- .C�,/ 1u z.---CC - (YrS/41.110'Afrf`� P,-, w..„.. -7----(),AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA® vs.1\© 1978 • T AMERICAN INSTITUU E OF fyRCHITECTS, 173 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A�07- 978 $ W ��1\ .,,,, 1���� 1 � , 1, , 'lGt1 t d�.71 Cc' i � Q , J c CI) c coo 0 O - �y Q• O I-- O < U U c 6 T cc < 0 C ` V ' 1 r U � O ca . O t. 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La) 7 V Z Q Q I v Fa- v cn D: O C. i } j } 3 / a 1 } 3 I 3 7 I .. .. /• / < \ z 2 2 g Z z + - / / z 0 I-- 2 U \ / \ ° c/ ) c / / %ee%� C E - z \//// \ < \ /z§\ IN o < U < I- ®z /e=32 Z = ce3»OO %z/co \o_ C Q n ± 'C ® C . \ \/ - y /@ \ E . \® <0 \ o / ƒg— y 7 E I- {\ < , - \�� \\ / \ =a \ \ o § \� \ ( 6 \\ (\ = c } \~ < m )\ 2 \ /\ /\ \ \ {f = \ \ \ > / CA 0 .- e 2 0 }( 0 liii \ z. z H E let 2- 0� �w22_� \ / \ { � 6 g( \ / \ C Gz us ` zz 0 \ \ _,,7-ii \ 7d R§ < / z / %z /\ 7} " � R I Il :kGRE_EMEi1T \ PROJECT NN IL : Oshkosh Convention Center The undersigned has carefully examined the drawings and specifications , including any Alternates , [nstructions to Bidders , the Conditions of the Contract and General Requirements . If the above proposal is accepted , the undersigned hereby agrees to execute a contract with for the work involved. If this proposal is accepted, we will begin as soon as notified, and will complete all work in this contract in 10 working days from commencement of vro rk . The prices quoted in this bid shall be valid through October 1985 The owner reserves the right to reject any or all bids , or to waive any informalities in the bidding. The owner shall have the right to accept the aggregate or total bid for all work, or to accept any one or more of the separate unit bids stated, or any part or combination of parts of the work. If the bid is accepted as to part but not all of the work , the owner shall have the right to a- ward separate contracts to others for the balance of the work. L.F.M. Floors BID0[NG COMPANY NAME 4718 Cedar View Drive ADDRESS West Bend, WI 53095 PHONE NUMBER (414) 644-8496 DATE JI,l, 745 AUTHO• I ED IGNATURE TERIS: • Net 30 days DEPOSIT REQUIRED: None L24^40.4ti }` PROJECT NO: 045-8301 PAGE: . , :::-. «: , ...r• /`IIT 111AI -nn on° DATE : 11::::. l,LllJJtrt�.r,l 1�r1l . - APPROX. DELIVER: REV: ) AREAS OF USE QTY/SOURCE VENDOR: L.F.M. Floors ADDRESS: 4718 Cedar View Drive West Bend, WI 53095 PREFUNCTION PHONE : (414) 644-8496 REPRESENTATIVE : Rex Martin PHONE : (414) 644-8496 ITEM NO. ITEM DESCRIPTION ' QTY. UNIT COST TOTAL Carpet Installation Glue down installation Refer to CSA drawing 0815-0302 Tourism Office 52.67sy $2.75 $144.85 0719-0302 Coatroom 403 ._2- sy 2.75 -33: 6 II' .44.' Sbb Ticket Booth 12 sy 2.75 33.00 0748-0302 . Prefunction ' 849.34 sy 2.75 2,335.69 0743-0302 . Stairway Al .36- sy 2.75 96.25 112.15 0705-0302 • Mezzanine 157.67 sy 2.75 433.60 0745-0302 - Elevator 6 sy 2.75 16.50 0805-0302 Administration 122.67 sy 2.75 337.35 0828-0302 . Employee Lounge X1/3 2.81- sy 2.75 78785 0434 0777-0302 Ticket Booth 12 sy 2.75 33.00 ACTUAL TOTALS : BUDGET TOTALS : - (4044.34 REQUEST BY : PICTURE/SAMPLES COST PROTECTION : REMARKS : COST FROM: COST BY: SHIP TO INSTALLER: non tECT Nn . 045-8301 PAGE :•i CLASSIFICATION : X00 DATE: f'. APPROX , DELIVER: REV: AREAS OF USE OTY/SOURCE VENDOR: L.F.M. Floors 4718 Cedar View Dr. ADDRESS : West Bend, WI 53095 MEETING ROOM PHONE: (414) 644-8496 REPRESENTATIVE : Rex Martin PHONE: (414) 644-8496 ITEM NO. ITEM DESCRIPTION - QTY, UNIT COST TOTAL Carpet Installation Install over 5/16" felt pad Refer to CSA drawing 0751-0301 Meeting Room 106 sy $2.75 $291.50 0752-0301 Meeting Room 51.345y 2.75 141.19 • • ACTUAL TOTALS : $432.69 BUDGET TOTALS : REQUEST BY: PICTURE/SAMPLES COST PROTECTION : REMARKS: COST FROM: COST BY: SHIP TO INSTALLER: f.:::;.:Jai Contract Sec vice Associa/es /zw'c S✓r •HOS.:Tr Siff Mihnew ra/i. Afinrnesole 5541/ A aY, 7 'CSA, Inc October 10, 1985 Mr. Rex Martin L. F. M. Floors 4718 Cedar View Drive West Bend, WI 53095 RE: Oshkosh Convention Center Oshkosh, Wisconsin Dear Mr. Mar n: This letter constitutes a letter of intent awarding you the carpet installation package for the above referenced project. The contract amount of $4,077.43 is based upon your bid of September 9, 1985. If you should have any questions or ccx ments, please feel free to contact me. Sincerely,e Inc 1--'l(e--74-----7' lak Installation Coordinator 'IN/sw 045-8301 cc: Bob Simonson Larry Lancaster Ken Engel Susan Jacobson 41ir Gar deb lr6..Co,.w.., PARTIAL WAIVER OF LIEN To All Whom It May Concern: - WHEREAS, the undersigned has been employed by to furnish labor and materials for work, under a contract for the improvement of the premises described as in the (City-Village) of , County of , State of of which • is the owner. NOW,THEREFORE,this day of , 19 for and in consideration of the sum of i E Dollars paid simultaneously herewith,the receipt whereof is hereby acknowledged by the undersigned,the under- signed does hereby waive and release to the extent only of the aforesaid amount,any lien rights to,or claim of lien with respect to and on said above-described premises,and the improvements thereon,and on the monies or other considerations due or to become due from the owner, by virtue of said contract, on account of labor, services, materials, fixtures, apparatus or machinery furnished by the undersigned to or for the above-described premises, but only to the extent of the payment aforesaid. (Name of sole ownership,corporation or partnershipI •Arl.• ur;Inrllc i ISignaturel TITLE: INSTRUCTIONS FOR PARTIAL WAIVER • 1A'Na,,.e prem.or I-.n with whom too agteld to I.w.wh either I.00r.n••■••cPS.s..h le.iab.a t,oln I RI re.nN,/t ern eater,at misfit;stoke dM word lobo.et ll.e..o.d...•le.i•k it not in y0 0 connncl ICI 1,rm.love,..ore than one oP.Mtacl on Rte SPIV,pe...nw,deac.4,e IM WrMracl be MIAMI,It evMd,l[,hale and e•1e..1 or moth 401 i...oh M,arcs rte e..OV.pI.deapsMO.en tete n..pro..e-..FN and bide..,ot the p....ws sO the/•can be de.'• F..I,d f do any pow.ry.M.Ty 1E1 An•n,r.4 1nown should be d••jIhOINN ach..My. ....d en NW dole. Is I N w.vyer w for•Ontl,dNOn,corporate neer.a shriokl be.A.d.cotoe.Me vend all...1 end late W officer 4gr.I,g 0,0.011 shoot'he M help,•we•v•IS hl,•fMIrb..Yy1 the pert..••••ho.,roe..0.A4 l.e„t•et Mnnw.140.,44 lrgh eM d•Mgr.le f.wte lhf w Irnnr Designed By The Construction Industry Affairs Committee (CIAC) TOPS 3459 ,•1«O TO 11 • • C)COf•eIG•T 14173 TOPS eOSIN1 SS •0•..5 C..IC•GO.tl1 ANAL WAIVER O/ L/f_N Ti) AI: xV"o"` h "`.1xv [ ''''''` WHEREAS. /hm o.m,'vgncd has been employed by - mfum',` |aUo, sm /no/t;^uk �u. -«vo,x. under a contract for the improvement of the premises described as * th, ([/:v'ViUxgc) o( ��--_��_� _—�� Cnootyoi State of nf =o'c|` ______ is the owner. NOW, THEREFORE, this day of __-_____— . 19 for and in consideration of the sum of Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the under- signed does hereby waive and release any lien rights to, or claim of lien with respect to and on said above- described p"ernises, and the improvements thereon, and on the monies or other considerations due or to become due from the ovvnc,, on account of labor, services, material, (ixtores, apparatus or machinery heretofore or which may hereafter be furnished by the undersi ned to or for the above-described premises by virtue of said contract. w "°:x"^^""=o"rI"."^'"` SEAL' 'sn=".` TITLE: ^�.--_`.'^ ~~~~ •■•11 a..~°~^~^~.~~ •• ~ tn•~~~ ^—^~~'E..�_'"_ ~.,�_~~~_~~�~�~ o+..p."a By thy Cu",'°"°~ '^u"..~ ,A■*°.,. cm"~'"., (OAC} `*'., `^�" OWNER/CONTRACTOR INSURANCE ADDENDUM & SPECIAL CONDITIONS The Contractor shall maintain insurance for not less than the limits of 1-iability as specified as follows: MINIMUM INSURANCE REQUIREMENTS GENERAL LIABILITY LIMITS 1 . Broad Form-Comprehensive General Liability $500,000 2. Underground Explosion (X, C, U) 500,000 3. Products/Completed Operation 500,000 4. Contractual 500,000 5. Independent Contractors 500,000 6. Broad Form Property 500,000 7. Personal Injury With Contractual ; Employee 500,000 Exclusions Deleted 8. Excess/Unbrella 1 ,000,000 9. 60 day Cancellation Clause AUTOMOBILE LIMITS 1 . Any Auto-Fellow Employee Exclusion Deleted $500,000 2. Hired/Non-Owned 500,000 3. 60 Day Cancellation Clause *Carlson Companies, Inc. To Be Named As An Additional Insured On All Above Policies. WORKERS COMP/EMPLOYER'S LIABILITY LIMITS 1 . Worker' s Compensation Statutory 2. Employer' s Liability $500,000 3. 60 Day Cancellation Clause PROPERTY LIMITS 1 . Builders Risk Coverage (New Construction and/or Addition) Amount of Contract 2. Builders Risk Alteration/Repair Endorsement Amount of Contract 3. Installation Floater (Machinery and Equipment) Amount of Contract 4. 60 Day Cancellation Clause Before proceeding with any work, the Contractor shall furnish to the Owner Certificates of Insurance executed by insurance companies approved by the Owner evidencing the insurance coverages described above. Any Certificate of Insurance shall be forwarded to the following person: Ms. Shawn Wacholz Carlson Companies, Inc. 12805 State Highway 55 Minneapolis, MN 55441 PROTECTION OF BUILDING AND PROPERTY a. Contractor will note that building will remain occupied during work. He is responsible for taking all precautions necessary to protect the building, contents and personnel from damage or injury from his oper- ations, and from water entry into the building during construction. Dirt and dust must be kept to a minimum. b. Prior to starting work Contractor shall obtain approval of the Owner for locations of work operations at ground level , such as material storage, hoisting, dumping, etc. Work will be restricted to approved location. c. All debris and removed material shall be removed from the site in a timely manner to minimize accumulation. INSTRUCTIONS TO THE CONTRACTOR All instructions to the Contractor and correspondence from the Contractor shall be by CSA, Inc. and shall be from and addressed to Godfrey Love. GUARANTEE The Contractor shall guarantee to the Owner that all materials provided by him shall be new and of the best quality for the intended use and that all workmanship and materials shall be free from faults and defects for a period of one year beyond substantial completion of the project. Any defects or corrections shall be replaced when notified within the year guarantee period at a time approved by the Owner. JDB/0541K