STANDARD CONTRACTOR AGREEMENT
~.. H
\ ~.,
,.
t
A M
E R
C A
N I
t'\
S TIT Ii T E
01
A
RC"ITE('T~
.C.~;J
-,
AlA LXxlime111 All/
Standard Form of Agreement
Between Owner and Contractor
wbere tbe basis of payment is tbe
COST OF THE WORK PLUS A FEE
witb or witbout a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION \filTH
AN ATTORNEY IS ENCOURAGED \'(I17H RESPECT TO ITS COMPLETION OR MODIFICATION.
Tbe 1987 EditiUTI of AlA DuwmeTII A20/, Gelleral CUlldiliuTlS of tbe Contract for (.cJl/structiOTI, is adopted
ill tbis document by referellce. Do lIot use "!!.tb otber general conditions 1m less tbis dowment is modified.
This document has been approved and e~orsed by The Associated General Contr<lCtors of America.
AGREEMENT
made as of the
Nineteen Hundred and
7th
Ninety-Four
day of
April
in the year of
BETWEEN the Owner:
(Name and address)
The City of Clearwater, Florida
P.O. Box 4748
Clearwater, FL 34618
and the Contractor:
(Name al/d address)
Biltmore Construction Co, Inc.
1055 Ponce DeLeon Blvd.
Belleair, FL 34616
. .
the Project is:
(Name al/d address)
Renovation/Remodeling of the Old
Maas Brothers Property
Clearwater, FL
the Architect is:
(Name mid address)
Rowe Architects, Inc.
100 Madison Street, Suite #200
Tampa, FL 33602
The Owner and Contractor agree as set forth below.
Copyright 1920, 1925, 1951, 1958, 1%1, 1963. 1%7. 1974. 19"'8. @1987 by The American Institute of Architects, 1735 New
York Avenue, N.W., W'ashington, D.C. 20006. Reproduction of the material herein or substantial quotation of lls provisions
without wrillen permission of the AlA violates the copyriRht laws of the United Stales and will be subject to legal prosecution.
AlA DOCUMENT A111 0 O\1t'NER.CONTRACTOR AGREEMF.NT 0 TEI'111 ~IJITI(~ 1}14... ^GI9f1loJl'.!f- ": · T
If) 11 I yA/)<lERICAN INSTITUTE OF ARCIIlTECTS. 17nlf!),qn ~fti,~t..,~.r-t\1t. "lA.'PIN(J~()~.!l>J.:I'2rrt.~_ \\~ '.
(.L>' /'S<t \...J r\ ; \..J II " I . L..' " .. ..
~ 8.,li\o.Ui,L.. ' ; ",I...... ...
A111-1987 1
,
I I
~\ ...
I
I
ARTiClE 1
THE CONTRACT DOCUMENTS
1.1 The Contract Documents consisl of this Agreemenl. ConditiollS of the COlllract (General, Supplementary and other ConcH-
tions), Drawings, Specificalions, Addenda issued prior 10 execulion of this Agrc'ement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement; these formlhe Contracl, and are as fully a part ofthe Contract as if attached to
this Agreement or repeated herein, The COIllract rcpresellls the entire and lrllq~r.tted agreement between the parties hereto and
supersedes prior negotiations, representations or agreemellls, dlher wriuen or oral, An enumeration of the Contract Documellls,
other than Modifications, appears in Article 16, If anything in the other ContrJcl Documents is inconsistent with this Agreement, this
Agreement shall govern,
ARTIClE 2
THE WORK OF THIS CONTRACT
2.1 The Contractor shall execute the entire \1('ork descrilx'd in the Contract Documents, except to the extelll specifically indi-
cated in the Contract Documents to be the responsibilily of others, or a.s follows:
Provide renovations and modifications to the "Old Maas Brothers"
building and site located at the corner of Osceola and Cleveland
Streets in downtown Clearwater, FL.
ARTIClE 3
RELATIONSHIP OF THE PARTIES
3.1 The Contractor accepts the relationship of trust and confidence established by thLe; Agreement and covenants with the Owner
to cooperate with the Architect and utilize the ContrKtor's beSl skill, efforts and judgment in furthering the intere.e;ts of the Owner; to
furnish efficient business administralion and supervision; 10 nuke best efforls 10 furnLsh at all times an adequate supply of workers
and materials; and to perfonn the Work in the best way and mosl expeclitious and e<:onomical manner consistent with the inlerests of
the Owner. The Owner agrees to exercise best efforts 10 enable the Contractor to pcrfonll the Work in the best way and most expedi-
tious manner by furnishing and approving in a limely way infonllation required by the Contractor and making paymellls to the Con-
tractor in accordance with requirements of the Conlract ()ocunl<:nIS,
ARTIClE 4
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1 The date of commencement is the dale from which (he Contract Time of Subparagraph 4,2 is measured; it shall be the date of
(his Agreement, as first written above, unless a differenl dale is staled below or provision is made for the date to be fixed in a notice 10
proceed issued oy the Owner.
(lns'ert the datt' of ffJt1Ul11'1IU.,lIt'1,t, if it d.fft'rs fro", IIJ(' ,J'II(' oj thn ARrc't'nU",t ur, iJ"PI"It:ahlt., Malt' tha/IIlt' tltllt' wi/l hf.. /ix('d j" a "olief' 10/,n/l(:.'..'(/.)
Upon execution of this Agreement.
Unless the date of commencement is established by a notice to proceed Lssucd by the Owner, the Contractor shall notify the Owner
in wriling not less than five days before commencing the Work to perolit the timely filing of mortgages, mechanic's liens and other
security interests,
AlA DOCUMENT A111 . O'X'NER.CONTRACTOR
AMERICAN INSTITUTE OF ARClIlTfCTS, 17,\~ N
,r"'....' ,
i' r'- r. ,~-
A111-1987 2
I
I
4.2 The Contractor shall achievc Substamial Cumpletion of the elllirc Work not later than * A ugus t 1, 1994
(Inserllbe calP1/eJar dale or number of calP1/dar dt,ys afler 1m' dalc' of wmmm{'(.,,,ml Aim ;l/5c..-1 "ny n~/";n""P1I1S for t'(lrllc'r S"bslanlial Complel;rll/ oj (erla;" por,
tions of Ibe If'ork, if nol slaled elseu'here ;n Ibe CotllrarrlJo<umellls.)
* This is the proposed date. The final date will be confirmed
after the scope of work has been defined.
, subject to adjustments of this Contracl Time as provided in the CUnlrJCI Documcnts,
(Inserl pro,';s;ons, if a1l)', for IIqu;daled damases relali1lS 10 f";I,,re 10 com{>lell' 0" I;me)
There are no liquidated or consequential damages.
ARTIClE 5
CONTRACT SUM
5.1 The Owner shall pay the Conlractor in current funds for lhe Contractor's perfomlance of the Comract the Contracl Sum con-
sisting of the Cost of the Work as defined in Ankle 7 and the Contraclor's Fee determined as follows:
(Slale a lump sum, percenlage of Cosl of Ibe If'ork or olher pro";,';CII/ for dc'I''fT7,;n;1IR 1Ix' Oll/lrCUlor 's Ff'(', and ex pia;" IxIU' the Conlmclor 's FN! ;s 10 be adjl/sled for
cbanges ;n Ibe Work.)
The Contractor's Fee is a Lump Sum of Eighty Thousand Dollars
($80,000.00) based on a Contract Sum of $2,000,000.00.
If the Contract Sum exceed $2,000,000.00, the Fee shall increase
at a rate of Four Percent (4%) for the amountpr $2,000,000.00.
,:Wt!:tL t!A-fJr'
If the Contract Sum does not exceed $2,000,000.00, the Fee shall
remain at a Lump Sum of $80,000.00.
5.2 GUARANTEED MAXIMUM PRICE (IF APPLICABLE)
5.2.1 The sum of the Cost of the Work and the Contractor's Fee Lsguaranteed by the Contractor nut to excced To be d et e rmi ned
Dollars (I TBD ),
subject to additions and deductions by Change Order as provided in the Comract Documents, Such maximum sum Ls referred to in
thc Contract Documents as the Guaranteed Maximum Price, Costs which would cause the Guaranteed Maximum Price to bc
exceeded shall be paid by the Contractor without reimbursemcnt by the Owner.
(lmerl sfledf;( 1'1'(I/';s;rll/" if Ib,' Crmlra('/or ;J 10 flarl;<'ipal,' ;11 'lilY SUl';"/(.')
AlA DOCUMENT Attt . OWNER-CONTRACTOR A R
AMERICAN INSTITUTE OF ARCHITECTS, 173~ N, '
IN' IA.'. (f) 19H7 . niE ,i -
'1'lSllIN<iTON, () (: '2tIOII(,' , t_
,,~..~~,~ 3i..n:..
A111.1987 3
c.
I
I
5.2.2 The Guaranteed Maximum Price is based upon the following alternates, if any, which are described in the Conlract Docu-
ments and are hereby accepted by the Owner:
(Slale IlJe numbers ur OIlWT idelll./iraUfJ" of Q("n'p/t'cJ allt.nllllt'.... I1Ul fmlY;1 II (i'Ulrtl1ltfY"(/ .'tllllmU11I /''';((' iJ ill.H'r/t'd;" S"h/JilrUll."III'" 5.l, I. I) cJ('l.'.{;(J"-( Ot. olb('r
allrnlatt's an' 10 ht. mtld.. ~\' O,t' O,nwr .\lIfJ.'iC.'t/1H'1J110 Ibt' l'.\'("U"'U1I oj 1",-" .-4Rn,"pu,,", llltl/l h (I .~( I,..c/,,/t. oj ,"14(_'" ot1Jf" allt'nltll(.,~ .~h(JlntlJ.: Ih(' (Inlprult/or ('tit" (lilt! '''t'
d(lll' lOIIiI,I'IJi(/.J lbo' amou"t IS I'tll,,'-)
5.2.3 The amounlS agreed to for unit prices, if any, arc a.~ follows:
(.~-ta/t' 1111;1 prict's 0111.1' If II (;uaralltcl'd ,'Ia.,',,,,u,,, I'riu' ;.f, jll,\(""letl,,, SIl'J/'fl1(1~rtJf'" 'i! /.)
ARTICLE 6
CHANGES IN THE WORK
6.1 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE
6.1.1 Adjustments to Ihe Guarallteed Maximum Price on accoullt of c1lal1~es in the Work may be del ermined b)' any of Ihe
methods listed in Subparagraph 7,3,3 of the General Conditions,
6.1.2 In caJculaling adjuslrnents to suhcontr:lCts (except thosc' awardc'd wilh the Ownc'r's prior nmsent on the basis of cosl plus a
fee), the terms "cost" and "fee" as used in Clause 7,3.,~,_~ of till' GencTJI Conuitions and the terms "costs" and "a reasonable'
allowance for overhead and profit" as used in Subpara~raph 7,_~,(H)f the lieneraJ Conditions shall h:Jve thc' meanings assigned 10 them
in the General Conditions and shall mil he modified by Articles S, 7 and H of lhis A~rc't:ment. Adjustments to subcontracts awarded
with the Owner's prior consent on the basis of COSI plus a kc' shall be' <:alrul:llcd in accordance with the tcrms of those subnllltr:Jcls,
6.1.3 In calculating adjustments to this Conlract, the terms "cost" and "COSlS" as used In the above-referenced pro\'isions of the
General Conditions shalf mean the COSI of the Work as defined in Aniclc 7 of this Agrccmcnl and the tcnns "fee" and "a reasonable
allowance for overhead and profit" shall mcan the Contractor's Fc'C as defined in ParagrJph S.I of lhis Agreement.
r r>-'\ ';' ~
AlA DOCUMENT A1t t . O'X.I"F.R,CO:-HRACTOR M;RE ' 1 n - ~ ... t:1lI:no:-;" AlA" . <0 IWI" " 111F.
AMERICAt-: It-:STlTI'H OF. ARUIITlTTS. 17~~ NF.W YIlRK ~rNl'''"r-:~,,'X;ASI!It-:<;TIlN. ilL ~t"H", A111-1987 4
OIL 11,,1-), :.. \,.. '~_ ,~ .....,.. ll.i~"
I
I
6.2 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRIce
6.2.1 Increased costs for the items set forth in Article 7 which result from changcs In the Work shall become part of the Cost of the
Work, and the Contractor's Fee shall be adjusted as provided in Paragraph 5,\.
6.3 ALL CONTRACTS
6.3.1 If no specific provision Is made In Paragraph 5.\ for adjustment of the Contractor's Fee in the case of changes in the Work,
or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Paragraph 5,\ will causc
substantial inequity to the Ov,'ner or Contractor, the Contractor's Fee shall be equilably adjusted on the basis of the Fee establishcd
for the original Work.
ARTIClE 7
COSTS TO BE REIMBURSED
7.1 The tenn CO~1 of the Work shall mean costs necessarily incurred by the Conlractor in the proper performance of the Work,
Such costs shall be at rates not higher than the standard paid at the pl2ce of the ProjecI cxcept with prior consent of the Owner. The
Cost of the Work shall include only the items set forth in thLs Article 7,
7.1.1 LABOR COSTS
7.1.1.1 Wages of construction workers directly employed by the Conlractor to perform the construction of the Work at the site or,
with the Owner's agreement, at off-site workshops,
7.1.1.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's
agreement. See Article 14.
(If it is intendRd tbattbe wages or salaries of ,"tain persorrnel stationed at tbe Contractors prinClJ'al or other office,' shall be inclutWd irr tbe Cost oftbe W'orAl. iderr-
tify in Article 14 tbe persanrrelta be included and ,,"'X'tb" for alt ar anly part of tbrir time.)
7.1.1.3 Wages and salaries of the Contractor's supervisory or adminle;trative personnel engaged, at factories, workshops or on the
road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of
their time required for the Work.
7.1.1.4 Costs pald or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by I2w or
collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical
and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the
Work under Cl2uses 7.1.1.1 through 7.1.1.3.
7.1.2 SUBCONTRACT COSTS
Payments made by the Contractor to Subcontractors in accordance with the requirements of the subconlracts,
7.1.3 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
7.1.3.1 Costs, including transportation, of materiaLe; and equipment incorporaled or to be incorporated in the completed construction,
7.1.3.2 Costs of materials described in the preceding Clause 7.1.3.1 in excess of those actually installed but required to providc rea.
sonable allowance for waste and for spoilage. Unused excess materials, if any, shall bc handed over to the Ov,'ner at the completion of
the Work or, at the Owner's option, shall be sold by the Contractor; amounts realizcd, if any, from such sales shall bc credited to thc
Owner as a deduction from the Cost of the Work.
7.1.4 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS
7.1.4.1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities,
machinery, equipment, and hand tools not customarily ov,'ned by the construction workers, which are providcd by the Contractor al
the site and fully consumed in the pcrformance of the Work; and cost1ess salvage valuc on such items if not fully consumed, whethcr
sold to others or retained by the COnlractor. Cost for items previously lL'iCd by the Contractor shall mean fair market value,
7.1.4.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction
workers, which are provided by the Contractor at the site, whether rented from the Contractor or othcrs, and costs of transportation,
installation, minor repairs and replacemcn.ts, dismantling and removal thcrt'Pf, Rates and quantilil's of ~<W.iPI1)C;.lU. rc:n1ed shall be sub.
jectlO the Owner's prior approval. EquIpment rental rates WIll be based on lUCJ"/O AGe Blue Bobk rates.
7.1.4.3 Costs of removal of debrL~ frolll the site.
7.1.4.4 Costs of telegrams and long-distance tclephone calls. post;tgc' and parcd delivery chargc's, lelephone service atlhe sitc and rea-
sonable pelty cash expenses of the sitc office.
7.1.4.5 That portion of the reasonable travel and suhsistence expen.ses of the Conlr;tctor's personnel incurrcd while traveling in dis-
charge of duties connected with the Work. 0 r.:7 I ("" I r',1"" ; .,'.'-.:' '. .":'" !
. ,I \.J, f ". '.' . , I L....I'iL
AlA DOCUMENT Att t . OWNER-CO~TRACTOR AGREf.Mf.N'IBIl"tilltJRt!I~N', AlA" · OCJ,I'IH7' TIlL. '. ,. .
AMERICAN INSTITl'H OF ARCIIIHCTS, 17_\~ Nf.'X' YORK A'TNI'F. f';W,'XA~I"N(;10N, 11(' !(~llH-'-"" II'JC. A111-1987 5
I
I
7.1.5 MISCELLANEOUS COSTS
7.1.5.1 That portion directly attributable to this Contract of premiwns for Insurance and bonds,
7.1.5.2 Sales, use or similar l2Xes imposed by a governmental authority which are related to the Work and for which the Contractor
Is liable,
7.1.5.3 Fees and assessments for the buUding permit and for other pennll~, licenses and Inspections for which the Contractor Is
required by the Contract Documents to pa}',
7.1.5.4 Fecs of testing laboratories for tesls required by the Contract Docwnents, except those related to defectIve or nonconfonning
Work for which reimbursement Is excluded by Subparagraph 13.5,3 of the ~neral ConditIons or other provisions of the Contract
Documents and which do not fall within the scope of Subparagraphs 7,2.2 through 7.2.4 belo"".
7 .1.5.5 Royalties and license fees pald for the use of a particular design, process or product required by the Contract Documents; the
cost of defending suits or claims for infringement of patent rights arising from such ~qul~ment by the Contract Documents;
payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of set-
tlements made ",'ith the Owner's consenl; provided, however, that such costs of legal defenses,ludgment and settlements shall not be
included in the calculation of the Contractor's Fee or of a Guaranteed Maximum Price, if any, and provided that such royalties, fees
and costs are not excluded by the last sentence of Subparagraph 3.17.1 of the ~neral Conditions or other pro\'isions of the Contract
Documents.
7.1.5.6 Deposits lost for causes other than the Contractor's fault or negUgence.
7.1.6 OTHER COSTS
7.1.6.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner.
7.2 EMERGENCIES: REPAIRS TO DAMAGED, DEFEC11VE OR NONCONFORMING WORK
The Cost of the Work shall also include costs described in Paragraph 7,) ",'hlch are incurred by the Contractor:
7 .2.1 In taking action to prevent threalened damage, injury or loss in C2SC of an emergency affecting the safety of persons and prop-
erty, as provided in Paragraph 10,3 of the General Conditions,
7.2.2 In repairing or correcting Work damaged or improperly executed by construction workers in the employ of the Contractor,
provided such damage or improper execution did not ~sult from the fault or negligence of the Contractor or the Contractor's
foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Contractor.
7.2.3 In repairing damaged Work other than that described in Subparagraph 7,2.2, provided such damage did not rcsult from the
fault or negligence of the Contractor or the Contractor's personnel, and only to the extent that the cost of such repairs Ls not
recoverable by the Contractor from others and the Contractor is not compensaled therefor by insurance or otherwL~e,
7.2.4 In correcting defective or nonconforming Work performed or supplied by a Subcontractor or malerial supplier and not cor-
rected by them, provided such defective or nonconfonning Work did not rcsult from the fault or neglect of the Contractor or the
Contractor's personnel adequately to supervise and direclthe Work of the Subcontractor or material supplier, and only to the extent
that the cost of correcting the defective or nonconfonning Work is not recoverable by the Contraclor from the Subcontractor or
material supplier.
ARTIClE 8
COSTS NOT TO BE REIMBURSED
8.1 The Cost of the Work shall not include:
8.1.1 Salaries and other compensation of the Contractor's personnel st:ltioned at the Contractor's principal office or offices olher
than the site office, except as specifically provided in Clau.scs 7.1.1,2 and 7,1.1.3 or as may be pro\'ided in Article 14.
8.1.2 Expenses of the Contractor's principal office and offices other than the site omce.
8.1.3 Overhead and general expenses, excepl a.s may be expressl}' included in Article 7,
8.1.4 The Contractor's capital expenses, Including intercst on the Contractor's capital employed for the Work.
8.1.5 Rental cosle; of machinery and equipment, except a.s specifically provided in Clause 7,1.4,2,
8.1.6 Except as provided In Subparag;-aphs 7.2.2 through 7,2,4 and Paragraph 13,5 of this Agreement, costs due to therault or negli-
gence of the Contractor, Subcontractors, anyone direct'}' or indirectly employed by any of them, or for whose acts any of them may
be liable, including but not limited to costs for the correction of darn2ged, defective or nonconfonning \l'ork, disposal and replace-
ment of materials and equipment incorrectly ordered or supplied, and making good damage to propen}' not fonning pan of the
Work.
'.1.7 Any cost not specifically and expressly described in Article 7,
8.1.8 Costs which would cau.c;e the Gua 'V~lP~~, if any, to be e,,~ded,
.' I...; ", . ...;
AlA DOCUMENT AUt. OWNER-CONTRACTOR AG EN' NT I [DlTiON. AlA" . I[) 19"7. T.l~ ,i .
AMERICAN tNSTlTl'TE OF ARCHITECTS, 17~~ NE\lt' YOR!B4i.:ilrh:'ll)NlII',liuSIlINGTON. D,C: 2,lXlC.J'l... Ii"K.
A111.1987 8
I
I
12.5 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE
(
12.5.1 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Contractor in accor-
dance with the Contract Documents. Thc schedule of values shall allocate the entirc Guaranteed Maximum Price among the various
portions of the Work, except that the Contractor's Fee shall be ShO\\l1 as a single separatc item. The schedule of values shall be
prepared in such form and supported by such data to substanliate its accuracy as the Architect may require. ThLs schedule, unless
objected to by the Architect, shall be used as a ba.sis for revle\\ing the Contractor's Applications for Payment.
12.5.2 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period
covered by the Application for Payment. The percentage complelion shall be the lesser of (I) the percentage of that portion of the
Work which ha.s actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred
by the Contractor on account of that portion of the Work for which the Contractor has made or Intends to make actual payment prior
to the next Application for Payment by (b) the sharc of the Guaranteed Maximum Price allocated to that portion of the Work in the
schedule of values,
12.5.3 Subject to other provisions of the Contract Documenl~, the amount of each progress payment shall be compuled a.s follows:
12.5.3.1 Take that portion of the Guarantced Maximum Price properly allocable to completed Work as detennined by multiplying
the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of
the Work in the schedule of values, 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 Guaranteed Maximum Price ha.s not
yet been adjusted by Change Order.
12.5.3.2 Add that portion of the Guarantecd Maximum Price properly allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the Work or, if approved In advance by the Owner, suitably stored off the site at a
location agreed upon in writing.
12.5.3.3 Add the Contractor's Fee, less retainage of f our percent (4 %),
The Contractor's Fee shall be computed upon the COSl of the Work described in the two preceding Clauses at the rate stated in
Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in that Paragraph, shall be an amount whIch bears the same ratio to
that fIXed-sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estinlate of the probable Cost of the
Work upon Its completion.
12.5.3.4 Subtract the aggregate of previous payments made by the Owner,
12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 to substantiate
prior Applications for Payment, or resulting from errors subsequently discovered by the O\\l1er'S accountanLs in such documentation,
12.5.3.6 Subtract amounts, if any, for which thc Architect has withheld or nullified a Certificale for paymenl a.s provided in
Paragraph 9.5 of the General Conditions,
12.5.4 Additional retainage, if any, shall be as follows:
(IJ il is i"'end,,d 10 r"'ai,, addi/iu"al amou"'s Jro", ProR"'s" POP'''''''s /0 /ll(' (.,mlm('/or be).md (I) I~ ~/ainallf' Jrom I~ Co"'raclor's FI!f.' Im",id,'d i" Oall,'<'
12,5,3.3, (2) Ihe r",ainal/e Jmm SlIhnmlraclurs Prt!/'id,'d '" I'aral/raph 12, ;- ""Iou', alld (3) ,''', rf'laintll/f', 'f all)', pro,.;dtd b)' 01,," pn.l/'iSions o} Ihe Omlrad. i",,'rl
pm,.;sion Jor sllch addi/i",w! "'lai"aR'> h....". Such pre",isi"", iJ made, "",,,,id <11m d,...('ribe tII'Y 017'("'R"",e'" Jor Iimili"R or rtduci"I/ ''''' amou,,' rt'l<lil...d <lJll'r /I..
U"'ork re(lfbes a ft'rlai" slale of (omf'It'lio1l.)
Ten percent (10%) retainage shall be withheld. At fifty percent (50%)
completion of the project, the retainage will be reduced to five percent
(5%). When specific work activity is 100% complete and satisfactory to
the Owner, the retainage for that work activity may be reduced to zero
percent (0%) at the Owner's discretion.
12jX~~rsxwITROtTfCkGO~iMMiXiMtni~CiX
1X~~X.;m~~~KN!)EOOR:MooK~KX:MStro)t~JCIJq!KtJR!MlptbeJQ1D(r:ca0{0Irxlx~mIK00lt:Mrx~oo
c~~~~)k'kx~x~~:k~~~~~~~iX'x'kx~~~~~~x'll[~~~~:R~~~~R<:M*~~~~
~>>tIk;K~IXfQ1dt"X!:I:!rok
1.;lt2X!fflfSj~~~~iO~~~0i1ft.1-i~,~(gi~1f~~j}@f~fh~~~*x
1U.1l~~iXl&X~~~~*~~~~Jf~jl4~~IJ.
1~11~~X~~~X~~N~Kxxxxxxxxxxxxxxxxxx~m+xxxXXX%~~~M~~~X~X
s~-k~1R~~~~x>k~~~:R~~~~1t:'l:R<kij(R1RR"1lC~~*~-k~W1t~!(j{l~~IJt~)t~j{x1Kx
G.9tJlOOW.J;t:jx'mC4t*~Ji~44P3&:J!~Sl~~~~~:QiX'~Wxtb~~<?r-~*:!t~~~Sd~1JCf<x'i)c~x
t~.rw()rK"fi'i"[l1c"prcce(ffhg-'tfausc Dears to a rC<lS()rt"ante eSlIIiThfc"Of"t11e prO/lame ei)W6t"()1c"\V()r'J< uponft\ comPletiOn.
1~~~xro~~~ocoo~~~xmxmxk~~mlK~Nmxx
1a:.:i;R"~ktKOO)t~~XfJtroXoo~~:nJ{tb~~~nJ!t!XJ(IXOO1;lIDoxO@l~14i2JC~x.i:IDJ(oc:Klmuqoc
ate _E~i_~~_ A[>p'lications for Payment or resultinR from errors subsequently discovered bL the Owne(s accuuruanKiILs~
~~ft~~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~xxxxxxxxxxxxx
,
: . I' I' TtoN.'T11 F.1>1TI0N' AlA- '~Hl)H1'nIL, \
I', . Y(lll( AU"l 'f.,. NW" 'X'ASIIIN(;HJN, Il C l("l\~\1 C
B:i_ (.,;~ i,' . ,I II 4 ~
AlA DOCUMENT Attt . OWNEK,CONTRACT R
A"ERICAN INSTlTUTf. OF ARClllTf.CTS, 17,~
A 111.1987
8
i
I
(
ment and a final accounting for the Cost of the Work have bcen submilled by the Contractor and reviewed by the Owner's accoun-
tants; and (3) a final Certificate for Payment ha.s then 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 Paymenl, or as follows:
13.2 The amounl of the final payment shall be calculated as follows:
13.2.1 Take the sum of the Cost of the Work substantiated by thc Contractor's fUlal accounting and the Contractor's Fec; but not
more than the Guaranteed Maximum Price, if any.
13.2.2 Subtract amounts, if any, for which the Archilect withholds, in whole or in part, a final Certificale for Payment as provided in
Subparagraph 9.5.1 of the General Conditions or other provisions of the Contract Documents,
13.2.3 Subtract the aggregate of previous payments made by the Owner.
If the aggregate of previous payments made by the Owner exceed~ the amount due the Contractor, the Contractor shall reimburse the
difference to the Owner.
13.3 The Owner's accountanl~ will rcview and report in ~..ritlng on the Contractor's fmal accounting within 30 days after delivery
of the final accounting to the Architect by the Contractor. Based upon such Cost of the Work as the Owner's accountants report to be
substantiated by the Contractor's final accounting, and provided the other conditions of Paragraph 13. I have been met, the Architect
will, within seven days after receipt of the written report of the Ov,ner's accountants, either issue to the Owner a final Certificate for
Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of thc Architect's reasons for withholding a
certificatc as provided in Subparagraph 9.5,1 of the Gencral Conditions. The time periods staled in this Paragraph 13,3 supersede
those stated in Subparagraph 9.4.1 of the General Conditions.
13.4 If the Owner's accountants report the Cost of the Work as substantiated b)' the Contractor's final accounting to be less than
claimed by the Contractor, the Contractor shall be entitled to demand arbitration of the disputcd anlount without a further dedsion of
the Architect, Such demand for arbitration shall bc made by the Contractor within 30 days after the Contractor's receipl of a copy of
the Architect's final Certifi('ate for Payment; failure to demand arbitration v,'ithln this 30.day period shall result in thc' subslantiated
amount reported by the Owner's accountants becoming bindlng on thc COnlractor, Pending a final resolution by arbilration, the
Owner shall pay the Contractor the amount certified in the Architect's final Certificate for Payment.
13.5 If, subsequent to final payment and at the Owner's request, the COnlractor incurs cOSl~ described in Article 7 and nOI
excluded by Article fI to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the
Contractor's Fee applicable thereto on the same basLs ae; If such costs had been incurrcd prior to final payment, bUI not in excess of
the Guaranteed Maximum Price, if any. If the Contractor has participated in saving.~ as provided in Paragraph 5,2, the amount of such
savings shall be recalculated and appropriate credit given to the Ov,ner In determining the net anlOunt to be paid by the Owner 10 the
Contractor.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.1 Where reference is made in this Agreement 10 a provLsion of the General Conditions or another COnlract Document, the ref.
erence refers to that provision as anlended or supplemented by other provisions of the Contract Documents.
14.2 Payments due and unpaid under the Contract shall ne-Jf interest from the date payment L~ due at the rate slaled below, or in
the absence thereof, at the legal rale prevailing from time 10 time at the place where the Project Is located.
(I11.<('rl ml,. oj i",('r('sl ''/In','d "1'011, if all)".)
14.3 General Condition costs are included in accordance with our proposal as
indicated on Attachment "A".
(llslIry Itlu's a"tl reqllir'emC'"b ""tlt'" 1/.)(" Ft'defat trill" ,,, l.e"d,,,1/. At'I, .(;miltlr Malt' II lit' /fH.:al nm.",""('r o1'dillnu'$ tllltl olh".,. r("//.IIltllior"" fit 11.1(' ()".,wr 's a"lJ CO".
Ir(lclor 's prilld/Ja/I'/a<<'.' ol/msi"...<.<, Ib('/owlillJ' of 1/'.. I'ruj,~ I (/)/(1 C'I."'ld..~" 1nL~1' a11.\.'I/'" . '"lidil)" of I/oi., prrwisi'II/. I,"}lal {lei,.;...' sbo,,'" "', ohl"i,/(~I witb rt'.'I"~'II"
tle{(JIi'''1.''i ur nl(}(/~Jiullltms, {l1lel abw rt'1/.llrtl"'R 1"t't/llirt'mt'I".'i SlIdJ il." wn.II~'11 (Jut:lo.'illn".'O ur t4Y/"'~'r.".)
AlA DOCUMENT Attt .O'X'NER-CONTRACTO
AMf.RICAN INSTlTI'H or ARClIIHCTS. PiS
A 111-1987 10
(
(
(
I
I
14.3 Other provisions:
ARTIClE 15
TERMINATION OR SUSPENSION
15.1 The Contract may be terminated by the Contractor as provided in Article 14 of the General Conditions; however, the
amount to be paid to the Contractor under Subparagraph 14,1,2 of the General Conditions shall not exceed the amount the Contrac-
tor would be entitled to receive under Paragraph 15.3 below, except that the Contractor's Fee shall be calcul:lled as if Ihe Work had
been fully completed by the Contractor, including a reasonable estimate of the Cost of the Work for Work not actually completed,
15.2 lfa Guaranteed Maximum Price Is established in Article 5. the Contract may be terminated by the Owner for cause as provided
in Article 14 of the General Conditions; however, the amount, If any, to be paid to the Contractor under Subparagraph 14,2.4 of the
General Conditions shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the anlOunt the Contractor
would be entitled to receive under Paragraph 15,3 below.
15.3 If no Guaranteed Maximum Price is established in Article 5. the Contract may be terminated by the Owner for cause as pro-
vided in Article 14 of the General Conditions; however, the Owner shall then pay the Contractor an amount calculated as follows:
15.3.1 Take the Cost of the Work incurred by the Contractor to the date of termination.
15.3.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Paragraph 5.1
or, if the Contractor's Fee Is stated as a fixed sum in that Paragraph, an anlOunt which bears the same ratio to that fixed-sum Fee as the
Cost of the Work at the time of termination bears to a reasonable estimale of the probable Cost of the Work upon its complelion,
15.3.3 Subtract the aggregate of previous payments made by the Owner.
The Owner shall also pay the Contractor fair compensalion, either by purchase or rental at the election of the Owner, for any equip-
ment owned by the Contractor which Ihe Owner elects to retain and which is not otherwise included in the Cost of the Work under
Subparagraph 15.3.1, To the extent that the Owner elects to take legal assignment of subconlracts and purchase orders (including ren-
tal agreements), the Contractor shall, as a condition of receiving the payments referred to In this Article IS. execute and deliver all
such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the COnlractor,
as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcon-
tracts or purchase orders,
15.4 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions; in such case. the Guaranteed
Maximum Price, if any, shall be increased as provided in Subparagraph 14.3.2 of the Generdl Conditions except thai the term "cost of
performance of the Contract" in that Subparagraph shall be understood to mean the Cost of the Work and the term "profit" shall be
understood to mean the Contractor's Fee as described in Paragrdphs 5,1 and 6,3 of this Agreement,
ARTIClE 16
ENUMERA TION OF CONTRACT DOCUMENTS
16.1 The Contract Documents, except for Modifications l'iSued after execution of thLs Agreement, are enumerated as follows:
16.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. AlA Document AlII, 1987
Edition,
16.1.2 The General Conditions are the Gel' a (n 'ti?'rs pfthe COnlract for ConstructIQn.,AlA Document A20l, 1987 Edition.
. ;., I"~
AlA DOCUMENT Attt . OWNER,CONTRACTOR AGR .,~: . F.N 'II F.hlnON' AlA- . ~19Ri' nm ' ,
AMERICAN INSTlTlITF. OF ARCIIITF.r.TS. I~~~ NFlX' YORK9ltf!iivli.lN.Vl', ,IX'ASIIINC;TON, DC: lC~~J/i "I. ".
A111-1987 11
"
(
(
(
I
16.1.5 The Drawings are as follows, and are dated
(Eilber lisl lhe Drawings here or reler 10 an exhibit allacbed 10 Ibis ARremaml.)
Number
Title
16.1.6 The Addenda, If any, are as follows:
Number
Date
I
unles.~ a different date is shuwn below:
Date
Pages
Portions of Addenda relating to bIdding requIrements are not pan of the Contract Documents unless the bIdding requIrements are
also enumerated in this Article 16. I (~ : '" ' ,
AlA DOCUMENT Att1 · OWNER-CONTRACTOR AGRE tENT ~ TENTH EDITION. AlA- . @1987.THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK JaliJ.ll1E,N,W,. WASHINGTON, D,C, 20006 A111-1987 13
I
I
(
16.1.7 Other Documents, if any, forming part of the Contract Documents are as foUows:
(List here any additional documents wbicb are intended /(J furm port of the Omtroct IJlxuments, The Gn,eral Conditions prol'ldt> tbat bidding requirements sucb as
adl>ertisement or Inr'ilation to bid, Instructiuns to Bidd('f's, sample forms and the OmtracllJr 's bid ar(' not part of the Contract Documents unless n,"merated in tbis
Agreement, Tbey sbuuld be listed bere only If intended to be pori of/be CUlltrod IJlJCUmentsj
(
nd correctness:
ATTEST:
, Acting City Manager
ThLs Agreement is entered into as of the day and year first written above and Is executed In at least three origb'ra1 copies of which one
is to be delivered to the Contractor, one to the Architect for u.se In the adminIstration of the Contract, and the remainder to the
Owner,
(Prinled name and lit/e)
OP1( ,
. \ " '..
.t:t).(2~X ....Tt-
(I>,"nted 'lame arId titie)
V. f
CITY OF CLEARWATER
See above for ther
OW
city signatures. J
C~TRAtT
(
(Signature)
Rita Garvey
Mayor-Commissioner
AlA DOCUMENT Attt · OWNER,CONTRACTOR AGREEMENT tttMrNWITION' AtAe . @19H7' TIlE
AMERICAN INSTITUTE OF ARCHITECTS, t735 NE\lt' YORK AVENIIE, N,\lt', , \It'ASItINGTON, DC lOllOh
A 111-1987 14
,'.
I
ATTACHMENT "A"
1
Proposal
for
Construction Management
Services
.......IJJJ___lilJliim..................
_;;;"i, ....llj~:.im IIrll;;!!!ll~lie ~" mMl....::;;::
'1(11111111141111111__1
March 28, 1994
Submitted to
Ms. Elizabeth M. Deptula
Interun City Manager
City of Clearwater
Po. Box 4748
Clearwater, Florida 34618
Submitted by
Biltmore Construction Company, Inc.
1055 Ponce DeLeon Boulevard
Bellemr, Florida 34616
UKl; . .\ "
".._ r
,-:i~ I
BIL'i "I\.h.L VV' , ,
"," -'" \"0" j l\ie.
t )
ProTJosal for Construction Manaf(er Services
Renovation/Remodeling of the Old Maas Brothers Property
Table of Contents
General Conditions
· Cost Schedule
Fee
· Fee Schedule
Qualifications
.
Corporate Organizational Chart
Project Organizational Chart
Resumes of Project Team
Project Summary Chait
Related Project Experience
.
.
.
.
OR1G:~"
BILTMORECPNSTRUCTION CO., INC.
I..
81.,,1.;')" .,-,1':. .".'
__'..J~ '
,.f
-. .
I
I
Labor Burden Rates
FICA 7.65 7.65 7.65 7.65 7.65
Fed. Unemp. 0.80 0.80 0.80 0.80 0.80
State Unemp. 5.40 5.40 5.40 5.40 5.40
Workers Comp 0.48 5.55 23.31 24.96 24.96
Employee Benefits 13.80 13.80 13.80 13.80 13.80
Total
28.13
33.20
50.96
52.61
52.61
Liability Insurance .40
BILTMORE CONSTRUCTION CO., INC.
ui..l
"
I
Proeasal 'or J1lStracnan Manaf(er Services
Renovation/Remodeling of the Old Maas Brothers Property
Lump Sum Fee:
We propose a Lump Sum Fee of:
EIGHTY THOUSAND _____m___m_______________________________
DOLLARS ($ 80,000.00
),
based on 4% of $2,000,000.
Should the scope and budget of the project be increased by the Owner
or by other circumstances beyond the General Contractor's control, the
Lump Sum Fee shall be re-negotiated commensurate with the fee
established with this Proposal.
OR \C; \ I"
ij;U r:,o:\1
- ...~
. . ~ ' ~- ~ ..
BILT~~~ CONSTRUCTION CO., INC.
TITLE:
NO.
1.
2.
3.
.1
I'
BILTMORE CONSTRUCTION COMPANY INC
KEY INFORMATION
Certificate of Insurance/Cross Environmental Services
Public Construction Bond #400JM2461
Renovation/Remodeling old Maas Brothers building
FILE: 00-070-00
DATE
04/19/94
04/18/94
04/07/94