CCR1984096RESOLUTION 896-84
AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF MUSKEGO
AND WESTERN LANDSCAPE CONTRACTORS, LNC.
WHEREAS, Resolution W63-84 was adopted by the Common Council on
April 10, 1984 which accepted the low bid of Western Landscape
Contractors, Inc.
THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby authorize the Mayor to execute the contract
with Western Landscape Contractors, Inc. subject to approval of
the City Attorney.
FINANCE COMMITTEE
,* . , ,. 1. *I .. ,.
Mitchel Penovich
1, 74zf+fu*- . .,
RalpK Tomczyk
1.
ATTEST:
City Clerk
4/84
ca
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A107
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY I5 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
0 Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the day of April in the year of Nineteen
Hundred and Eighty four (84)
BETWEEN the Owner, City of ~~~k~~~
W182 S8200 Racine Avenue
Muskego, Wisconsin 53150
and the Contractor. western Landscape Contractors, Inc.
15360 West Beloit Road
New Berlin, WI 53151
The Project Denoon Park
Muskego, Wisconsin
The Architect: Howard, Needles, Tammen & Bergendoff
6815 West Capitol Drive
Milwaukee, Wisconsin 53216
The Owner and the Contractor agree as set forth below.
Copyright 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963. 1967, 1974, CB 1977 by the American lnrlilule 01 ArchhlecLs. 1735 New
York Avenue, N.W.. Warhinpton, D. C. 20006. Reprodudan of the material hewn or subSantial quotation oi its provirions
wilhout permirrian 01 #he AIA violate) the Copyright laws of the Unlted Stater and will be subject IO legal prorecution.
~
AlA DOCUMENT A101 OWNER-CONTRACTOR AGREEMENT ELEVENTH EDITION - IUNE 1977 - AIAm
e1977 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1713 NEW YORK AVE.. N.W., WASHINGTON, D. C. 20006 A101-1977 1
~~
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the Contract.(Ceneral.~~Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe-
cution of this Agreement. These form the Contract, and all are as fully a part of the Coniiact as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Here ioIc,l the clprioo descriprire of Ihe Work as used on other Conrracr Docummu.)
CONSTRUCTION of Denoon Park.
Alternates included in the work are No. 60, 61, 62, 63, 64, 65, 66 and 67.
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on Or about April 30, 1984
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than November 13 1984
(Hew insen my ~p~ridl ~ro~wonl lor I!quidarrd damages relaling 10 lailure 10 ~omplelc on ime 1
AIA DOCUMENT A101 0 OWNER-CONTRACTOR AGRfLMENT * ELEVENTH EDITION - JUNE 19?7 AIAs
a1977 * THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AYE.. N.W.. WASHINGTON, D. C. 20006 A101-1977 2
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current lunds for the performance 01 the Work, sublect IO additions and deductions by Change Order as provided in the Contract Documents, the contract Sum of $246,020.76
(Two Hundred Forty Six Thousand Twenty Dollars and 76/100)
The Contract Sum is determined as follows:
Istale here !he bare bid or olher lump sum amoun!. accepted ailernaer. and "nil prices. 2% applicable.)
Base Bid $211,571.96
Alternates 36,4118.80
Deduct for Metal Footbridge -2,000.00
Final Contract Sum $246,020.76
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued 0 vided in the Contract Documents for the period ending the fifteenth (15th) day of the month as follows:
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro-
Not later than thirty (30)
ninety
days following the end of the perlod covered by the Application for Payment
equipment incorporated in the Work and ninety
percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and
percent ( 90 %i of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon
Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to
in writing, for the perlod covered by the Application for Payment, less the aggregate of previous payments made by the
incorn$:,%% and unsettled claims as provided in the Contract Documents. one percent ( 100%) 01 the Contract Sum, less such amounts as the Architect shall determine for all
111 no! covered eherhere io !he Coorracr Documeon. here inserr any pmvi~ion lor limilmg or reducing the amounl wlaioed dller the work zeacher a celldin
stage 01 mmplelion I
entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project.
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
(Here inm! any rate 01 inlerexl agreed upon.!
AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREE,uENT * ELEVENTH EDITION . JUNE ,977 AIAB
a1977 ' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A\'E.. N.w.. WASHINGTON. D. c. 20006 A101-1977 3
ARTICLE 6
Contractor when I
Final payment, cc
been issued bv tht
mstitu
he Work
? Archite
lting
: h,
Ct.
FINAL PAYMENT
the entire unpaid balance of the Contract Sum, shall -be paid by the Owner 10 the
3s been completed, the Contract fully performed, and a finalllertificate for Payment has
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor. are listed
in Article 1 and, except for Modifications issued after execution 01 this Agreement, are enumerated as folloWs:
,tirr below Ihe ~~,~~~~~l. the Condilioni of the Canlracl (Ceoeral. Supplemenlary. and olher Condilioml. (he D,rwiw. (he SPecihliOnL and Addenda
and aCCPpzed al!pma~pr. showing page 01 sheel numbers in all (ales and dale3 whew wplfcable.J
Agreement:
-Herewith: Standard form of agreement between owner and Contractor AIA
Document AlOl.
Conditions of Contract:
-Attached: General conditions of the Contract for Construction AM Document ~201.
-Supplementary conditions in the specifications.
Drawings:
-Drawings titled Lake Meadows Area/Lake Denoon Park dated February 1, 1984.
These drawings include sheet 1 through 7.
Specifications (Project Manual):
and Addendum 1 through 4.
-Specifications titled Lake Meadows Area/Lake Denoon Park dated February 1, 1984,
Addendum:
-Addendum Titled Lake Meadows AreafLake Denoon Park and Dated as Follows:
Addendum No. 1 - February 8, 1984
Addendum No. 2 - March 1, 1984
Addendum No. 3 - March 9, 1984
Addendum No. 4 - March 16, 1984
Alternates:
-Alternate Bids 60, 61, 62, 63, 64, 65, 66 & 67 as outlined on page BF - 5
of the bid form dated March 1, 1984.
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
AIA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT . fLEVENTH EDITION . JUNE 1977 * AIAB
01977 * THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AYE.. N.W., WASHINGTON, D. C. 20006 Al01-1977 4