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HomeMy WebLinkAboutContract • CAG-09-158 1?:41-k4jAI A Document A101"" — 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum a AGREEMENT made as of theo2 day ofit in the year , . .. (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 Renton • • - AIA standard form.An Additions and ,1055 South Grady'Way Deletions Report that notes added Renton.;WA 98057 information as well as revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author and the Contractor:" has added necessary information (Maine,legal status, address and other information) and where the author has added to or deleted from the original AIA text. Ebenal General,Inc: This document has important legal P:`0 Box 31548 consequences.Consultation with an 'Bellingham;WA 98228-2548-', attorney is encouraged with respect to its completion or modification. AIA Document A201 TM'-2007, General Conditions of the Contract for Construction,is adopted in this for the following Project:. : `; document by reference.Do not use • ' • (Name,location and detailed description) with other general conditions unless this document is modified. Maplewood Golf Course Driving Range`Drainage Repair Project :4050.Maple Valley Highway • --Renton-WA WA 98058 TheArchitect:(Engineer) „ • ` ;';' (Namelegal status;address and other information) Parametria: " 1002',15`i'Street SW Suite 220 `Auburn WA 98001 • .253-269-1330 ----The-Owner-and Contractor agree as follows. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 17:02:43 on 10/21/2009 under Order No.1000389804_1 which expires on 02/28/2010,and is not for resale. User Notes: (1798911566) 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 Z_ TERMINATION OR:SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 - • 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 arid 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 the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the:date'of commencement if it differs from the date of this Agreement or,if applicable,state that the date will be fixed in a notice to proceed)— , If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the Owner's:time requirement shall be as follows: •- 3.2-The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than twenty (20 )days from- -, the date of commencement,or as follows: ,(Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement.If appropriate,insert requirements for earlier Substantial Completion of certain portions of the Work) AIA Document A101 T'"-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AlA software at 17:02:43 on 10/21/2009 under Order No.1000389804_1 which expires on 02/28/2010,and is not for resale. User Notes: (1798911566) I I 10- • Portion of Work Substantial Completion Date ;.subject to adjustments of this Contract Time as provided in the Contract Documents. ..[Insert-provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT:SUM '.§ 411 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 Ninety-Seven Thousand,Four Hundred Fifty-Five Dollars and 00/100 ' ($97,455.'00 . ),;subject to'additions and deductions as provided in the Contract Documents. . §,4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by_the Owner: (State the numbers or other identification of accepted alternates.If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires) • •'None § 4:3 Unit,prices,if any. [ (Identify and state the unit price;state quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price Per Unit($0.00) None,. /§ 4:4 Allowances,included'in the Contract Sum,if any: •. (Identify,allowance and-state:exclusions,if any,from the allowance price) Price None • r r._ • ARTICLE 5 .,.PAYMENTS'YY, §.5.1 PROGRESS:PAYMENTS F=. • § 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. § 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:..., The City,of Renton operates on a two-week cycle according to the 2009 Accounts Payable Calendar,a copy of which- will be provided to the Contractor. Application for Payment must be received by the Owner a minimum of one week- ' prior to the-invoice cut-off date to be processed in that run. § 5:1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the day of the month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner riot later than ( )days after the Architect receives the Application for Payment. [Federal,state or local laws may require payment within a certain period of time) § 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 AIA Document A101 T"—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:47:32 on 10/21/2009 under Order No.1000389804_1 which expires on 02/28/2010,and is not for resale. User Notes: (1349414484) • § 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 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of ( ).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm-2007,General Conditions of the Contract for Construction; ' .2 Add 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),less retainage of ,( ,); 3 Subtract the aggregate of previous payments made by the Owner;and .4.' Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided m Section 9.5 of AIA Document A201-2007. 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following.circumstances:' " .1 ' Add;upon'Substantial Completion of the Work,a sum sufficient to increase the total payments to the fall amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete 'Work,retainage applicable to such work and unsettled claims;and : '(Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of:Work with consent of surety,if any.) .2 ; Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. §..5:1:8 Reductionor limitation of retainage,if any,shall be as follows: (If it is intended prior to Substantial.Completion of the entire Work,to reduce or limit the retainage resultingfrom the L percentages'inserted in Sections 5.1.61 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents,-insert here provisions for such reduction or limitation) '§ 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipmentwhich 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 Section 12.2.2 of AIA Document A201 2007,and to satisfy other requirements,if any;which extend beyond final payment;and .2 The Renton City Council has approved an Agenda Bill for final payment. .3 The State Revenue Department and Department of Labor have filed releases,the statutory retainage run without claims or the claims against retainage have been released,fully litigated,or bonded. § 5.2.2 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: AIA Document A101'"i—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 17:02:43 on 10/21/2009 under Order No.1000389804_1 which expires on 02/28/2010,and is not for resale. User Notes: (1798911566) • • ARTICLE 6 DISPUTE RESOLUTION § 6.1INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (Ifthe parties mutually agree,insert the name,address and other contact information of the Initial Decision Maker,if , ;other than the Architect.) • § 6:2 BINDING DISPUTE;RESOLUTION For any Claim subject to,ybut not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method.of binding dispute resolution shall be as follows: (Check the appropriate.box.Ifthe Owner and Contractor do not select a method of binding dispute resolution below, . d 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) :` [X ].; Arbitration.pursuant to Section 15.4 of AIA Document A201-2007 ,[ .] :`;Litigation in a court of competent jurisdiction [' '],'' Other'(Specify) :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 A2012007•. ., § 7:2•The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8'--MISCELLANEOUS PROVISIONS §:8.1 Where reference is;madein this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due,and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, Orli the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. ‘c, (Insert`rate.of interest agreed-upon, if any) Perannum §'8.3 The Owner's representative: (Name, address and other information) Kelly Beymer Parks&Golf Course Director 4050 Maple Valley Highway Renton;WA 98058 - - . 425430-6803. 44.439-6801 :a() AIA Document A101"'—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecutedtothe 5 maximum extent possible under the law.This document was produced by AlA software at 15:47:32 on 10/21/2009 under Order No.1000389804_1 which expires on 02/28/2010,and is not for resale. User Notes: (1349414484) Ak • I § 84 The Contractor's representative: ; (Name, address and other information) -.- ..David Ebenal,President EbenaI General,Inc. ...I_._._.- __P:_O:Box 31548 - --- . ,- - .-Bellingham,WA 98228-2548 360-738-1940, i § 8.5 Neither the Owner's nor,the Contractor's representative shall be changed without ten days written notice to the - ' other party - -- §'8.6 Other.provisions: I, None: f ; . ARTICLE 9 "} ENUMERATION OF CONTRACT DOCUMENTS §.9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the=sections below. ;" -; / .., , §,9.4.1 The Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and:Contractor. ; § 9.1.2 The General Conditions are AIA Document A201 2007,General Conditions of the Contract for Construction. • _ •§ 9:1.3 The Supplementary and other Conditions of the Contract: ;,. --- Document. ..-- LTitie Date Pages ."§ 9.1.4The Sp'ecifications: (Either list the Specifications;here_or refer to an exhibit attached to this Agreement) 'I::,Maplewood Golf Course.Driving Range Drainage Improvement Project Manual ' Section `, Title Date Pages . . § 9,1.5 The Drawings:`. (Either list the Drawings here or refer to an exhibit attached to this Agreement) Number' Title Date SI Repair Plan I, S2 Repair Details §-9.1:6 The Addenda,if any: Number Date Pages 1 9/14/09 2 9/14/09 AIA Document A101"'—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AlA software at 15:47:32 on 10/21/2009 under Order No.1000389804_1 which expires on 02/28/2010,and is not for resale. User Notes: (1349414484) 3 9/16/09 4 9/16/09 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding _._._requirements are also enumerated in this Article 9. §•9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following:' • 2. "Other documents,if any,listed below: • •„ ,(List here any additional documents that are intended to form part of the Contract Documents.AIA = Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless,enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) ARTICLE 10.,'INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document 1,"2,A201-2097.,, (State.bondig requirements,if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007:) Type of,insurance or bond Limit of liability or bond amount($0.00) Brown&Browninsurance of WA Ninety-Seven Thousand,Four Hundred Fifty-Five Dollars • Safeco Insurance of America and 00/100($97,455.00) `This Agr ent-entered into as of e day and year first written above. � OWNER(Signature) CONTRACTOR(Signature) Law,-Mayor or' David Ebenal,President '.Denis a: rinted name and Wile), (Printed name and title) Attest: Ide'ir- .c vGa k_s:R` Bonnie I.Walton;-City Clerk Init. AIA Document —2007:Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects:All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 15:47:32 on 10/21/2009 under Order No.1000389804_1 which expires on 02/28/2010,and is not for resale. User Notes: (1349414484)