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Home My WebLink AboutContract • • CAG-13-145 1�J � Document A101TM - 2007 Standard Form ofAgreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the �' day of in the year 01-g. v (In words, indicate day,month and year.) BETWEEN the Owner: (Name, legal states,address and other information) City of Renton This document has important legal consequences.Consultation with 1055 S.Grady Way an attorney is encouraged with Renton respect to its completion or modification. AIA Document A201 Tm-2007, General Conditions of the Contract for Construction,is adopted in this document by and the Contractor: reference.Do not use with other .(Name, legal states,address and other information) general conditions unless this Quiring Monuments,Inc. document is modified. 9608 Aurora Ave.N. Seattle,WA 98103 for the following Project: (Name, location and detailed description) VETERANS MEMORIAL PARK Renton,WA The Architect: (Name, legal status,address and Other information) Not Applicable Not Applicable Not Applicable 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 Institute of Init. Architects.All rights reserved.WARNING:This AlODocument is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIeDocument,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 created on 05/20/2013 15:46:49 under the terms of AIA Documents-on-Demand T"order no. 2008604583 ,and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 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 and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the patties 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 fi°om the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) 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: N/A §3.2 The Contract Time shall be measured from the date of commencement. AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 b The American Institute of ' Y. [nit. Architects.All rights reserved.WARNING:This AIAeDocument Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproductionor 2 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 t under the law.This document was created on 05/20/201315:46:49 under the terms of AIA Documents-on-Demand TM order no. 2008604583. ,and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Two'Hundred Seventy ( 270 )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) Portion of the Work Substantial Completion Date N/A 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.) N/A ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be One Hundred Forty-Eight Thousand and Forty-Four Dollars ($ 148,044.00 ),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 orproposal 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) N/A §4.3 Unit prices,if any: (Identify and state the unit price;state quantity limitations, f any, to which the unit price will be applicable) Item Units and Limitations Price per Unit($0:00) None I AIA Document All 01 W—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or 3 distribution'of this AleDocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible t underthe law.This documentwas created on 05/20/2013 15:46:49 under the terms of AIA Documents-on-DemandT11 orderno. 20086o4583 and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions,if any,from the allowance price) Item Price($0.00) None ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §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 2013 Accounts Payable Calendar,a copy of which will be provided to the Contractor..Applications for payment must be received by the Owner a minimum of one week prior to any 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(same)(follomonth.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not 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 substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 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 proper! allocable to completed Work as determined b Y p Y 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 Five percent( 5%).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 Five percent( 5%); .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 in Section 9.5 of AIA Document A201-2007. 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 Institute of Init. Architects.All rights reserved.WARNING:This AleDocument is protected by U.S.Copyright law and International Treaties.Unauthorized reproduction or 4 distribution ofthis Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible / underthe law.This document was created on 05/20/2013 15:46:49 under the terms of AIA Documents-on-Demand T"1 order no. 2008604.583 and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. ! • §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 full 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 A201-200 7 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 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or lintit the retainage resulting front the percentages inserted in Sections 5.1.61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) None §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment;and :2 a final Certificate for Payment has been issued by the Architect. §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: .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;and .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. ARTICLE 6 DISPUTE RESOLUTION §6.1 INITIAL 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. (If the parties mutually agree, insert the ncune,address and other contact information of the Initial Decision Maker,.f other than the Architect.) None I I AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,9974,1977,1987,1991,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AleMcument is protected by U.SXopydght law and International Treaties.Unauthorized reproduction or 5 distribution o this Aleboeument,or any portion of it,may result In severe civil and criminal penatties,and will be prosecuted to the maximum extent possible / under the law.This document was created on 05/20/2013 15:46:49 under the terms of AIA Documents-on-DemanP,order no. '2008604583 and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced priorto its completion. §6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but 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.If the Owner and Contractor do not select a method of binding dispute resolution below,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: (Spec) ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. §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 made in this Agreement to a provision of AIA Document A2012007 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,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon,if any.) per annum §8.3 The Owner's representative: (Name, address and other information) Todd Black,ASLA Capital Project Coordinator City of Renton 1055 S.Grady Way Renton,WA 98057 Ph.425-430-6571 §8.4 The Contractor's representative: (Name,address and other in formation) Jon Reece Quiring Monuments,Inc. 9608 Aurora Ave,N. Seattle,WA 98103 Ph.206-522-8400 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. Init. 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 Institute of Architects.All rights reserved.WARNING:This AlODocument is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AleDocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible 6 / under the law.This document was created on 05/20/2013 15:46:49 under the terms of AIA Documents-on-Demand TM order no. 2008604583 and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. §8.6 Other provisions: None 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. §9.1.1 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 Title Date Pages Veterans Memorial Request for Quote April 2013 Park-Memorial Wall Plaque Replacement §9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Date Pages 01010 Summary of Work 2 01300 Submittals 2 01500 Construction Facilities and Temporary Controls 2 01560 Environmental Controls 2 01700 Contract Closeout 3 AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,199 1,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AleDocument is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or 7 distribution of this AleDocument,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible i under the law.This document was created on 05/20/2013 15:46:49 under the terms of AIA Documents-on-DemandT order no.2008604583 ,and is not for resale.This.document islicensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. • §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Not Applicable Number Title Date §9.1.6 The Addenda,if any: Number Date Pages None 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: None .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 fornis 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) A201 -2007 Special Conditions 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 Institute of Init. Architects.All rights reserved.WARNING:This AIAPDocument 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 civic and criminal penalties,and will be prosecuted to the maximum extent possible t under the law.This document was created on 05/20/2013 15:46:49 under the terms of AIA Documents-on-Demand"'order no. 2008604583 ;and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, f any,and limits of liability for insurance required in Article.11 of AIA Document ,4201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) Surety Bond $148,044.00 This A ent entered into as of the day and year first written above. OWNER gnattrre) CONT AC R( ignature) Denis Law, Mayor f (Printed name and title) (Printed name and title) V ` Attest: Bonnie I . Walton, City Clerk t F x.41 Init. AIA Document AM TM—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 Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 9 ..... . 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 created on 05/20/2013 15:46:49 under the terms of AIA Documents-on-Demand TM order no. 2008604583 and is not for resale.This document is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.