Loading...
HomeMy WebLinkAboutContract CAG-02-148 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the X?day of in the year of 2002 THIS DOCUMENT HAS IMPORTANT LEGAL (In words,indicate day,month and year) CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH BETWEEN the Owner: RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF (Name,address and other information) THIS ELECTRONICALLY DRAFTED AIA City of Renton DOCUMENT MAY BE MADE BY USING AIA Community Services Administration DOCUMENT D401. 1055 S. Grady Way. 5th floor Renton. WA 98055 AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this document and the Contractor: by reference. o not use with other (Name,address and other information) general conditi ons unless this document is Mr. Irrigation modified. 3620 54th Avenue E. Tacoma, WA 98424 This document has been approved and endorsed by The Associated General The Project is: Contractors of America. (Name and location) Highlands Park Irrigation Project 800 Edmonds Avenue NE Renton, WA 98056 The Architect is: (Name,address and other information) Bill Rasmussen City of Renton Community Services Administration 1055 S. Grady Way Renton, WA 98055 The Owner and Contractor agree as follows. 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;these 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 ®7997 AIA® Documents,other than Modifications,appears in Article 8. AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to The American Institute of Architects the extent specifically indicated in the Contract Documents to be the responsibility of others. 1735 New York Avenue,N.W. Washington, D.C.20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-218aa highlands irrigation.aia -- 9/24/2002. AIA License Number 1008538,which expires on 9/3/2003. 1 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 ofcommencement ifit differs from the date of this Agreement or,ifapplicable,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, mechanic's liens and other security interests,the Owner's time requirement shall be as follows: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH 3.2 The Contract Time shall be measured from the date of commencement. AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than THIS ELECTRONICALLY DRAFTED AIA 45 days from the date of commencement,or as follows: DOCUMENT MAY BE MADE BY U51NG AIA (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of DOCUMENT D401. commencement. 1lnless stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial Completion ofcertain portions ofthe Work.) AIA Document A201-1997,General Date will be fixed on Notice to Proceed. Conditions of the contract for Construction,is adopted in this document subject to adjustments of this Contract Time as provided in the Contract Documents. by reference.Do not use with other (Insert provisions,if any,for liquidated damages relating to failure to complete on time or for bonus payments for general conditions unless this document is early completion of the Work.) modified. Thereafter, liquidated damages at fifty dollars ($50) per calendar dam This document has been approved and endorsed by The Associated General ARTICLE 4 CONTRACT SUM Contractors of America. 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Fifty-eight thousand five hundred eighty-ei Dollars and 80 cents ($ � ), subjects addij�'gns and deductions as provided n the Contract Documents. C�.i /lam Contract amount includes all applicable sales tax. j/� 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.Ifdecisions on other alternates are to he made by the Owner subsequent to the execution of this Agreement,attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices,if any,are as follows: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment in a form satisfactory to the Owner and accompanied by Lien Waivers as required 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. 01997 A1A® AIA DOCUMENT A101-1997 5.1.2 The period covered by each Application for Payment shall be one calendar month OWNER-CONTRACTOR AGREEMENT ending on the last day of the month,or as follows: The American Institute of Architects Per the City of Renton Accounts Payable Calendar made available to the Contractor 1735 New York Avenue, N.W. at the commencement of Work. Washington,D.C. 20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-218aa highlands irrigation.aia -- 9/24/2002. AIA License Number 1008538,which expires on 9/3/2003. 2 . `1rr�' 'wr✓ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the first 1st day of a month,the Owner shall make payment to the Contractor not later than the thirtieth (30th) day of the same month. 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 thin 30 days after the Architect receives the Application for Payment. 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 THIS DOCUMENT HAS IMPORTANT LEGAL accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall CONSEQUENCES.CONSULTATION WITH be used as a basis for reviewing the Contractor's Applications for Payment. AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.AUTHENTICATION OF 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion THIS ELECTRONICALLY DRAFTED AIA of the Work as of the end of the period covered by the Application for Payment. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: AIA Document A201-1997,General Conditions of the Contract for 1 Take that portion of the Contract Sum properly allocable to completed Work as Construction,is adopted in this document determined by multiplying the percentage completion of each portion of the Work by by reference.Do not use with other the share of the Contract Sum allocated to that portion of the Work in the schedule of general conditions unless this document is modified. 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 This document has been approved and provided in Subparagraph 7.3.8 of AIA Document A201-1997. endorsed by The Associated General Contractors of America. .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 Paragraph 9.5 of AIA Document A201-1997• 5.1.7 The progress payment amount determined in accordance with Subparagraph 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-fallafflount ninety-five percent (95%) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Subparagraph 9.85 ofAIA Document A2o1-199,-requires release of applicable retamage upon Substantial Completion of Work with consent ofsurety,ifany.) 1% ', .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 Subparagraph 9.10.3 of AIA Document A201-1997• ®1997 AIA® AIA DOCUMENT A101-1997 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: OWNER-CONTRACTOR AGREEMENT (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retamage resulting from the percentages inserted in Clauses 51.6.1 and 51.6.2 above, and this is not explained elsewhere in the Contract The American Institute of Architects Documents,insert hereprovisionsforsuch reduction orlimitation.) 1735 New York Avenue, N.W. Retainage shall be five percent(5%) of the Contract Sum until final payment. Washington,D.C.20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-218aa highlands irrigation.aia -- 9/24/2002. AIA License Number 1008538,which expires on 9/3/2003. 3 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 Subparagraph 12.2.2 of AIA Document TH15 DOCUMENT HAS IMPORTANT LEGAL A2oi-1997, and to satisfy other requirements, if any, which extend beyond final CONSEQUENCES.CONSULTATION WITH payment;and AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR .2 a final Certificate for Payment has been issued by the Architect. MODIFICATION.AUTHENTICATION OF TH15 ELECTRONICALLY DRAFTED AIA .3 Affidavits of Wages Paid have been certified by the Washington State Dept. DOCUMENT MAY BE MADE BYUS1NGA/A DOCUMENT D401. of Labor and Industries. AIA Document A201-1997,General .4 Proof of Taxes paid has been certified by the Washington State Dept. of Conditions of the Contract for Revenue. Construction,is adopted in this document by reference.Do not use with other .5 Proof of release of any labor, material or other claims against retainage has general conditions unless this document is been submitted to the City. modified. This document has been approved and .6 Passage of the statutory time for filing lien claims without any such filing or if endorsed by The associated General there are any lien claims filed, failure to prosecute those claims within Contractors of America. statutory times or if timely_prosecuted, final judgment. 5.2.2 as f;31IONVS! ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2o1-1997• ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 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 ofinterest agreed upon,ifany.) Not applicable. ®1997 AIA® LLsurylawsandrequirementsunderthefederalTruthinLendingAct,similarstateandlocalconsumercreditlawsand AIA DOCUMENT A101-1997 other regulations at the Owner's and Contractor''spnncipalplacesofhusiness,thelocationoftheproject and elsewhere OWNER-CONTRACTOR AGREEMENT may affect the validity of this provision. Legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) The American Institute of Architects 7.3 The Owner's representative is: 1735 New York Avenue, N.W. (Name,address and other information) Washington,D.C. 20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, O 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-218aa highlands irrigation.aia -- 9/24/2002. AIA License Number 1008538,which expires on 9/3/2003. 4 Bill Rasmussen, Capital Project �rdi . ' City of Renton 1055 S. Grady Way.5th Floor Renton, WA 98055 7.4 The Contractor's representative is: (Name,address and otherinformation) Eliceo Rosas Mr. Irrigation 3620 54th Avenue E. THIS DOCUMENT HAS IMPORTANT LEGAL Tacoma, WA 98424 CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten RESPECT TO ITS COMPLETION OR days written notice to the other party. MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 7.6 Other provisions: DOCUMENT D401. For the purposes of this Contract, the terms"Owner's Agent." "Owner's Representative."or Architect shall mean Project Manager. AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this document ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS by reference.Do not use with other 8.1 The Contract Documents, except for Modifications issued after execution of this moth fa editions unless this document is Agreement,are enumerated as follows: This document has been approved and 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement endorsed by The Associated General Between Owner and Contractor,AIA Document A1oI-1997. Contractors of America. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. These General Conditions are incorporated in Section 00705. "General Conditions of the Contract." of the Project Manual. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August 2002,and are as follows: Document Title Pages Section 00810 Modifications to General Conditions 1 Section 00900 Special Conditions 3 Section 00910 Bond to the City of Renton form 1 Section 00920 Insurance and Related Requirements 3 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3,and are as follows: (Eitherbst the Specifications here orrefer to an exhibit attached to this Agreement.) "N Section Title Pages Section 01010 Summary of Work and Sequence 2 01997 AIA® Section 01015 Special Provisions 7 AIA DOCUMENT A101-1997 Section 01027 Application for Payment 1 OWNER-CONTRACTOR AGREEMENT Section 01028 Change Orders 3 Section 01060 Regulatory Requirements 1 The American Institute of Architects Section 01340 Shop Drawings, Product Data & Samples 1 1735 New York Avenue,-529 p 9 P Washington,D.C.20006-5292 Section 01400 Quality Control 1 Section 01430 Inspection &Tests 2 Section 01500 Construction Facilities. Utilities &Temp. Controls3 Section 01570 Traffic Regulation 2 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-218aa highlands irrigation.aia -- 9/24/2002. AIA License Number 1008538,which expires on 9/3/2003. 5 Section 01630 Product Subst' ans 5 election 01700 Product Close o t 5 r.r� Section 02810 Irrigation 18 8.1.5 The Drawings are as follows,and are dated unless a different date is shown below: (Eitherbst the Drawings here orrefer to an exhibit attached to this Agreement.) Number Title Date 08/06/02 THIS DOCUMENT HAS IMPORTANT LEGAL Sheet L-1 C Irrigation Plan CONSEQUENCES.CONSULTATION WITH Sheet L-2 Irrigation Details 08/06/02 AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 8.1.6 The Addenda,if any,are as follows: MODIFICATION.AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA Number Date Pages DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. Addendum#1 08/28/02 6 Sheet L-1 C 1 part of Addendum#1 08/26/02 1 AIA Document he Contract General ) Conditions of the Contract for Construction,is adopted in this document Portions of Addenda relating to bidding requirements are not part of the Contract Documents by reference.Do not use with other unless the bidding requirements are also enumerated in this Article 8. general conditions unless this document is modified. 8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A2o1- This document has been approved and 1997 provides that bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample endorsed by The Associated General forms and the Contractors bid are not part of the Contract Documents unless enumerated in this Agreement. They Contractors of America. should be listed here only ifintended to be part of the Contract Documents.) Contractor's completed Bid Form (Section 00310)comprising six(6) pages as shown in Exhibit A Contractor's completed Non-Collusion Affidavit/Minimum Wage Form (Section 00400)comprising one (1) page as shown in Exhibit B. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Archite . ruse in the administration of the Contract,and the remainder to the Owner. ^� ell-r_� OWN (signature) CONTRACTOR (signature) ll Jesse Tanner, Mayor E7/iC-CU Repscis C) "117 f7L (Pt rated name and title) (printed name and title) er f ATTEST /'o 01997 AIA® Bonnie Walton City Clerk Date AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue,N.W. Washington,D.C.20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by T e Amencan Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2002-218aa highlands irrigation.aia -- 9/24/2002. AIA License Number 1008538,which expires on 9/3/2003. 6