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HomeMy WebLinkAboutContractCAG -09-155 AIA Document A101T1" - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT /p fp lgiel- aoo9 made as of the (day o Gln e year /1 (In ttords, indicate day, month andyear) 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 (Name, legal status, address and other information) and where the author has added to or deleted from the original AIA text. Superior Asphalt This document has important legal 652 S.W. 143'' Street consequences. Consultation with an Burien, WA 98166 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 Asphalt Pathway Repaving Gene Coulon ParkGene Coulon Memorial Beach Park this document is modified. 1101 Lake Washington Boulevard N Renton, WA 98057 Asphalt Pathway Repaving The Architect: (Name, legal status, address and other information) (None) The Owner and Contractor agree as follows. Init. AIA Document At 01- — 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 1 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 AIA software at 13:05:16 on 09/22/2009 under Order No.1000389804_1 which expires on 02126/2010, and is not for resale. User Notes: (1680881228) .. 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 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 drfArs from the date of this Agreement or, if applicable, state that the date will befxed 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 thirty (30) days from the - date of commencement, or as follows: (Insert number ofcalendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Ifoppropriate, insert requirements for earlier Substantial Completion ofeertain portions of the Work.) Init. AIA Document A101" — 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 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 / maximum extent possible under the law. This document was produced by AIA software at 13:05:16 on 09/22/2009 under Order No. 1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: 11680881226) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, ifany, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus payments for early completion of the Work.) 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 Seven Thousand, Nine Hundred Twelve Dollars and 25/100) ($107,912.25), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, ifany, which are described in the Contract Documents - and are hereby accepted by the Owner: Additive Alternate No. I — 550 linear feet of root barrier. If the Contractor fails to complete the work by the FINAL COMPLETION DATE (or such extension of that date which might be granted by the Owner), he agrees to abide by all provisions of the Contract. In addition, Liquidated Damages in the amount of One Hundred dollars ($100.00) will be assessed for each calendar day that the Contractor exceeds the 'FINAL COMPLETION DATE"> (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when that amount expires.) § 4.3 Unit prices, if any. (identify and state the unit price; state quantity limitations, ifany, to which the unit price will be applicable) Item Units and Limitations Price Per Unit ($ 0.00) None § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, ifany, from the allowance price.) Item None Price 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 2009 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 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 ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) hilt. AIA Document A101 n' — 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 3 reproduction or distribution of this AIO 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 AIA software at 13:05:16 on 09/22/2009 under Order No.1000389804_1 which expires on 0212812010, and is not for resale. User Notes: (1680881228) 000"A 010"N § 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 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 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 per day per request. (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. § 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 A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent ofsurety, ifany.) .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 limit the retainage resuhing from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 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 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: Init. AIA Document A101 ^ - 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 4 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 i maximum extent possible under the law. This document was produced by AIA software at 13:05:16 on 09t2212009 under Order No.1000389804_1 which expires on 0212812010, and is not for resale. User Notes: (1680881228) .-, #110%, 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 name, address and other contact information ofthe Initial Decision Maker, if other than the Architect.) § 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. Ifthe 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 (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 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 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 wider 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 Inst. 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 Al a Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 5 reproduction or distribution of this Ate 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 documenlwas produced by AIA software at 13:05:16 on 09/22/2009 under Order No.1000389804_1 which expires on 02/28/2010, and is not for resale. User Notes: (1680881228) n I § 8.3 The Owner's representative: (Name, address and other information) Todd Black, ASLA Capital Project Coordinator City of Renton 1055 South Grady Way Renton, WA 98057 Telephone: 425-430-6571 Fax: 425430-6603 § 8.4 The Contractor's representative: (Name, address and other information) Steve Desimone Owner Superior Asphalt 652 S.W. 143rd St. Burien, WA 98166 Telephone: 206-246-3237 Fax: 206-246-1167 § 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: 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 Al 01-2007, 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 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Gene Coulon Memorial Beach Park Asphalt Pathway Repaying Project Manual Init. AIA Document A101" — 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 6 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 i maximum extent possible under the law. This document was produced by AIA software at 13:05:16 on 09/22/2009 under Order No.1000389804_1 which expires on 0228/2010, and is not for resale. User Notes: (1680881228) Section Title Date § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date L3 Site Layout L4 Site Layout L5 Site Layout L6 Site Layout L7 Site Layout § 9.1.6 The Addenda, if any: Number Date Pages 1 9-4-09 1 2 9-8-09 1 3 9-9-09 1 Pages 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: 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, lnsnuctions to Bidders, sampleforms 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 lobe 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 A201-2007. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 ofA1A Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($107,912.25) Pollock Insurance One Hundred Seven Thousand, Nine Hundred Twelve Insco Dico Dollars and 25/100 ($107,912.25) Init. AIA Document A101^' — 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.B. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this A] AO 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 13:05:16 on 09/22/2009 under Order No. 1000389804_1 which expires on 02/282010, and is not for resale. User Notes: (1680881228) n This Agreem entered into as of a day and year fust written above. S,4 — 0 OWNER (ignaure 0 TRACTOR (Signature Denis Law, Mayor Steve Desimone, Owner ffldto deileted) ATTEST: Bonnie 1. Walton, City Clerk ( inte name and title) 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 AIAe Document is protected by U.S. Copyright Law and Intern at ion al Treaties. Unauthorized 8 reproduction Ord istribution of this AIA Document, or any portion of it, may result in severe civil and criminal pen allies, and will be prosecuted to the / maximum extent possible under the law. This document was produced byAlAsoftware at 14:21:35 on 09/24/2009 under Order No. 1000389804_1 which expires on 02128/2010, and is not for resale. User Notes: (1129075506) CITY OF RENTON COMMUNITY SERVICES DEPARTMEN. CONTRACT CHANGE ORDER #02 (5-10-10) PROJECT: Gene Coulon Memorial Beach Park—Asphalt Pathway Repaving CONTRACTOR: Superior Asphalt Maintenance, Inc. ADDRESS: P.O. Box 66956 Burien, WA 98166 The following changes shall be made to the above referenced contract: Change Order Proposal #02 -Extend Expiration Date Total of CO #02 (Includes tax) Not to exceed TIME EXTENSION: YES (X) NO() Days below are to ohvsfcal completion CONTRACT#: CAG -09-155 $0.00 $0.00 CITY OF RENTON MAY 14 2010 RECEIVED CITY CLERK'S OFFICE Original contract work days: 30 Original substantial completion date: November 12, 2009 Contract work days added by prior C/O: 0 Original City contract completion date: March 1, 2010 Contract work days added by this C/O: 414 Total revised contract work days: 444 Revised contract date due to this C/O: December 31, 2010 COST MODIFICATION: $0.00 added to or deducted from the original construction contract amount: the sum of One Hundred Seven Thousand Nine Hundred Twelve Dollars and Twenty -Five Cents (5107.912.25) (which includes State of Washington Sales Tax). All other conditions of the original contract are a part of this change order. The payments and/or additional time specified and agreed to in this change order'nclude every claim by the tractor for any extra payment or extension of time with respect to the work described her in, in di gdetaq�to the ov roj ct. The work covered by this change order must be performed under the same terms a d co di 'o as th includ dint or mal contract. Reason for Change: Owner Request (X) Unforeseen () STATEMENT: Show all deductive amounts in parenthesis (-). Original contract (with sales tax) Previous change CO #01(with sales tax) Amount this change (with sales tax) Contract Total (with Sales Tax): Date Other ( ) Specify: $ 107,912.25 $ 657.00 $ 0.00 $ 108,569.25 Source of Funds: Contingency() M & 0 () Supplemental ( ) - Ordinance # APPROVED: n Yom_ s•�z to Project Man ger Date chgord.frm 8/30/04 Community Services Administrator Date