HomeMy WebLinkAboutContract CAG-13-185
3-- e
It Document A101'" - 2007
Standard Form ofAgreement Between Owner and Contractor kyhere the basis of
payment is a Stipulated Sum
AGREEMENT made as of the 9th dad of September
in the year 2013
flit woe dt,indicate day,month and year:)
BETWEEN the Owner:
(Name,legal status,address and other it formation)
City-of Renton This document has Important legal
1055 S.Grady Way consequences.Consultation with
an attorney Is encouraged with
Renton.WA 98057 respect to Its completion or
modification.
AIA Document A201-r,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 statics,address and other ilfolmation) general conditions unless this
Ballard Diving do Salvage document is modified.
ay 701-7 S• a�rwSr
seatao,*Ak-UW blab keyda.tt WA. 986''1 t
for the following Project:
(Name,locution aim/detailed description)
Gene Coulon h4emorial Beach Park-Log Boom Replacement
Renton,WA
The Architect:
(Name,legal status,address and other ilrfonnation)
Not Applicable
Not Applicable
Not Applicable
The Owner and Contractor agree as follows.
Init. AIA t>ocurnmt A101 T"—9007.CopyrWdh fr 1915,1018,IZ15.t 937r,19.51.158,1051,190,1.xtl7,1974<,1,9a7n7,c1r967,1991,1997 aM 2ii7 by The Mmriran kstt tia of AntiudMrighto reserved.WA W:fh;t AA Docuimm is tor oxi ml7uarw<thryl9ur?red reprxfu.iin r'r diurhvtionottl+: a
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t terHlc r[tin ta::.Tirb document was created on 06/07/201910:97:41 under 9w Mrrns of AIA Documents-on-DemandTM order no.moss9sow ,and is
not for resale.This document is ticeroed by•a American Iraftile of A4claecb br one-time use ooly,and may not be reproduced prior 10 Its completion,
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
9 CONTRACTSUM
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,appeals 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
13.1 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 front 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.
AtA Docmnerd A101-—207.COpyrg A01915,1918,1925,1937,1051,198.1961,1 &3,1987,1974,1977,1987,19 ,1997 a 30 by The American InISLAe d
(nit
Amhhp*.AIr rights reserved.WARNING:7NIs AIA'Dorummils protected by U S.Copyrighttawand Wernaliawl Tmobos.Uneuawrized repmducuoner 2
dLWlbution oftlNs AWDoeurn"04 or any podron Of it,may result n severs civo and crbnlnar penebles,and w01 be prosecuted to du rnaximmn esteM possible
t under the hw.This document was created on 08/97/2013 10,37 41 under the bans of AIA t)ocumentson-()amand TM order no. 2008826053 ,and Is not
for mule.Th1a dowrnent Is licensed by 1M Amenean lnea ute of Amittecia for w**m use only,and may not be repoduced prior b Its car* on.
f
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§3.3 The Contractor shall achieve Substantial Completion orthe entire Work not later than
One Hundred Sixty ( 160 )days from the date of commencement,or as follows
(Iusert number of calendar days.Altentative4v.a calendar date niay be,used when coordinated with the date of
commencement.If appropriate,inset t requirements for earlier Substantial Completion of certain por7ions of the Work.)
I
Portion of the Work Substantial Completion Date
N/A
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 tinic or for
bonus pgvments for early completion of the I3bi k,)
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
Two Hundred Twenty-One Thousand,Two Hundred Sixty-Seven Dollars and Seven Cents Dollars
(S 221,267.07 1 I,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.Ifthe bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement,attach a schedule of such otter
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,if any,to which the unit pricelvill be applicable)
Item Units and Limitations Price per Unit($0.00)
N/A
AIA Document A101--2007.CopydUbl O 1915,1918,1926,1937,1951,1951a,1951,19a3,1967,1974,1977,1967,1091,1997 aM 2007 by Tta AffwrAn kuflule d
tnlL And�PactL An dghta reserved.WARNING:This AW Documat is protoctod by U.S.C.opyripht Law amt International Treaties.UnauthWzcd reprodudon or
duMbudon oft Its AW Dmamnt,or any portion of at,pray result In severe obdl and crbminat pwaaies.and wlll ba prosecuted to tiro maxamorn extent Irosatblo
t undor9re taw.This dom met was created on 08,07/2013 10:37:41 under the terms of ALA Documents-on-Demand"'order no 2006625053 ,and Is
for resale.This doctanert b keneed by the American Ind&*of Amtftcls for ore-Wne use on ,anti may not be reprodued prior to ils oonvmon.
5 4.4 Allowances included in the Contract Sum.if any:
(ldent y allowance and state exclusions,If and;from the allowance price.)
Rem Price($0.00)
N/A
ARTICLE 5 PAYMENTS
3 5.1 PROGRESS PAYMENTS Owner
S 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment
issued byi{roi4rehiteet,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 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 Renom 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 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)(foilomonth.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.
(Federrl,stale or local laws may require pa.wnent within a certain period of time)
5 5.1.4 Fach 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.
S 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.
S 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 reta'tnage 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 property 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 Dommnt A101--2007.Cepydhtm 1915,1918,1925. 937.1951,1961001,1909 987,1974,1977,1087, 091, 97 and 2007 by The ArtMrian kr"or
Init. Ndtilecla AN rlphfa reserved.WAPURI&Tide MIJOectonent i:protc.-Wrl by U.S.U9 Copy It law amid h4ematlonal Tnasdae.thmithadvd reprodrrclon or 4
dletrtlutron of tblm AIA"Document,orany portion aril,nwy resuh In sewre erA w d rdrninet peneatca,and vAa bo pannewtoci to as n*xknwn cdwtposs1A
t tower tho law.This downent was created on 08/07/2013 10:37:41 wider are Mmn of AIA Doeurimts-onn-I)mardTM order no. 2009625053 ,and is not tl
for resale.This doonsnent is licensed by to Amedcan k10kft of Ard*wb kx onedime use o*ed may not be reproduced prior b ar wrtpbllon. tfy{,t,1
S E2 BINDING DISPUTE RESOLUTION
For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of ALA Document A201-2007,the
method of binding dispute resolution shall be as follows:
(Chock the appmpiare box.Ifthe Olrnrr and Contractor do not scl v a acethod of binding dispute resolution,below,or
do not subsequottly agree in writing to a binding dispute revolution method other than litigation,Clcrinrs will be
resolved by litigation in a courtofcompuuttjurisdiction)
Arbitration pursuant to Section 15.4 of ALA Document A201-2007
❑ Litigation in a court of competent jurisdiction
❑ Other:(Specify)
ARTICLE 7 TERMINATION OR SUSPENSION
17.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of ALA Document
A201-2007.
S 7.2 The Work may be suspended by the Owner as provided in Article 14 of ALA Document A201-2007,
ARTICLE 8 MISCELLANEOUS PROVISIONS
S 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 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.
(Lrsei 1 rate of huei est agreed upon,if wiy.)
per annum
18.3 The Owner's representative:
(tVanic,address and other infonuatiorr)
Todd Black,ASIA
Capital Project Coordinator
City of Renton
1055 S.Grady Way
Renton,WA 98057
Ph.425-430-6571.
§8.4 The Contractor's representative:
(Nance,address and other lnfewmation)
Ballard Diving&Salvage
1 ar ay -?;L-7 5. a.'7'T7` gT
walb 0lr W/-
Ph.206-783-8944 F66, a7 E 1 14
5 8.5 Neither the Owner's nor the.Contractor's representativv shall be changed without ten days written notice to the
other party.
Ink. AIADoewnettA1r11"'-2007.Copyrlythtf;1a15,1919.1a25,1037,1951.Jan.I al.IM1%7.197d,1977,1907.1991.1997 Ord 2007 by The Mwlcanindkbot
Am)#Acts.AN A9Ms nsaned.tWAfitilrKl.li=is Au,'IYts+a,a n:t,;fit,u`&<!1:�U:S Ce;, IOM Lnw an,t Inrn rwd,ma'•ileztk^.L'nau ltorleed nytrod+rcticn a
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! i4min ce.lm This document wee croeled on 00/071201910:37:41 under Mtc bans of AlA Documanls-on-Demand"order no. 2oomso53 ,sno ks nW
for resale.This daurmertt b konsed by the AawLm t kwkuto of ArcNta.2e for one-time use only,and may trot be reProduced prior b Its tomple0en,
S 5,1.7 The progress payment amount determined in accordance%ith 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 shalt determine for incomplete Work,
retainage applicable to such work and unsettled claims;and
(Section 9.8.5 ofAIA Document A201-2007 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety,if ally.)
.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.
S 5.1.0 Reduction or limitation of retainage,if any,shall be as follows:
(!fit is Intended,prior to Substantial Completion of the entire Work,to reduce:or limit the refair:W resulting front the
percentages Inserted in Sections 3.1.6.1 and 3.1.6.2 above,and this Is not explained a/selvhere in the Contract
Documents,insert here provisions for such reduction or limitation.)
None
S 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to supplies for materials
or equipment which have not been delivered and stored at the site.
S 5.2 HNAL PAYMENT
S 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 tit,*m ritect
S 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
*tthiteoNsfinal Certificate for Payment,or as follows:
.1 The Contractor has fully performed the Contract except for the Contractors responsibility to correct Work as
provided in Section 12.2,2 of AIA Document A201-2007,and to satisfy other requiremtnts,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
S 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.
(Y the pa)4/es mutually agree,insenY the mane,address and other contact information of the Initial Decision Maker,if
other than the Architect.)
None
Init. AiA Doc w=W01--2007.Copyrlyht01915,1918,1825,19:17,1851,IM,1061,1963,1967,1974,1977,1967,1991,1907"2007 byTheAmaken YphitAe of
Ardlteeh All Aphis rwavad.WARNWCi:Thle AIA Meument k pretested by U8.Cgrj(ighi Law and imamaaonal lleatic�:UnNUaaKzad r.prcAtedon or
da1raw9on eflhis AtA`Doraonwrt or any poAten of it may reauk let seyon civi and etankrd p•neakx,and vA Ix tawecuted to Ufa maxknun,ext,•nl posr.Rtle 5
/ under 91e L•w This dowanentwp created exi Oa/07r101310:37:41 ceder acs temw of AIA Oecww1*-on4)amand1"order no. 2006026053 ,and b not
for easels.Thk dooument k Revised by blv American Ins000s of Ardaeck for one-time use orgy,and mey tat be eeptodu:ed prior b b eonviaLn.
1
i .
f 8.6 Other provisions:
i None
M
s
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
S 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the
scetions below.
S 9.1.1 The Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and
Contractor.
j 9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction.
9.13 The Supplementary and other Conditions of the Contract:
Document Title Date Pages
Gene Coulon Request for Quote July 2013
Memorial Beach Park Non-Collusion,Anti-Trust,and Minimum
Log Boom Wage Form
Replacement General Conditions,Special Conditions
Bid Bond Fonn,Bond to the City of
Renton
Insurance
ATA Sample Contract
S 9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit altached to this Agreement)
Refer to Request for Quote
Section Title Date Pages
Inn. AIAD=rn&M A101--2007.CopyeQht4+1915,191a,1925,1937,1861.1968,1961,1963,1967,1974,1977,1917,IM,1007 end2007 by The Amman Ins"d
ArdRecfi.AN dphb mearved.WARNWO;Thb AIA�Domment Is protaaaod by VS.Copyrillbt law and IntntvAlonal Treaties Unauthorised reprodmuon or 7
diabibutlon ofthb AIA`'Docurnenr,w any portion ark may rosun In amre CM Brut criminal pataill".and war be proeecuted to dte maxinum c4ent posslt4a
J under tlra .7Th doamterq vise created an 09/07J2013 1037:41 under Rte terms of AIA Documents-on-Demand! order no. 2009625053 ,erd b nd
lormsele.This domm ent b icensed by Ste American IneaWb of ArdAmb for onto-9mc use ony.and may not be reproduced poor to Ib complatim
§9.1.5 The Drawings.
(Either list the Drawings here or refer to an evhibil attached to this Agreement)
N/A
Number Title Date
§9.1.6 The Addenda,if any.
Number Date Pages
1 7/17/2013 2
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 AM 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 a7{v additional dociwtents that are intended to form part of the Contract Documents.AIA
Document A201-2007 provides that bidding requirements sitch as adi*tisenieit or invitation to bid,
Irnstnictions to Bidders,sample forms and the Contractors bid are riot pan ofthe Contract Documents
unless cnunieretted in this Agreentenl They should be listed here only if intended to be part of the
Contract Documents.)
None
snit AIA Do*nent A101--2007.CopyAght O 1x16,1918,1825,1937,1951,1958,1961,1M 1107,1974,1917,1997,1981,1987 and 2007 by The Amerlan ins"d
Nditcts AN right:re"rved.~N1101:This AIA°Dowmrnt is prd%tid by U.S.Copyright law and Intemational Traados.Unaurhodved mproducdon or
distibrdion ottMa Aieoowniont,*raw portion Mk,pray reach in severe civil and crtninal penalties,and wil be prooecuted to are maximum extwH possixa
i underarc law.This doeurnant wee created on 09/071201310:87:41 under Ore hmK of AIA Doe menu-on Demand^"order no. 2008823052 ,and Is rat
for mule.This doclment Is Ncensed by NO Artanan IMIR a OrAre*eoA na onaame use only.and may not be reproduced prior to os corpbton.
i
ARTICLE 10 INSURANCE AND BONDS
! The Contractor shall purchase and maintain insurance and provide bonds asset forth in Article 11 IA Document
A201-2007.
i (State bonding requirements,ifa»y,o»d limits of liability for insurancr regttitrd r»Aiiicle 11 ofAj.4 Docwnerrt
A201-2007.)
Type of insurance or Bond Limit of Liability or Bond Amount($O.00)
Surety Bond $221,267.07
f
This Agreemen tmd into as of the y and year first written above.
OWNER(S na ate CTO ( Rn 1»rc
Denis Law,Mayor G
(Printed name and title)
1't��Of i»ted name and tit e)
Attest:
l�A�tf'tc.c- �• Ct�a2��
Bonnie I . Walton, City Clerk
OF RF
''�rrfrr+rrrt�'
Init. DocrenentA101TM-2007.Copyriaht018161a1611i251937,1651,1DSa,1961,17,1674,1677,1687,1981,1887ard1pp7yyThQArr1�n �
Ad*ada.ANi6hb m&v*d.WARNING:7bis AtODmumW N protected Ly US.CopWWy tawand hmnlo Tonal Tmat'*&Unxuawd:md mprodmdm or
dls N'tionof this AN`nocur waorarryportionofitrnayresuainsowrocMi and cob"poriaL%%and wmbeprosow6edb0iamaxYnrenaxkrrtposaarto 9
t wrdrthe lav+Thk dodanMt was created on 08/07/2013 10:97A t under the term o(AIA Documents-on-Demand°order no. 200862 o63 ,and is not
for resale.TMe doeunent a Fesneed by Ire American INlr7ule ofArct'lecls for oneikns uee 0*.and may not be reproduced prior b h coapboon.