HomeMy WebLinkAboutContract CAG-15-025
Document A101'm - 2007
Standard Form of Agreement Between Owner and Contractor where the basis of
payment is a Stipulated Sum
AGREEMENT made as of the day of
in the year
(In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status,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,WA 98057 respect to its completion or
modification.
AIA Document A20I 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 status,address and other information) general conditions unless this
Rodarte Construction,Inc. document is modified.
17 E.Valley Highway East
Auburn,WA 98092
for the following Project:
(Name, location and detailed description)
Riverview Park Bridge Replacement
2901 Maple Valley Highway
Renton,WA 98057
The Architect:
(Name, legal status,address and other information)
PND Engineers,Inc.
1736 Fourth Avenue S.,Suite A
Seattle,WA 98104
The Owner and Contractor agree as follows.
AIA Document A101' —2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,19T?,1987,1991,1997"2007 by The American Instituteof
Inst. yqidects All rights reserved WARNING:This AIAeDocument Is protected by U.S.Copyright Law and international Treaties,Unauthorized reproduction or
distribution of this A100ocument,or any portion of i4 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 03/25/2015 13:05:04 under the terms of AIA Documents-on-Demand*"order no. 2009016224 ,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
8 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 differs from 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 Tu—2007.CopyrightC 1915,1918,1925,1937,1951,19M,1951,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Ins&de of
Init. Architects.All rights reserved WARNING:This AleDocument is protected by us.Copyright Law and International Trestles.Unauthorized reproduction or 2
distribution of this AleDocumant,orany portion of 0,may result in severe cMI and criminal penalties,and will be prosecuted to the maximum extent possible
t underthe law.This document was created on 03/25/2015 13:05:04 under the terms of AIA Documents-on-Demand TM order no. 2009016224 ,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
One Hundred Forty-Five ( 145 )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
Seven Hundred Fifty-Nine Thousand Six Hundred Twenty-Eight Dollars and Eighty-Eight Cents Dollars
($759,628.88 ),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 documentspermit 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, if any, to which the unit price will be applicable)
Item Units and Limitations Price per Unit($0.00)
None
AIA Document A101 TM—2007.Copyright C 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 try The Amedmn Institute of
Init. Architects.AN rights reserved,WARNING:This AIAe Document is protected by U.S.Copyright Lawand International Treaties.Unauthorized reproduction or 3
distribution of this AIA°Document,or any portion of kmay result In severe elvil and criminal penalties,and will be prosecuted to the maximum extent possible
t underthe taw.This document was created on 03/25/2015 13:05:04 under the terms of AIA Documents-on-Demand"'order no. 2009016224 ,and is not
for resale.This document is licensed by the American Institute of Arch tects for one-time use ony,and may not be reproduced pdor 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 acording to the 2015 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 atter 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 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 stared 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.
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 Ametimn Iret to of
Archilects.All rights reserved,WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthoraed reproduction or 4
distribution of this AIA°Document,or any portion of it,may resuK In severe ties,civil and criminal penaland will be prosecuted to the maximum extant possible
/ under the law.This document was created on 03/25/2015 13:05:04 under the terms of AIA Document"n•DemandTM order no. 2009016224 ,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,
§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-w2007 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 limit the retainage resulting 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 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 name, address and other contact information of the Initial Decision Maker, if
other than the Architect.)
None
AIA Documwrt A101"'—2007.Copyright C 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American InsMule of
Inft, ArchRects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Low and Intemationat Trestles.Unauthorized reproduction or 5
dWbutlon of this AIA°Documwd,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent passible
/ underthe law.This document was created on 03/25/2015 13:05:04 under the terms of AIA Documents-on-DemandTM order no. 2009016224 ,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.
§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)
® 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.
§82 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 information)
Jared A. Rodarte
Rodarte Construction,Inc.
17 E.Valley Highway East
Auburn,WA 98092
Ph.253-939-0532
§8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
AIA Document A101 n—2007.Copyright 011915,1918,1925,1937,1951,1958,1961,1963,1957,1974,191n,1987,1991,1997 axt 2007 by The Amerim Institute of
[nit. Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright tarn and International Trestles.Unauthorized reproduction or
distribution of this A100ocument,or any portion of it,may result In severe thud and criminal penalties,and will be prosecuted to the maximum extent possible 6
/ under the law.This document was created on 03125/2015 13:05:04 under the terms of AIA Documents•on•DemandT order no. 2009015224 ,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 tts completion.
§6.6 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
00800 Special Conditions 3
§9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Riverview Park Bridge Replacement Project Manual,March 2015
Section Title Date Pages
[nit. AW Document A101 TM—2W7.Copyright®1915,1018,1925,1937,1951.1958,1961,1963,1967,1974,19T7,1987,1991,1997 and 2007 by The American Institrte of
Architflds.All rights reserved.WARNING:This AIA Document is protected by U.S.copyright Low and International Treaties.Unauthorized reproduction or 7
distribution of this AW Document,or any portion of it,may result in severe civil and criminal penattles,and will be prosecuted to the maximum extent possible
/ under the law.This document was created on 03/25/2015 13:05:04 under the terns of AIA Documents•on-DemandTM order no. 2009016224 ,and is not
for resale.This documerd Is licensed by the American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.
f
§9,1.5 The Drawings:
(Either list the Dratings here or refer to an exhibit attached to this Agreement.)
Riverview Park Bridge Replacement,March 2015
Number Title Date
§9,1.6 The Addenda,if any:
Number Date Pages
I March 18,2015 1
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 E20IT7,1-2007,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 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)
None
AIA Document A101 m—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Inskite of
Intt. Architects All rights reserved,WARNING:This AleDocument is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or 8
distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and wtil be prosecuted to the maximum extent possible
/ underthe law.This document was created an 03/25/2015 13:05:04 under the terms of AIA Documents-on-Demand'"'order no. 2009016224 ,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 I 1 of AIA Document
A201--2007,
(State bonding requirements, if any,and limits of liabilityfor insurance required in Article 11 of AIA Document
A201-2007.)
Type of Insurance or Bond Limit of Liability or Bond Amount($0.00)
Surety Bond $759,628.88
This Agftment entered into as of the day and year first written above.
/y�o .........................._Denis Law, CONTRACTOR(Signature)
ATTEST: �.... 12Y
f2aledMeJa on A. ethr Clerk andtitle)
{UT�'V/ `,
r �V
=.1
ALA Document A101 n—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American tns"of
Inst. Ardihm;ts.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright taw and International Treaties.Unauthorized reproduction or 9
distribution of this AIA Document,orany portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extant possible
under the law.This document was created on 03/25/2015 13:05:04 under the terms of AIA Documents-on-Demandm order no. 2009016224 ,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.
Dcity of
e t�e
Attachment 'A'
Riverview Park Bridge Replacement
Scope of Work
Rodarte Construction,Inc. will install an aluminum pedestrian bridge spanning the Cedar
River, with abutments, utility connections, fencing, concrete flatwork, habitat planting,
and interpretive signs at Riverview Park, 2901 Maple Valley Highway.
Reference Riverview Park Bridge Replacement drawing set, dated March 2015, by PND
Engineers, Inc., and Project Manual, dated March 2015.
Payment will be on a Stipulated Sum Basis of Seven Hundred Fifty-Nine Thousand Six
Hundred Twenty-Eight Dollars and Eighty-Eight Cents ($759,628.88), which includes
WSST.
The following portions of contract conditions are from the Washington State
Department of Commerce, and shall become a part of this contract.
1.16. HISTORICAL AND CULTURAL ARTIFACTS
If historical or cultural artifacts are discovered during construction, the Contractor shall
immediately stop construction and notify the local historical preservation officer and
the state's historical preservation officer at DAHP. If human remains are uncovered, the
Contractor shall report the presence and location of the remains to the coroner and
local enforcement immediately, then contact DAHP and the concerned tribe's cultural
staff or committee.
2.9 AUDIT
A. General Requirements
• Contractors (City of Renton) are to procure audit services based on the following
guidelines.
• The Contractor shall maintain its records and accounts so as to facilitate the
audit requirement and shall ensure that Subcontractors also maintain auditable
records.
• The Contractor is responsible for any exceptions incurred by its own organization
or that of its Subcontractors.
• Commerce reserves the right to recover from the Contractor all disallowed costs
resulting from the audit.
1
• As applicable, Contractors required to have an audit must ensure the audits are
performed in accordance with Generally Accepted Auditing Standards (GAAS);
Government Auditing Standards (the Revised Yellow Book) developed by the
Comptroller General.
• Responses to any unresolved management findings and disallowed or
questioned costs shall be included with the audit report. The Contractor must
respond to Commerce requests for information or corrective action concerning
audit issues within thirty(30) days of the date of request.
B. State Funds
Contractors expending$100,000 or more in total state funds in a fiscal year must have a
financial audit as defined by Government Auditing Standards (The Revised Yellow Book)
and according to Generally Accepted Auditing Standards (GAAS). The Schedule of State
Financial Assistance must be included. The schedule includes:
• Grantor agency name
• State program name
• BARS account number
• Agency contract number
• Contract award amount including amendments (total grant award)
• Beginning balance
• Current year revenues
• Current year expenditures
• Ending balance
• Program total
If the Contractor is a state or local government entity, the Office of the State Auditor
shall conduct the audit.
2.37 SUBCONTRACTING
Every subcontract shall include a term that Commerce and the State of Washington are
not liable for claims or damages arising from a Subcontractor's performance of the
subcontract.
2