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AGREEMENT
AIA Form A101, Standard Form of Agreement Between the Owner and Contractor, as modified
by the City, comprises the Agreement
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AGREEMENT made as of the' ' ` . ii day of `" in the year T . 'o: an' xtee
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(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, legal status, address and other information)
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and the Contractor:
(Name, legal status, address and other information)
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for the following Project:
(Name, location and detailed description)
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The Architect:
(Name, legal status, address and other information)
David A dark Architects,Pi1LC 0 ''
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Auburn,WA98092 -
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The Owner and Contractor agree as follows.
AGREEMENT Section 000500-1
City of Auburn
Council Chamber Remodel
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,SUBSTANTIAL COMPLETION,
PHYSICAL COMPLETION, FINAL ACCEPTANCE,AND CONTRACT
COMPLETION
§3.1 Notice to Proceed:The Notice to Proceed Date shall be determined at the Preconstruction Conference and shall
be within five(5)working days of the execution of the Contract by the City. The City will send a dated and signed
official"Notice to Proceed"to the Contractor. The Contract time shall begin on the first working day following the
"Notice to Proceed Date." The"Notice to Proceed Date"is the Commencement Date of the work.
The Contractor shall not commence with the work until the City has executed the Contract and the Owner has given
the Notice to Proceed.The Contractor shall diligently pursue the work to the physical completion date within the
time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the
Contractor of the responsibility to complete the work within the time(s)specified in the contract.
§3.2 Substantial Completion Date: Substantial Completion Date is the day the Owner determines that it has full
and unrestricted use and benefit of the facilities,both from the operational and safety standpoint,any remaining
disruptions will be rare and brief,and only minor incidental work,replacement of temporary substitute facilities,
plant establishment periods,or correction or repair remains for the Physical Completion of the total Contract. The
construction work for this project is to commence July 25,2016 and have substantial completion by
September 23,2016,or Sixty(60)calendar days from Notice to Proceed.
AGREEMENT Section 000500-2
City of Auburn
Council Chamber Remodel
§3.3 Physical Completion Date:Physical Completion Date is the day all work is physically completed on the
project. All documentation required under the contract and required by law does not necessarily need to be
furnished by the Contractor before the establishment of this date,unless identified in the Contract documents.
When the Contractor considers the work physically complete and ready for final inspection,the Contractor by
written notice,shall request the Owner to schedule a final inspection.The Owner will set a date for final inspection.
The Owner and the Contractor will then make a final inspection and the Owner will notify the Contractor in writing
of all particulars in which the final inspection reveals the work incomplete or unacceptable.The Contractor shall
immediately take such corrective measures as are necessary to remedy the listed deficiencies.Corrective work shall
be pursued vigorously,diligently,and without interruption until physical completion of the listed deficiencies.This
process will continue until the Engineer is satisfied the listed deficiencies have been corrected.If action to correct
the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies,the
Owner may,upon written notice to the Contractor,take whatever steps are necessary to correct those deficiencies.
The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work
attributable to the exercise of the Owner's right hereunder.Upon correction of all deficiencies,the Owner will notify
the Contractor and the Contracting Agency,in writing,of the date upon which the work was considered physically
complete.That date shall constitute the Physical Completion Date of the contract,but shall not imply acceptance of
the work or that all the obligations of the Contractor under the contract have been fulfilled.
The Contractor must perform all the obligations under the Contract before a Completion Date can occur.
Final Acceptance Date is the date upon which the Auburn City Council accepts the work as complete and approves
the final payment due the Contractor is the final acceptance date.
§ 3.4 Liquidated Damages:Time is of the essence of the Contract. Delays cost the tax payers undue sums of
money,adding time needed for administration,architectural and engineering services,inspection and supervision.
Because the Owner fmds it impractical to calculate the actual cost of delays,it has adopted the following formula to
calculate liquidated damages for failure to reach substantial completion within 60 calendar days.
Accordingly,the Contractor agrees:
To pay(according to the following formula)liquidated damages for each calendar day beyond the number of
working days established for Substantial Completion,and
To authorize the Owner to deduct these liquidated damages from any money due or coming due to the Contractor.
Liquidated Damages Formula
LD=(0.15C)/T
Where:
LD=liquidated damages per calendar day rounded to the nearest dollar
C=original Contract Amount
T=original number of calendar days allowed to reach Substantial Completion
Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or
payment of liquidated damages will,in any degree,release the contractor from further obligations and liabilities to
complete the entire Contract.
ARTICLE 4 CONTRACT SUM
§4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's .erformance of the
Contract.The Contract Sum shall be oTluee undied + v° One Thous d,,Six 'undied ,eventy l ye,;dollars,au
jfty;cenTi>($c .75 3i; ),subject to additions and deductions as provided in the Contract Documents,which
includes Washington Sate Sales Tax.
§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:
AGREEMENT Section 000500-3
City of Auburn
Council Chamber Remodel
(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 amount for each and the date when that amount expires.)
< Bid ternaz a4#11 cc-oted •w�d`in ® iii oe e ' above
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:
One endar nth ens I=on 15 ® hof they• e
§5.1.3 Provided that an Application for Payment is received by the Architect not later than the 2i day of a month,
the Owner shall make payment of the certified amount to the Contractor within 45 days,or after the next
appropriately available City Council Meeting and approval of vouchers. If an Application for Payment is received
by the Architect after the application date fixed above,payment shall be made by the Owner after the Architect
receives the Application for Payment consistent with the next available City Council Meeting and approval of
vouchers.
(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 of 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 ve•'p iceift
(<5%o'f�>).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 A201114-2007,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 bOwner,suitably stored off the site at a location agreed upon in writing),less
retainage of c<fveperc entjt (<c5°/ :a);
.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 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.
AGREEMENT Section 000500-4
City of Auburn
Council Chamber Remodel
§5.2 FINAL PAYMENT
§5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,less applicable retainage,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,and.
.3 approval of the final acceptance of the Auburn City Council
§5.2.2 The Owner's final payment to the Contractor shall be made no later than 45 days after the Auburn City
Council's final acceptance of the work,or as follows,subject to other conditions as specified within the Contract
Documents
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ARTICLE 6 DISPUTE RESOLUTION
§6.1 BINDING DISPUTE RESOLUTION
For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of MA 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 King County Superior Court
[ ] Other(Spec)
ARTICLE 7 TERMINATION OR SUSPENSION
§7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document
A201-2007.
§7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§8.1 Where reference is made in this Agreement to a provision of AIA Document A201-200.7 or another Contract
Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
§8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is
located.
(Insert rate of interest agreed upon, if any.)
ONE
§8.3 The Owner's representative:
(Name, address and other information)
AGREEMENT Section 000500-5
City of Auburn
Council Chamber Remodel
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§8.4 The Contractor's representative:
(Name, address and other information)
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§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:
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 as included in the Specifications.
§9.1.4 The Specifications as listed in Section 000010.
§9.1.5 The Drawings as listed on the Drawing Index on sheet A-100.
§9.1.6 The Addenda,if any:
Number Date Pages
Addendum#1re=
F�iddendumo#2 ,�Q �._ �� .._ „3=. 16430/162,-.3-:T3',. �'
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:
Bid Forms
Storm Water Management Manual—City of Auburn
Engineering design and construction Standards—City of Auburn
Documents and standards as referenced in the specifications and drawings
AGREEMENT Section 000500-6
City of Auburn
Council Chamber Remodel
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 and section 000498.
IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the
day and year first hereinabove written.
CITY OF AUBURN, WASHINGTON
By r•
N y :ackus, Mayor
Countersigned:
this q-4-qday ofAsfi , 20 1_to
ATTEST:
,k,,,,,, f,..u.,..d,„J
Danielle E. Daskam, City Clerk
APPROV i AS TO '•RM:
Dance B. Heid, City Attorney
ROD MCCO it CON.TR TION, LLC
0,
By L A-AA!.
Aut orized ! icia ignature
END OF SECTION
AGREEMENT Section 000500-7