The URL can be used to link to this page

Home My WebLink About5.415 Original Contract .. 5.1/5 - -- J, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AlA Document A 101 - Electronic Format AGREEMENT made as of the 2 4 ~ day of October in the year of Nineteen Hundred and Ninety-six BETWEEN the Owner: (Name and address) City of Port Angeles 321 East 5th Street P. O. Box 1150 Port Angeles, W A 98362 and the Contractor: (Name and address) Primo Construction, Inc. 970 Carlsborg Road Sequim, WA 98382 The Project is: (Name and locatIOn) Veterans Park Site Improvements Lincoln Street Port Angeles, Washington The Architect is: (Name and address) Lindberg Architects 319 South Peabody, Suite B THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALL Y DRAFTED AlA DOCUMENT MAYBE MADE BY USING AlA DOCUMENT D401. The 1987 Edition of AlA Document A20 I, General ConditIOns of the Contract for ConstructIOn, is adopted in this document by reference. Do not use with other general conditIOns unless this document is modified This document has been approved and endorsed by The AssocIated General Contractors of America Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, copyright 1987 by the American Institute of Architects, 1735 New York Avenue, N W, Washington, DC. 20006-5292. Reproduction of the material herem or substantial quotation of its provisIOns without wntten permissIOn of the AlA vIOlates the copynght laws of the United States and will be subject to legal prosecution AlA DOCUMENT AIOI - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE, N W , WASHINGTON, DC 20006-5292 WARNING Unhcensed photocopYing vIolates U S copYright laws and IS subject to legal prosecullon ThIS document was electronically produced under license number 297003005 and can be reproduced without Violation unul 2/2/97 r"1__,,- _ o. ~_____ _ Ln. __0__ "'1^' ,no...,. "I Port Angeles, W A 98362 The Owner and Contractor agree as set forth below. 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 Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, 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 to be fixed by the Notice to Proceed. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement Also Insert any requirements for earlier Substantial CompletIOn of certain portIOns of the Work, If not stated elsewhere In the Contract Documents) Substantial Completion shall be within ninety (90) calendar days following the commencement date specified in the Notice to Proceed. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, If any, for liqUidated damages relating to failure to complete on time) For each calendar day after the date fixed for completion that the work remains uncompleted, the Contractor shall pay the Owner the sum of Two Hundred Dollars ($200.00) as fixed, agreed, liquated damages, but not as a penalty. AlA DOCUMENT AIOI - OWNER-CONTRACTOR AGREEMENT. TWELFTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A VENUE, N W , WASHINGTON. D C 20006-5292 WARNING Unlicensed photOCOPYing vIolates U S copynght laws and IS subject to legal prosecution ThIS document was electronically produced under license number 297003005 and can be reproduced without violation untd 2/2/97 Electronic Document Service Al 0 1-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Thirty-nine Thousand Nine Hundred Seventy-seven Dollars ($139,977.00 ), 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 decISIons on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount IS valid) $139,977.00 Base Bid 4.3 Unit prices, if any, are as follows: ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon ApplicatIOns for Payment submitted to theOwner .^.rekit89t by the Contractor and Certificates for Payment issued by theOwner .'\rsRit8et, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Owner .^.Fekit88t not later than the First day of a month, the Owner shall make payment to the Contractor not later than the Tenth day of the Same month. If an Application for Payment is received by the Aq.l;{fi,~fe('t after the application date fixed above, payment shall be made by the Owner not later than Ten days after the ~~8Grt~('t receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the 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 and be prepared in such form and supported by such data to substantiate its accuracy as the .\P~R!eet may require. This schedule, unless objected to by the ,^.:9~l\lfeet, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: AlA DOCUMENT AIDI - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE, N W . W ASHINGl ON, 0 C 20006-5292 WARNING Unlicensed photocopYing Violates US copYright laws and IS subject to legal prosecution This document was electronically produced under license number 297003005 and can be reproduced Without vIOlatIOn until 2/2/97 Electronic Document Service Al 0 1-1987 3 '. 5.6.1. 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 total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (~%) . Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 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 (~%); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Aq"b'h~fGGt has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon SubstantIal Completion of the Work, a sum sufficient to increase the total payments to Ninety- five percent (~%) of the Contract Sum, less such amounts as the A?~RTfce:t shall determine for incomplete Work and unsettled c]all11S; and 5.7.2 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 the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is Intended, prior to Substantwl CompletIOn of the entire Work, to reduce or limit the retalnage resulting from the percentages Inserted In Subparagraphs 5 6 1 and 5 62 above, and thIS IS not explained elsewhere In the Contract Documents, Insert here prOVIsions for such reductIOn or limItatIOn) In accordance with Ch. 60.28 RCW ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued bJr the A9~~lf0!;t; such final payment shall be made by the Owner not more than 30 days after the issuance of the ,Rr~rt~ct's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. AlA DOCUMENT AIDl . OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION. AlA. COPYRIGHT 1987. THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A VENUE. N W > W ASHINGl ON D C 20006-5292 WARNING UnlIcensed photOCOPYing VIOlates U S COPYright laws and IS subject to legal prosecution ThiS document was electronically produced under license number 297003005 and can be reproduced without VIOlatIOn until 2/2/97 Electronic Document Service Al 0 1-1987 4 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 of Interest agreed upon, If any) (Usury laws and requirements under the Federal Truth In Lending Act, sWlllar state and local consumer credit laws and other regulatIOns at the Owner's and Contractor's principal places of business, the locaflon of the Project and elsewhere may affect the validlfy of thiS provIsion Legal adVice should be obtamed with respect to deletions or modificatIOns, and also regarding requirements such as written disclosures or wQlvers) 7.3 Other provisions: Accompanying the second application and all subsequent applications, the Contractor shall submit signed lien waivers from all applicable subcontractors and equipment or material suppliers. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement IS this executed Standard Form of Agreement Between Owner and Contractor, AlA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Elfher list the SpecificatIOns here or refer to an exhibit attached to thIS Agreement) Section Title Pages AlA DOCUMENT AIOI - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE, N W . WASHINGTON, 0 C 20006-5292 WARNING Unlicensed photOCOPYing violates U S copYright laws and IS subject to legal prosecution ThiS document was electronically produced under license number 297003005 and can be reproduced without ViolatIOn until 2/2/97 Electronic Document Service Al 0 1-1987 5 ',.',. .. Specifications entitled: PROJECT MANUAL "Park Site Improvements City of Port Angeles Veterans Park", September, 1996. 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either /zst the Drawings here or refer to an exhIbit attached to thiS Agreement) Number Title Date Drawings as prepared by LlOdberg Architects entitled: "Site Improvements for Veterans Park Port Angeles, Washington". 9.1.6 The addenda, if any, are as follows: Pages 1 thru 7 Number No.1 No. 1 (2) Date September, 1996 September 20, 1996 Pages 1 thru 4 1 thru 8 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 Other documents, If any, forming part of the Contract Documents are as follows: (List here any addItIOnal docllments which are Intended to form part of the Contract Documents The General Conditions prOVide that bidding requirements slIch 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 /zsted here only if intended to be part of the Contract Documents) AlA DOCUMENT AIDI - OWNER-CONTRACTOR AGREEMENT - TWELFTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A VENUE. N W . WASHINGTON. D C 20006-5292 WARNING Unlicensed photOCOPYing ViOlates U S COPYright laws and IS subject to legal proseCution ThIS document was electronically produced under license number 297003005 and can be reproduced Without VIOlatIOn until 2/2/97 Electronic Document Service Al 0 1-1987 6 - i . I ~ ~ . This Agreement is entered into as of the day and year first 'dritten above and is executed in at least ~ original conies oft which one is to be delivered to the Contractor, 8.lle tocrTh~~^J2~i~we1efotg~eUMt~g J~lliM~?fJ7Jr;aSntleof the ~ontrac . . ~QAt~t, aRB tHe remalllGer t8 tAe O'NHer. a ~ ~ . ~w (. Ig ture) Prosper Ostrowski, Mayor (Printed name and tltle) CONTRACTOR n ~~ (SIgnature) Gregory Parrish, Primo Construction, Inc. (Printed name and title) AlA DOCUMENT AIO! - OWNER-CO I'll RACTOR AGREEMENT - TWELFTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, \735 NEW YORK AVENUE, N W . WASHINGTON, D C 20006~5292 WARNING Unlicensed photocopYing violates US copYright laws and 15 subject to legal prosecution ThIs document was electroOlcally produced under license number 297003005 and can be reproduced without VIOlation untIl 2/2/97 Electronic Document Service Al 0 1-1987 7