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FY2008-33 Kodiak High School Library Seismic Upgrade ~o08-<83 Document A101™ -1997 dard Form of Agreement Between Owner and Contractor ethe basis of payment is a STIPULA TED SUM day ~he ye" of Two ~GREEMENT made as of the /;;1'6 Thousand Eight ' (In words, indicate day, month and year) information) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added 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 has added necessary information and where the author has added to or deleted from the original AlA text. iak, Alaska, 99615 7 486 9349 and t (Na ontractor: , address and other information) J en Contracting Company 1520 Post Road Anchorag AK 99501 Telephone Number: 90 -2737 Fax Number: 907-279-1 The Project (Name and location) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. gh School laska Seismic Upgrades AlA Document A201-1997, 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. e Architect is: (Name, add and other information) This document has been approved and endorsed by The Associated General Contractors of America. Jensen Y rba ott,Inc Oth Street laska 99801 The Owner and agree as follows. AlA Document A10FM -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 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 AlA"' 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 AlA software at 13:23:12 on 04/25/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3203571426) Init. ARTICLE 1 THE CONTRACT DOCUMENTS eContract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other nditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed n 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 'cle 8. MMENCEMENT AND SUBSTANTIAL COMPLETION t of the Work shall be the date of this Agreement unless a different date is stated he date to be fixed in a notice to proceed issued by the Owner. nt if it differs from the date of this Agreement or, if applicable, state that the date roceed.) the Work, the Owner requires time to file mortgages, mechanic's liens and other time requirement shall be as follows: ~ 3.2 The Contract Time be measured from the date of commencement. The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date ommencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of co encement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial pletion of certain portions Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than August 15,2008 Portion of Work Substantial Completion Date ,subject to adjustments of this (Insert provisions, if anY,fo early completion of the Wo ontract Time as provided in the Contract Documents. idated damages relating to failure to complete on time or for bonus payments for uidated damages of $1000 per proposal document submitted by Contractor. ARTICLE 4 CONTRACT SUM ~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Fifty Thousand Seven Hundred Dollars and no cents. ($ 550,70Q,OO), subject to additions and deductions as provided in the Contract Documents. ~.4.2The 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 when that amount expires) Init. AlA Document A10FM -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 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 AlA software at 13:23:12 on 04/25/2008 under Order NO.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3203571426) prices, if any, are as follows: escription Units Price ($ 0.00) ARTICLE 5 PAYMENTS ~ 5.1 PROGRESS PAY NTS ~ 5.1.1 Based upon A . tions for Payment submitted to the Architect by the Contractor and Certificates for Payment is by t chitect, the Owner shall make progress payments on account of the Contract Sum to the tractor below and elsewhere in the Contract Documents. each Application for Payment shall be one calendar month ending on the last day of pplication for Payment is received by the Architect not later than the Tenth day of a ayment to the Contractor not later than the Twentieth day of the same month. If an ived by the Architect after the application date fixed above, payment shall be made Thirty ( 30 ) days after the Architect receives the Application for Payment. ~ 5.1.4 Each Applicationfor Payment shall be based on the most recent schedule of values submitted by the Contra.ctor 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 d osubstaritiate its accuracy as the Architect may require. This schedule, unless objected to by the Archite all be used as a basis for reviewing the Contractor's Applications for Payment. plications for Payment shall indicate the percentage of completion of each portion of the Work as of the e period covered by the Application for Payment. ! .1.6 Subjectto 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 Ten percent ( 10.00%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AlA Document A201-1997; .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 Ten percent ( 10% ); .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 AlA Document A201-1997, ~ 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 AlA Document A10FM -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 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 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 AlA software at 13:23:12 on 04/25/2008 under Order No,1000308777 _1 which expires on 6/25/2008, and is not for resale. User Notes: (3203571426) Init. (Section 9.8.5 of AlA Document A201-1997 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 AlA Document A201-1997. ~ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from thepercentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract uments rt here provisions for such reduction or limitation.) General Conditio tion 00719- Payments paragraph 19.1 ~5~1.9 Except Wit the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equi twhich have not been delivered and stored at the site. ~ 5.2 FI A YMENT ~ 5.2.1 I payment, Contractor when: ting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the .1 theContractorhas fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements, which extend beyond final payment; and a final Certificate for Payment has been issued by the Architect. the Ow all withhold ten percent (10%) of the final pay application until Owner receives signed notification of project completion from the Alaska Department of Labor, ~. 5.2. he 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: ARTICLE 6 TERMINATION OR SUSPENSION ~ 6.1 The Contract Illay belerminated by the Owner or the Contractor as provided in Article 14 of AlA Document A20l-1997. ~6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A20 1-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS ~ 7.1 Where referencels made in this Agreement to a provision of AlA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 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.) 10.5 ) per annum (Usurylaws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) In it. AlA Document A101™ -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974,1977,1987,1991 and 1997 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 maximum extent possible under the law. This document was produced by AlA software aI13:23:12 on 04/25/2008 under Order No,1 000308777_1 which expires on 6/25/2008, and is not for resale, User Notes: (3203571426) ~ 7.3 The Owner's representative is: (Name, dress and other information) ,PE ProjectManager 710Jvlill Bay Road Kodiak, Alaska, 99615-6398 Telephone: (907) 486-9341 Fax: (907) 486-9347 Ernail: ksmith@kodi ~ 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. ~ 7.6 Other provisions: ?-,.~"""'-- ",'"'' '---'" /"'.~ r}lll., ART 8 ENUMERATIONOF CONTRACT DOCUMENTS <i~O'(;...,~jc:.. , ~r/ Coo"",t ~~~:Fn", <xcePt:~'MOd;fi"tiOn' i"ow ,!let exeontion i ~ ~~" "e~~. \ , ,~.... I..... ! ~~~~~;.ts:ment~;:~i~1,~/997 edition of the SOmd"d Form of A~~~' BetJoon rA,7;J~~ , fi 8.1"Z'::l'!te Ge. tal Condition,... the 1997 wition of the Genetal Condition, o;~~~, ~ ',',., .?n, s~, f " AlA Document A201-1997. "..... ,'" :~; ". ..:.,!\. ,,} , ...., . .", ~_..~/ ~8.1.3 The Supplementary other Conditions of the Contract are those contained in the Project Manual dated , and are as follows Document SC Title Special Conditions Pages 6 ~ 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Project Manual Table of Contents (Table deleted) ~8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Project Manual Table of Contents (Table deleted) ~ 8.1.6 The Addenda, if any, are as follows: Number 1 Date 04/1 0/08 Pages 16 AlA Document A101'M -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U,S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AlA" 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 AlA software at 13:23:12 on 04/25/2008 under Order NO.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3203571426) Init. 2 04/12/08 ions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding irements are also enumerated in this Article 8. .~8.1.7,Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A20 1- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contrac 's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here 0 . intended to be part of the Contract Documents.) d into as of the day and year first written above and is executed in at least three original elivered to the Contractor, one to the Architect for use in the administration of the the Owner. h --;;UJ- CONTRACTOR (Signature) Tom Tibbs, Vice President, JCCI (Printed name and title) 11\, (jUWv~ D?"2~f Init. AlA Document A10FM -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 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 AlA"' 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 AlA software at 13:23:12 on 04/25/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3203571426) Additions and Deletions Report for rtiJ TM AlA Document A101 - 1997 Additi and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has to andard form AlA document in order to complete it, as well as any text the author may have added to or deleted from the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AlA document. This Additions and Deletions Report and its associated document were generated si neously by AlA software at 13:23: 12 on 04/25/2008, IdtL day o~ yeM of Two Thoo,""" E;ght 99615 PAGE 2 The Contractor shall achieve Substantial Completion of the entire Work not later than August 15,2008 Liquidated damages of $1000 per orooosal document submitted by Contractor. ~ 4. tTheOwner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the COtttrMt. The Contract Sum shall be Five Hundred Fiftv Thousand Seven Hundred Dollars and no cents. ($ 550,700.00), subject to additions and deductions as provided in the Contract Documents. PAGE 3 Additions and Deletions Report for AlA Document A101™ -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and 1 International Treaties, Unauthorized 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 AlA software at 13:23:12 on 04/25/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3203571426) ~ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Tenth day of a mont e Owner shall make payment to the Contractor not later than the Twentieth day of the same month. If an App . on for Payment is received by the Architect after the application date fixed above, payment shall be made by t wner not later than Thirty ( l!L.) days after the Architect receives the Application for Payment. .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 Ten percent ( 10,00% tPending final determination of cost to the Owner of changes in the Work, amounts not in disp II be included as provided in Section 7.3.8 of AlA Document A201-1997; Add ortion 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 Ten percent ( 10% ); See Ge .3 the Owner shall withhold ten percent (10%) of the final pay application until Owner receives signed notification of proiect completion from the Alaska Department of Labor. per annum PAGE 5 Janssen Contrac . 1520 Post Roa ra e Telephone: (907) 276-2737 Fax: (907}279.1822 Email: tomtibbs.jcci@worldnet.att.net SC Special Conditions Q Additions and Deletions Report for AlA Document A101™ -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized 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 AlA software at 13:23:12 on 04/25/2008 under Order NO.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3203571426) Title of Soecifications exhibit: Proiect Manual Table of Contents SeGtieR +itIe Pages Date 04/1 0/08 04/12/08 lQ. 1 Tom Tibbs, Vice President. JCCI kn #I--- Additions and Deletions Report for AlA Document A101™ -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963, 1967,1974,1977,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by u.s. Copyright Law and 3 International Treaties. Unauthorized 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 AlA software at 13:23:12 on 04/25/2008 under Order No.1 000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3203571426)