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Item 4K-4O - Attachment A
DRAFTAIA"' Document A1010 - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the E day of E in the year o » (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Southlak-7", 1400 Main Street Southlake, Texas 76092 811.748.8216 Phone and the Contractor: (Name, legal status, address and other information) L ffION ANDDELETION : T e r of this document has information needed for ompletion. The author may also have revised the -exi of the original AIA 3tai dard fo n Additions and Deletio s port that of s added inf rmation as el as rev'sio s to the to dard fo t xt is This document has important Gliden Industries, LL C. legal consequences. 780 N Watters Rd. Ste. 110 Consultation with Allen, Texas 75013 attorney is urage respec its c mp etion or �(jQ,795.9900 Phone m icatj for the following Project: (Name, location and detailed description) Souk ergency Operations Center Relocation 600 State Street Southlake, Texas 76092 The Architect: (Name, legal status, address and other information) Tate Snyder Kimsey Architects 314 S Water Street Henderson, Nevada 89015 972.292.7670 Phone The Owner and Contractor agree as follows. ne ies snou a omplete -201 , hi it A, Insura�AIADoc contemh's Agreem A2010-2017, General Conditions of the Contra for o�uction, is pte in th_. i current reference. Do no us 1th other general cond' ions unless this document is modified. 0 ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the £ooter of this document. AIA Document A101 - 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" 1 are trademarks of The American Institute of Architects. This draft was produced at 11:25:24 ET on 11/15/2023 under Order No.2114420949 which expires on 03/28/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (729033594) TABLE OF ARTICLES THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT 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 EXHIBIT A INSURANCE AND BONDS I ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other d in this Agreement, and Modifications issued after execution of this Agreement, all of which fo e Co as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contra t r ents and integrated agreement between the parties hereto and supersedes prior negotiations, represen i s, or t either written or oral. An enumeration of the Contract Documents, other than a Modification, appears m ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as 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: (Check one of the following boxes) [] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. Established as follows: (Insert a date or a means to determine the date of commencement of the If a date of commencement of the Work is not selected, then the date of commencement Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. the I be he date of this § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information) [ X ] Not later than One Hundred and Eighteen ( 118 ) calendar days from the date of commencement of the Work. AIA Document A101 - 2017. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" 2 are trademarks of The American Institute of Architects. This draft was produced at 11:25:24 ET on 11/15/2023 under Order No.2114420949 which expires on 03/28/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (729033594) By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Not Applicable Substantial Completion Date Not Applicable § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3 any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contract Contract. The Contract Sum shall be Six Hundred Fifty -Four Thousand Dollars ($654,000 ), deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price None § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this (Insert below each alternate and the conditions that must be met for the Owner to accept the Item Price Conditions § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance) Item Price § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit Item Units and Limitations None § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any) § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the formance of the to add io s and Price per LIAM 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. AIA Document A101 - 2017. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "America. Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:25:24 ET on 11/15/2023 under Order No.2114420949 which expires on 03/28/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (729033594) § 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: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed abqv7e-,Jpayment of the amount certified shall be made by the Owner not later than thirty (30) days after the Architect rc r es 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 sub i d by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire on act Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and sup d by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used 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 t te N 7ork as of nhend of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A20IT14--2017, General Conditions of the Contract for Construction, an subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipme t d ed and st stored at the site for subsequent incorporation in the completed construction, or, i ove by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Arc] withheld a Certificate for Payment as provided in Article 9 of AIA Document .3 Any amount for which the Contractor does not intend to pay a Subcontractor i unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, the Architect may withhold payment, or nullify a Certificate of Payment in wh in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Pay" retainage may be limited by governing law.) Five Percent (5%) has pre 1-2017; amount for which ole or in part, as provided § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) N/A § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: AIA Document A101 - 2017. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" 4 are trademarks of The American Institute of Architects. This draft was produced at 11:25:24 ET on 11/15/2023 under Order No.2114420949 which expires on 03/28/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (729033594) (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion ofportions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) Contractor agrees to pay the Owner $1000.00 per day as liquidated damages for each day the substantial completion of this project extends beyond the stipulated substantial completion date. § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Wor th Contractor may submit an Application for Payment that includes the retainage withheld from prior Applicatio s f r Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall of follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Cc the Contractor any additional amounts in accordance with Article 9 of AIA Document § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance 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 Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibi ' o corr c Work as provided in Article 12 of AIA Document A201-2017, and to satisfy of equir s, i 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 Architect's final Certificate for Payment, or as follows: § 5.3Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due t tLerateor in the absence thereof, at the legal rate prevailing from time to time at the place where the ro (Insert rate of interest agreed upon, if any) (Paragraph deleted) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Documen A2 —2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial e ision Maker. (If the parties mutually agree, insert the name, address and other contact information of the I iti Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box) (Paragraphs deleted) AIA Document A101 - 2017. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" 5 are trademarks of The American Institute of Architects. This draft was produced at 11:25:24 ET on 11/15/2023 under Order No.2114420949 which expires on 03/28/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (729033594) If the Owner and Contractor do not select a method of binding dispute resolution, 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. 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 A201-2017. (Paragraphs deleted) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Documen AT1-204?. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-20b J another Contract Document, the reference refers to that provision as amended or supplemented by other provi° of the Contract Documents. I l 1—I § 8.2 The Owner's representative: (Name, address, email address, and other information) Mamerto Estepa 1400 Main Street, Suite 320 Southlake, Texas 76092 mestepa(&ci. southlake.tx.us 817.748.8216 Phone § 8.3 The Contractor's representative: (Name, address, email address, and other information) Thomas Stewart Gliden Industries, LLC. 780 N Watters Rd. Ste. 110 Allen, Texas 75013 469.795.9903 Phone § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. / § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AlO1TM--2017 the Contract Documents. (Paragraphs deleted) § 8.7 Other provisions: prior notide t4 the Document 1T�14__ i tipulated Sum, , and elsewhere in ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101TM-2017, Standard Form of Agreement Between Owner and Contractor .3 AIA Document A201 T14-2017, General Conditions of the Contract for Construction AIA Document A101 - 2017. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This draft was produced at 11:25:24 ET on 11/15/2023 under Order No.2114420949 which expires on 03/28/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (729033594) .5 Drawings See Southlake EOC Relocation Permit Set, August 2023 — Addendum 1 .6 Specifications See Project Specification Manual - City of Southlake Emergency Operations Center Relocation — Permit Submittal — October 06, 2023 .7 Addenda, if any: Southlake EOC Relocation Permit Set, August 2023 — Addendum 1, October .9 Portions of Addenda relating to bidding or proposal requirements are not part Documents unless the bidding or proposal requirements are also enumerated i#-4* Article 9. Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Conwacj Documer ts. IA Document A201TI*42017 provides that the advertisement or invitation to bid, A nstictions Bi doxy sample forms, the Contractor's bid orproposal, portions ofAddenda relating bidding or 12ral2osal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents) This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) CONTRACTOR (Signature) (Printed name and title) 0 AIA Document A101 - 2017. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" 7are trademarks of The American Institute of Architects. This draft was produced at 11:25:24 ET on 11/15/2023 under Order No.2114420949 which expires on 03/28/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (729033594)