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Home My WebLink About780547.tiff THE AMERICAN INSTITUTE OF ARCHITECTS 1/4„00, 04 r AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, Genera/ Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twenty—Fifth day of August in the year of Nineteen Hundred and Seventy—eight BETWEEN the Owner: County of Weld, Colorado and the Contractor: Professional Design Builders, Inc. Post Office Box 275 Loveland, Colorado 80537 The Project: Expansion of Weld County Library Located at: 2227 Twenty—third Avenue Greeley, Colorado The Architect: Boer and Roberts Architects 8th and 8th Building, Suite 204 Greeley, Colorado 80631 The Owner and the Contractor agree as set forth below. Copyright 1915,1918,1925,1937, 1951,1958,1961,1963, 1967,1974, @ 1977 by the American Institute of Architects, 1735 New • York Avenue, N.W., Washington,D. C. 20006. Reproduction of the material herein or substantial quotation of i' without permission of the AIA violates the copyright laws of the United States and will be subject to legal 700547 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA• - --- ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 /�1914F7Z_15. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Construction of approximately 18,000 square feet additional floor area in a one story structure and remodeling of the existing one story structure of approximately 9,800 square feet. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced by September 4, 1978 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than May 22, 1979 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) (260 calender days) AM DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • ALA. ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Six Hundred Fifty-Seven Thousand Six Hundred Twenty-five Dollars • ($ 657,625.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Base Bid only: $ 657,625.00) (Alternates #1 and #2 not accepted) ARTICLE 5 PROGRESS PAYMENTS • 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 pro- vided in the Contract Documents for the period ending the Tenth day of the month as follows: Not later than Fifteen days following the end of the period covered by the Application for Payment Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent ( 90%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to Ninety-five percent ( 95 °/0) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (If not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Payments to the Contractor shall be due as provided above except as limited by Owner's available construction funds as provided in paragraph 9.3.1.1„of n the Supplementary Conditions. 0Y-S4 I , Il t ,,,000...YYY • Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) Twelve Percent (12%) per annum Usury laws 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.Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract(General,Supplementary,and other Conditions),the Drawings, the Specifications,and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) 1. This agreement dated August 25, 1978. 2. Specifications dated June 19, 1978, including General Conditions, Supplementary Conditions and Technical Specifications. 3. Addendum No. 1, dated July 20, 1978. 4. Addendum No. 2, dated July 26, 1978. 5. The Drawings: Sheets A-1 through A-16, dated June 19, 1978. Sheets S-1 through 5-3, dated June 19, 1978. Sheets M-1 through M-5, dated June 19, 1978. Sheets E-1 through E-4, dated June 19, 1978. This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR Weld County, Colorado Professional Design Buildgtg,, lac Board of County Commissioners { BY X�1J �/,C,2 Ed Dunbar, Chairman Ivar W. Larson, President Donna M. Larson, • Dccrctary AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 Hello