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Home My WebLink About20080843.tiff solleATA Document A101T" - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Fourth day of March in the year of Two Thousand Eight (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, address and other information) completion.The author may also have revised the text of the original Weld County,Colorado AIA standard form.An Additions and 1111 H Street Deletions Report that notes added Greeley,Colorado 80631 information as well as revisions to the standard form text is available Telephone Number: (970)356-4000 from the author and should be Fax Number: (970)352-9019 reviewed.A vertical line in the left margin of this document indicates and the Contractor: where the author has added necessary information and where (Name, address and other information) the author has added to or deleted from the original AIA text. Roche Constructors,Inc. 361 71st Avenue(80634) This document has important legal Post Office Box 1727(80632) consequences.Consultation with an Greeley,Colorado attorney is encouraged with respect Telephone Number: (970)356-3611 to its completion or modification. Fax Number: (970)356-3619 AIA Document A201-1997,General Conditions of the Contract for The Project is: Construction,is adopted in this (Name and location) document by reference.Do not use with other general conditions unless Weld County SociaLHuman Services Building Preconstruction/Design Services this document is modified. 315 N. llth Avenue Greeley,CO 80631 This document has been approved and endorsed by The Associated General Contractors of America. The Architect is: (Name, address and other information) Hauser Architects,PC 3760 East 15th Street,Suite 103 Loveland,Colorado 80538 Telephone Number: (970)669-8220 The Owner and Contractor agree as follows. Init AIA Document A101'"—1997.Copyright m 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 Ale 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1000331024_1 which expires on 11/18/2008,and is not for resale. Ka User Notes: (376925500) Pk- (i e l-A) a�(gI08°Vela) C,f)9, 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 8. ARTICLE 2 THE WORK OF THIS CONTRACT The contractor shall design and provide preconstruction services for the Weld County Social/Human Services Building. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement 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.) If,prior to the commencement of the Work,the Owner requires time to file mortgages,mechanic's liens and other security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) July 15,2008,for issuance of construction documents for permitting Portion of Work Substantial Completion Date ,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 or for bonus payments for early completion of the Work) 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 One Hundred Eighty-six Thousand Nine Hundred Fifty-two Dollars and Fifty Cents ($ 186,952.50),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 when that amount expires) Init. AIA Document A101 n"-1997.Copyright O 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 AIAT 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1 0 003 31 024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) §4.3 Unit prices,if any,are as follows: Description Units Price($0.00) 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: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the fifth day of a month, the Owner shall make payment to the Contractor not later than the first day of the following month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than Fifteen ( 15 )days after the Architect receives the Application for Payment. §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 indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 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 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 zeropercent 0.00%).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 AIA 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 zero ( 0.00%; .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 A201-1997. §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 Init. AIA Document A101 TM-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 Ale 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1000331024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) (Section 9.8.5 of AIA 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 AIA Document A201-1997. §5.1.8 Reduction or limitation of retainage,if any, shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) §5.1.9 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. §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 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 A201-1997,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. §5.2.2 The 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 may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. §6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 Where reference is made in this Agreement to a provision of AIA 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.) ( )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. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) §7.3 The Owner's representative is: (Name, address and other information) Init. AIA Document A101 TM—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 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1 00 0331 024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) Mr.Pat Persichino 1111 H Street Greeley,Colorado 80631 I ppersichino@co.weld.co.us §7.4 The Contractor's representative is: (Name, address and other information) Mr.Greg Lockwood 1235 W. 124`"Avenue, Suite 100 Westminster,CO 80234 Telephone Number: (303)920-5555 Fax Number: (303)920-5556 §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: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS §8.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: §8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,AIA Document A101-1997. §8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,AIA Document A201-1997. §8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated ,and are as follows Document Title Pages §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: N/A (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: N/A (Table deleted) §8.1.6 The Addenda,if any,are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. §8.1.7 Other documents,if any,forming part of the Contract Documents are as follows: Init. AIA Document A101 TM-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 International Treaties.Unauthorized 5 reproduction or distribution of this Ale 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1000331024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201- 1997 provides that bidding requirements such 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 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) CONTRACTOR(Signature) William H.Jerke,Chair Board of County Thomas J. e,President Commissioners (Printed nomep pp�d{t' (Printed name and title) Date: E itt LUUU I�. �► gate: March 13,2008 1)71"11 `l S ATTEST: nO nl-Tv CLERK TO THE $ ^.o 1931 WELD C"`' 'S C Ucrlji'l C. TY CO E I`•a ER TO n•l�? C:ft. l0rl'L* loft AIA Document A101Ts—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 Ale 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1 0 00331 024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) 27CC3' -CS). Additions and Deletions Report for AIA Document A101TM- 1997 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA 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 AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:33:04 on 03/12/2008. PAGE 1 AGREEMENT made as of the Fourth day of March in the year of Two Thousand Eight Weld County,Colorado 1111 H Street Greeley,Colorado 80631 Telephone Number: (970)356-4000 Fax Number: (970)352-9019 Roche Constructors,Inc. 361 71st Avenue(80634) Post Office Box 1727 (80632) Greeley,Colorado Telephone Number: (970)356-3611 Fax Number: (970)356-3619 Weld County Social/Human Services Building Preconstruction/Design Services 315 N. 11th Avenue Greeley,CO 80631 (Name, address and other information) Hauser Architects,PC 3760 East 15th Street,Suite 103 Loveland,Colorado 80538 Telephone Number: (970)669-8220 PAGE 2 The Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifieally indicated in the Contract Documents to be the responsibility of others.contractor shall design and provide preconstruction services for the Weld County Social/Human Services Building. Additions and Deletions Report for AIA Document A101 TM-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 MA® 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1 0 00331 024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) July 15,2008,for issuance of construction documents for permitting - §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 One Hundred Eighty-six Thousand Nine Hundred Fifty-two Dollars and Fifty Cents ($ 186,952.50),subject to additions and deductions as provided in the Contract Documents. PAGE 3 §5.1.3 Provided that an Application for Payment is received by the Architect not later than the fifth day of a month, the Owner shall make payment to the Contractor not later than the first day of the following month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than Fifteen ( 15 )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 ( zeropercent 0.00%).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 AIA 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 (—)tzero ( 0.00%• PAGE 4 ( )per annum PAGE 5 Mr.Pat Persichino 1111 H Street Greeley.Colorado 80631 ppersichino@co.weld.co.us Mr.Greg Lockwood 1235 W. 124th Avenue,Suite 100 Westminster,CO 80234 Telephone Number:(303)920-5555 Fax Number: (303)920-5556 Title of Specifications exhibit: N/A Seethes Title Rages Additions and Deletions Report for AIA Document A1017°-1997.Copyright m 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 Ale Document is protected by U.S.Copyright Law and 2 International Treaties.Unauthorized 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1 0 00331 024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) Title of Drawings exhibit: N/A Number Title Date PAGE 6 William H.Jerke,Chair Board of County Thomas J.Roche,President Commissioners Date: Date: March 13,2008 Additions and Deletions Report for AIA Document A101 TM-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 AIA software at 15:33:04 on 03/12/2008 under Order No.1000331024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) Certification of Document's Authenticity AIA® Document D401 TM - 2003 I,Thomas I.Roche,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:33:04 on 03/12/2008 under Order No. 1000331024_1 from MA Contract Documents software and that in preparing the attached final document I made no changes to the original text of MA®Document A101TM- 1997-Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM,as published by the MA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document 0401N—2003.Copyright©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING:This AlA" Document ® is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it, 1 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 AIA software at 15:33:04 on 03/12/2008 under Order No.1 00 0331 024_1 which expires on 11/18/2008,and is not for resale. User Notes: (376925500) allRoche Greeley,Colorado Las Vegas, Nevada Westminster,Colorado Constructors, Inc. TRANSMITTAL March 13, 2008 FROM: PROJECT: • • Tom Roche/sib RCI Project No. 0805CO President & CEO Weld County Social/ Human Services Building-- Preconstruction Svcs. 315 N. 11th Avenue Greeley, CO 80631 TO: ORIGINATOR: Mr. William Jerke ROCHE CONSTRUCTORS, INC. Weld County 1 1 1 1 H Street Greeley, CO 80631 TRANSMITTED FOR: ❑ APPROVAL (SUBMITTAL NO. ) ❑ YOUR RECORDS/INFORMATION ❑ CORRECTION/RESUBMISSION (SUBMITTAL NO. ) ® SIGNATURE ❑ APPROVED (SUBMITTAL NO. ) ❑ APPROVAL AND PAYMENT ❑ APPROVED AS NOTED (SUBMITTAL NO. ) ❑ YOUR COST PROPOSAL ❑ OTHER: SENT VIA: ® Regular Mail/ ❑ FedEx /❑ Hand Delivery/O Pick Up/O Other: NO. COPIES ' DRAWING NO. DESCRIPTION 2 AIA A101 - Standard Form of Agreement Between Owner and Contractor Signed by Tom Roche 0 •) 1 r...7 REMARKS: Please review and sign. Return one fully executed contract. Call me if you have any questions. Thank you. cc: Val Hartley, Greg Lockwood I ® Corporate Office: ❑ Regional Office: ❑ Regional Office: ❑ lobsite 361 71st Avenue,80634 Suite 130 Suite 100 P.O.Box 1727,80632 7680 W.Sahara Avenue 1235 W. 124a'Avenue Greeley,CO Las Vegas,NV 89117 Westminster,CO 80234 (970)356-3611 (702)252-3611 (303)920-5555 jonSent Any v1d& 2008-0843 03 I I qQo 12oog Hello