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Home My WebLink About20072459.tiff AIT A Document AI0ITM - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Twentieth day of July in the year of 2006 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) This document has important Weld County legal consequences. Post Office Box 758 Consultation with an attorney Greeley,CO 80632 is encouraged with respect to 970-356-400 EXT 1x3768 its completion or modification. 970-352-9019 FAX AIA Document A201-1997, General Conditions of the Contract for Construction,is adopted in this document by and the Contractor: reference. Do not use with other (Name, address and other information) general conditions unless this document is modified. Sierra Detention Systems This document has been 15850 W 6th Ave Golden,CO 80401 approved and endorsed by The Associated General Contractors 303-278-6879 of America. 303-278-6921 FAX The Project is: (Name and location) Video Court Arraignment System The Architect is: (Name, address and other information) Sierra Detention Systems 15850 W 6t°Ave Golden,CO 80401 303-278-6879 303-278-6921 FAX The Owner and Contractor agree as follows. fi ,41 / Dj/ A_7. AIA Document A101TM-1997.Copyright ©1915,1918,1925,1937,1951,19558, 1961 4963,1967,1974,1977,1980,1987,1991 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 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be 1 prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To /r o ,CO' report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. L &Y- ern 6;7 7 �� _o . dc07 07 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 fully execute the Work described in the Contract Documents, xc1 t the extent specifically 1. indicated in the Contract Documents to be the responsibility of others. � t acc en 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 isecurity 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 180 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) ,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 fu dSS ff r the Contractor's performance of the Contract.The Contract Sum shall be One Hundred Forty Thousand and 00/100 Dollars ($ ($140,000.00) ),subject to additions and deductions as provided in the Contract Documents. AIA Document A101TM-1997.Copyright m 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 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 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be 2 prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §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) §4.3 Unit prices,if any,are as follows: 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 15th day of a month, the Owner shall make payment to the Contractor not later than the 1.55m 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 Thirty ( 30 )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. AIA Document A101 TM-1997.Copyright ©1915,1918,1925,1937,19®1,1958,1961, 1963,1967,1974,1977,1980,1987,1991 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 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be 3 prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §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 Five percent e %).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 MA 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 Five percent ( 5 %); 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 MA 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 (Section 9.8.5 of AM 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 MA 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 MA 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 MA Document A201-1997. §6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-]997. AIA Document A101^r-1997.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AleDocument,or any portion of it,may result in severe civil and criminal penalties,and will be 4 prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 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.) (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) Pot itir;,,hu,,, Rao ?erti;chlno Post Office Box 758 Greeley,CO 80632 970-356-4000 EXT Ix 3768 970-352-9019 FAX • §7.4 The Contractor's representative is: (Name, address and other information) Keith Thoene Vice President Sierra Detention Systems 15850 W 6th Ave Golden,CO 80401 303-278-6879 • 303-278-6921 §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: AIA Document ANN TM-1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 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 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be 5 prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 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,MA Document A101-1997. §8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,MA 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 Specifi6ations are se 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) Section Title Pages N/A Viz • §8.1.5 The Drawings alte 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.) Number Title Date N/A AIA Document A101 TM-1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 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 reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be 6 prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aiaorg. §8.1.6 The Addenda,if any, are as follows: Number Date Pages N/A 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: (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.) N/A This Agreement is entered into as of the day and year first written above and is executed in at least three original copies,of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract, and the remainder to the Owner. ( ......s tkc e: oti OWNER(Signature) %signature) �a� � � .1 C1a go , in /b /% (Printed name and title (Printed name and title) CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document A101TM—1997.Copyright ©1915,1918,1925, 1937,1951, 1958, 1961,1963,1967,1974,1977, 1980,1987,1991 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 reproduction or distribution of this AIAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be 7 prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. / yv SIERRA.. IUN s', s I I vvs Total Scrawny Solutions Attachment 1 The contractor shall provide and install all hardware and software necessary for a complete and functional Court Arraignment System. The system shall consist of four(4) stations in the Weld County Jail and two (2) stations in the Weld County Courthouse. The owner will determine and advise contractor on the quantity of the above stations to be provided in a mobile configuration. The system shall utilize the existing facility network infrastructure. 15850 West 6th Avenue Golden,Colorado 80401 I Phone:(303)278-6879 I Fax:(303)278-6921 I www.sierradetentionsystems.com AIA Document A1 01T — 1997 Instructions Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM GENERAL INFORMATION Purpose.AIA Document A101-1997 is intended for use on construction projects where the basis of payment is a stipulated sum(fixed price).It is suitable for any arrangement between the Owner and Contractor where the cost has been set in advance, either by bidding or by negotiation. Related Documents.This document has been prepared for use in conjunction with AIA Document A201TA1-1997,General Conditions of the Contract for Construction,which is adopted into A101-1997 by a specific reference.This integrated set of documents is suitable for most projects;however,for projects of limited scope,use of MA Document A1071rm-1997 may be considered. The A101-1997 document is used as one part of the Contract Documents that memorialize the Contract for Construction between the Owner and the Contractor.The other Contract Documents are: General Conditions(ie.,A201-1997) Supplementary Conditions Drawings Specifications • Modifications Although the MA does not produce standard documents for Supplementary Conditions,Drawings or Specifications,a variety of model and guide documents are available,including AIA's MASTERSPEC and MA Document A511111,Guide for Supplementary Conditions. MA Document A101-1997 is published in conjunction with the following related documents: A201T"-1997,General Conditions of the Contract for Construction A401T"1-1997,Standard Form of Agreement Between Contractor and Subcontractor A511,Guide for Supplementary Conditions A701T"x-1997,Instructions to Bidders B141T"+-1997,Standard Form of, gteement Between Owner and Architect B 151T"t-1997,Abbreviated StandaulForm of Agreement Between Owner and Architect • C141TM-1997,Standard Form pt Agreement Between Architect and Consultant C142Tm-1997,Abbreviated Standard Form of Agreement Between Architect and Consultant Dispute Resolution—Mediation.andArbitration.Through its adoption by reference of AIA Document A201-1997,this document contains provisions for mediation and arbitration of claims and disputes.Mediation is a non-binding process,but is mandatory under the terms of this`agttoinent.Arbitration is mandatory under the terms of this agreement and binding in most states and under the Federal Arbitration Act. In a minority of states,arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises.Even in those states,under certain circumstances(for example,in a transaction involving interstate commerce),arbitration provisions may be enforceable under the Federal Arbitration Act. The MA does not administer dispute resolution processes.To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules,call the American Arbitration Association at(800)778-7879,or visit their Web site at www.adr.org. Why Use AIA Contract Documents.MA Contract Documents are the product of a consensus-building process aimed at balancing the interests of all parties on the construction project.The documents reflect actual industry practices,not theory. They are state-of-the-art legal documents,regularly revised to keep up with changes in law and the industry—yet they are written,as far as possible,in everyday language.Finally,MA contract documents are flexible:they are intended to be modified to fit individual projects,but in such a way that modifications are easily distinguished from the original,printed language. Use of Non-AIA Forms.If a combination of MA documents and non-MA documents is to be used,particular care must be taken to achieve consistency of language and intent among documents. AIA Document A101^r—1997.Copyright®1915,1918,1925,1937,1951 1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document Is protected by U.S.Copyright Law and Interne- - --"-- Unauthorized reproduction or distribution of this Alt Document,or any portion of it,may result In severe civil and criminal pena prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document whf 2007-2459 report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. Letter Forms of Agreement.Letter forms of agreement are generally discouraged by the MA, as is the performance of a part or the whole of the Work on the basis of oral agreements or understandings.The standard AIA agreement forms have been developed through more than 100 years of experience and have been tested repeatedly in the courts. In addition,the standard forms have been carefully coordinated with other MA documents. Standard Forms.Most AIA documents published since 1906 have contained in their titles the words "Standard Form." The term"standard" is not meant to imply that a uniform set of contractual requirements is mandatory for AIA members or others in the construction industry.Rather,the AIA standard documents are intended to be used as fair and balanced baselines from which the parties can negotiate their bargains.As such,the documents have won general acceptance within the construction industry and have been uniformly interpreted by the courts.Within an industry spanning 50 states—each free to adopt different,and perhaps contradictory, laws affecting that industry—MA documents form the basis for a generally consistent body of construction law. Use of Current Documents.Prior to using any MA document, the user should consult an AIA component chapter or a current MA Documents Price List to determine the current edition of each document. Reproductions.This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the MA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. This document is intended for use as a consumable-that is,the original document purchased is to be consumed in the course of its use.This document may not be reproduced for Project Manuals.If a user wishes to include a sample or samples of this document in a Project Manual,the normal practice is to purchase a quantity of the preprinted forms,binding one in each of the manuals. The MA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed A101-1997,but only for use in connection with a particular project.The MA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the MA. Rights to reproduce the document may vary for users of MA software.Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of MA Contract Documents,e-mail The American Institute of Architects'legal counsel, copyright@aia.org. CHANGES FROM THE PREVIOUS EDITION A101-1997 revises the 1987 edition of A101 to reflect changes made in MA Document A201-1997.It incorporates alterations proposed by architects,contractors,owners and professional consultants.The following are some of the significant changes made to the contents from the 1987 edition of A101: Throughout: References in A101-1997 to the General Conditions refer specifically to A201-1997. Article 2:The blank for exceptions to the Contractor's scope of Work has been eliminated. Article 3:New emphasis is placed on the need to coordinate the date of commencement with the date of Substantial Completion.Space is also provided for bonus payments for early completion. Article 5: Both progress payments and final payment are now covered in this article,entitled Payments. Payment of amounts not in dispute under Construction Change Directives is mandatory,as is release of retainage on completed Work at Substantial Completion. Advance payment to suppliers for materials and equipment not yet stored at the site is only permitted with the Owner's approval. Article 6: Space is provided for identification of the Owner's and Contractor's representatives.Ten days' notice is required before a representative is changed. USING THE A101-1997 FORM Notices.Prospective bidders should be informed of any additional provisions which may be included in A101-1997, such as for liquidated damages or for stored materials,by an appropriate notice in the Bidding Documents and the provisions for Supplementary Conditions. Modifications.Particularly with respect to professional or contractor licensing laws,building codes,taxes,monetary and interest charges,arbitration,indemnification,format and font size,MA Contract Documents may require modification to comply with state or local laws.Users are encouraged to consult an attorney before completing or modifying a document. AIA Document A101"'—1997.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The 2 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 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.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. In a purchased paper AIA Contract Document,necessary modifications may be accomplished by writing or typing the appropriate terms in the blank spaces provided on the document,or by attaching Supplementary Conditions,special conditions or referenced amendments. Modifications directly to purchased paper MA Contract Documents may also be achieved by striking out language. However, care must be taken in making these kinds of deletions. Under NO circumstances should standard language be struck out to render it illegible. For example,users should not apply blocking tape,correction fluid or Xs that would completely obscure text. Such practices may raise suspicion of fraudulent concealment, or suggest that the completed and signed document has been tampered with.Both parties should initial handwritten changes. Using AIA software,modifications to insert information and revise the standard MA text may be made as the software permits. By reviewing properly made modifications to a standard AIA Contract Document,parties familiar with that document can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and expedited,good faith dealing is encouraged,and otherwise latent clauses are exposed for scrutiny. MA Contract Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors and cloud legal interpretation given to a standard clause. Furthermore,retyping and electronic scanning are not permitted under the user's limited license for use of the document, constitute the creation of a derivative work and violate the AIA's copyright. Cover Page Date:The date represents the date the Agreement becomes effective.It may be the date an original oral agreement was reached, the date the Agreement was originally submitted to the Owner, the date authorizing action was taken or the date of actual execution.It will be the date from which the Contract Time is measured unless a different date is inserted under Section 3.1. Parties:Parties to the Agreement should be identified using the full address and legal name under which this Agreement is to be executed,including a designation of the legal status of both parties (sole proprietorship,partnership,joint venture, unincorporated association,limited partnership or corporation [general,limited liability, closed or professional],etc.). Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Other information may be added,such as telephone numbers and electronic addresses. Project:The proposed Project should be described in sufficient detail to identify: (1)the official name or title of the facility; (2)the location of the site;(3)the proposed building usage; and(4)the size,capacity or scope of the Project. Architect:As in the other Contract Documents,the Architect's full legal or corporate title should be used. Article 2 The Work of This Contract.If portions of the Work are to be performed by persons or entities other than the Contractor,these should be indicated in the Supplementary Conditions. Article 3 Date of Commencement and Substantial Completion.The following items should be included as appropriate: §3.1 The date of commencement of the Work should be inserted if it is different from the date of the Agreement. It should not be earlier than the date of execution(signing)of the Agreement. After the first sentence,enter either the specific date of commencement of the Work,or if a notice to proceed is to be used,enter the sentence, "The date of commencement shall be stipulated by the notice to proceed."When time of performance is to be strictly enforced, the statement of starting time should be carefully weighed. §3.3 The time within which Substantial Completion of the Work is to be achieved may be expressed as a number of days (preferably calendar days)or as a specified date. If a specified date is used and the date of commencement is to be given in a notice to proceed,these dates must be carefully coordinated to allow sufficient time for completion of the Work. Any requirements for earlier Substantial Completion of portions of the Work should be entered here if not specified elsewhere in the Contract Documents. Optionally,insert any provisions for liquidated damages relating to failure to complete on time,or for bonus payments for early completion. Liquidated damages are not a penalty to be inflicted on the Contractor,but must bear an actual and reasonably estimable relationship to the Owner's loss if construction is not completed on time.There is little or no legal precedent to support the proposition of linking a bonus with a penalty. If liquidated damages are to be assessed because delayed construction will result in actual loss to the Owner,the amount of damages due for each day lost should be entered in the Supplementary Conditions or the Agreement.Factors such as confidentiality or the need to inform subcontractors about the amount of liquidated damages will help determine the placement of such language. If provision for liquidated damages is included,it should be carefully drafted by the Owner's attorney. Such a provision may be based on the following sample language: "The Contractor and the Contractor's surety,if any, shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: Dollars($ )." For further information on liquidated damages,penalties and bonus provisions,see AIA Document A511,Guide for Supplementary Conditions. Article 4 Contract Sum §4.1 Enter the Contract Sum payable to the Contractor. AIA Document A101^r—1997.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright law and International Treaties. 3 Unauthorized reproduction or distribution of this AlAe 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.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. • §4.2 Identify any alternates described in the Contract Documents and accepted by the Owner.If decisions on alternates are to be made subsequent to execution of A101-1997,attach a schedule showing the amount of each alternate and the date it expires. §4.3 Enter any unit prices,cash allowances or cash contingency allowances.If unit prices are not covered in greater detail elsewhere in the Contract Documents,the following provision for unit prices is suggested: "The unit prices listed below shall determine the value of extra Work or changes in the Work,as applicable.They shall be considered complete and shall include all material and equipment,labor,installation costs,overhead and profit.Unit prices shall be used uniformly for additions or deductions." Specific allowances for overhead and profit on Change Orders may be included under this section to forestall disputes over future Change Order costs. Article 5 Payments §5.1.2 Insert the time period covered by each Application for Payment if it differs from the one given. §5.1.3 Insert the time schedule for presenting Applications for Payment,and indicate due dates for making progress payments. The last day upon which Work may be included in an Application should normally be no less than 14 days prior to the payment date,in consideration of the 7 days required for the Architect's evaluation of an Application and issuance of a Certificate for Payment and the time subsequently accorded the Owner to make Payment in Article 9 of A201.The Contractor may prefer a few additional days to prepare the Application.Due dates for payment should be acceptable to both the Owner and Contractor. They should allow sufficient time for the Contractor to prepare an Application for Payment,for the Architect to certify payment,and for the Owner to make payment.They should also be in accordance with time limits established by this Article and Article 9 of A201-1997. §5.1.6.1 Indicate the percent retainage,if any,to be withheld when computing the amounrof each progress payment.The Owner frequently pays the Contractor the bulk of the earned sum when payments fall due,retaining a percentage to ensure faithful performance.These percentages may vary with circumstances and localities.The AlYt endorses the practice of reducing retainage as rapidly as possible,consistent with the continued protection of all aftseeted parties.See AIA Document A511,Guide for Supplementary Conditions,for a complete discussion. §5.1.6.2 Insert any additional retainage to be withheld from that portion of the Contract Sum allocable to materials and equipment stored at the site.Payment for materials stored off the site should be provided form a specific agreement and enumerated in Section 7.6.Provisions regarding transportation to the site and insurance protecting the Owner's interests should be included. §5.1.8 Describe any arrangements to reduce or limit retainages indicated in Sections 5.1.6.1 and 5.1.6.Z if not explained elsewhere in the Contract Documents. A provision for reducing retainage should provide that the reduction will be made only if the Architect judges that the Work is progressing satisfactorily.If the Contractor has furnished a bond,demonstration of the surety's consent to reduction in or partial release of retainage must be provided beforest ch reduction is effected. Use of MA Document G707AT"'is recommended. §5.2.2 Insert the date by which Owner shall make final payment,if it differs from the one stated.When final payment is requested,the Architect should ascertain that all claims have been settled or should define those which remain unsettled.The Architect should obtain the Contractors certification required by Article 9 of A201-1997 and must determine that,to the best of the Architect's knowledge and belief and according to the Architect's final inspection,the'requirements of the Contract have been fulfilled. Article 7 Miscellaneous Provisions §7.2 Enter any agreed-upon interest rate for overdue payments. §7.3 Identify the Owner's representative and indicate how that person may be contacted. §7.4 Identify the Contractor's representative and indicate how that person may be contacted. §7.6 Insert other provisions here. Article 8 Enumeration of Contract Documents A detailed enumeration of all Contract Documents must be made in this article. EXECUTION OF THE AGREEMENT The Agreement should be executed in not less than triplicate by the Owner and the Contractor.The persons executing the Agreement should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the authority under which they are executing the Agreement.Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. • AIA Document A701 Tr'—1997.Copyright C 1915,1918,1925,1937,1951 1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The 4 American Institute of Architects.All rights reserved.WARNING:This AIAd Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. Hello