HomeMy WebLinkAbout20063187.tiff #$AIA Document A101' - 1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT made as of the Sixth day of November in the year of 2006
(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 Government AIA standard form.An Additions and
915 10'h Street Deletions Report that notes added
PO Box 758 information as well as revisions to
Greeley,CO 80632 the standard form text is available
from the author and should be
and the Contractor: reviewed.A vertical line in the left
(Name,address and other information) margin of this document indicates
where the author has added
Sun Construction&Design Services,Inc. necessary information and where
1232 Boston Avenue the author has added to or deleted
Longmont,CO 80501 from the original AIA text.
This document has important legal
consequences. Consultation with an
The Project is: attorney is encouraged with respect
(Name and location) to its completion or modification.
AIA Document A201-1997,General
SE Weld County Services Center Phase H Conditions of the Contract for
Construction,is adopted in this
The Architect is: document by reference.Do not use
with other general conditions unless
(Name,address and other information) this document is modified.
Bley Associates,Architects This document has been approved
5312 W.9th St Drive Suite 150 and endorsed by The Associated
Greeley,CO 80634 General Contractors of America.
The Owner and Contractor agree as follows.
AIA Document A101" —1997.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U S.Copyright Law and International Treaties. '
Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,niay 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 16:09:09 on 11/09/2006 under Order
No.1000222309_I which expires on 2/14/2007,and is not for resale.
User Notes:
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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,except to the extent specifically
indicated in 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 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.)
Date of Commencement:November 6,2006.Date of Substantial Completion: 181 Calendar Days after
Commencement Date.
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)
Portion of Work Substantial Completion Date
Beneficial Occupancy
,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 Million One Hundred Fourteen Thousand Two Hundred Eighty and
00/100 ($ 1,114,280.00 ),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 arcrpted 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)
AlA Document A101m-1997.Coprright 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 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. 2
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 MA software at 16:09:09 on 11/09/2006 under Order
No.1000222309_1 which expires on 2/14/2007,and is not for resale.
User Notes: (2508986121)
§4.3 Unit prices,if any,are as follows:
Description Units Price($0.00)
N/A
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 First day of a
month,the Owner shall make payment to the Contractor not later than the Fifteenth day of the same 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 ten percent ( 10%
).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 ten percent ( 10% );
.3 Subtract the aggregate of previous payments made by the Owner;and
.4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of 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:
AIA Document A101'"—1997.Copyright 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 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. .3
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 16:09:09 on 11/09)2006 under Order
No.1000222309_1 which expires on 2)14/2007,and is not for resale.
User Notes: (2508986121)
.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 AlA Document A201-1997 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety, if any.)
.2 Add,if final completion of the Work is thereafter materially delayed through no fault of the
Contractor,any additional amounts payable in accordance with Section 9.10.3 of 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.)
Reduction to Five Percent(5%)upon completion of 50%of project.
§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 MA Document A201-1997.
ARTICLE 7 MISCELLANEOUS PROVISIONS
§7.1 Where reference is made in this Agreement to a provision of MA 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.)
MA Document A181Th—1997.Copyright 01915.1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING:This ANA` Document is protected by U.S.Copyright Law and International Treaties. 4
Unauthorized reproduction or distribution of this ANA' Document or any portion of it,may result in severe civil and criminal penalties.and will be
prosecuted to the maxmmrn extent possible under the law. This document was produced by AlA software at 16:09O9 on 11/09/2006 under Order
No.1000222309_1 which expires on 2/14/2007,and is not lot resale.
User Notes: (2509986121)
§7.3 The Owner's representative is:
(Name,address and other information)
Pat Persichino
915 101°Street
PO Box 758
Greeley,CO 80632
970-356-4000 ext 4234
§7.4 The Contractor's representative is:
(Name,address and other information)
David Bode
1232 Boston Avenue
Longmont,CO 80501
970-667-0452
§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:
None.
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,ALA 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
August 2006 ,and are as follows and are secondary to Articles 8.1.1 and 8.1.2:
Document Title Pages
AIA A201 1987 Edition Section General Conditions of the 1-24,01010: 1 &2.
01010 Contract for Construction
Summary of Work
§8.1.4 Divisions 1,2,3,4,5,6,7,8,9, 10, 11, 12, 15,and 16 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:
(Rows deleted)
§8.1.5 The Drawings are as follows,and are dated October 12,2006 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:SE Weld Phase 2 pages:T1.0,A0.1,AI.0,ALI,A1.2,A2.0,A3.0,A4.0,A5.0,A6.0,
M1.0,M2.0,M3.0,P1,0,P2.0,FP1.0,E-0,E-1,E-2(Revised 10/17/06),E-3,E-4,EM-1,EP-1(dated 920/06),FA-
1,EC-1 (Revised 10/17/06)all dated October 12,2006 unless otherwise stated.SI.0,S2.0,S2.I,53.0,S3.1,53.2
dated 9/20/06.Final Site Plan Submittal Cover,C2,C3,C4 dated 9/19/06.
AIA Document A101m—1997.Copyright 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American
Institute of Architects. An rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties. 5
Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civd and criminal penalties,and will be
prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:0999 on 11/09/2006 under Order
No.1009222309_1 Mich expires on 2/14/2107,and is not for resale.
User Notes:
(2506986121)
(Rows deleted)
§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.
§8.11 Other documents,if any,forming part of the Contract Documents are as follows:
(List here any additional documents that are intended to form part of the Contract Documents.AlA Document 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.)
Geotechnical Engineering Report Dated August 9,2006.
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 o e is to be delivered to the Contractor,one to the Architect for use in the administration of the
Contract,and remainder to the Owner.
0
ignature) CON (Signature)
Weld County Government NOV L jr Sun Construction&Design Services,Inc.
Mike Geile, David Bode,
Chair Board of County Commissioner Project Manager
(Printed name and title) (Printed name and title)
ATTESTING TO BOARD OF COUNTY.
COMMISSIONER SIGNATURES ONLY
ATTEST: 1,1/1114/1 / f :v� I�I�,f `.`
WEL OUN//TY CLERK TO THE BOAR
�'
BY: / all, l t rj 1 L il(, 861ii'i_ 1
DEPU CLER 0 T BOARD
ttd N
AlA Document A101Th-1997.Copyright 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991 and 1997 by The American
InsliMe of Architects. AU rights reserved. WARNING:This Alit' Document is protected by U.S.Copyright Law and International Treaties. 6
Unauthorized reproduction or distribution of this AIA` Document,or any portion of it,may result in severe civil and criminal penalties.and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 16:0909 on 11/0912006 underader
No.1000222309_1 which expires on 2/14/2007,and is not for resale.
User Notes: (2508986121)
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