HomeMy WebLinkAbout20041536.tiff *AIA
Document A101"1 - 1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT made as of the third day of ` may
t;the year of. Two Thousand and Four
(let words, indicate day;•month and year)
BETWEENthe`0wner
T(Name address and other information) legal a document has important
*- consequences.
Weld;County Government Consultation with an attorney
315" :1 0th" Street is encouraged with respect to
Gr ee ley, CO 80631 its completion or modification.
AIA Document A201-1997,
General Conditions of the
Contract for Construction,is
adopted in this document by
and the Cgntractor' reference.Do not use with other
'(Name,:address and other*formation) general conditions unless this
document is modified.
`,LVI-,,Environmental: Services, Inc. Thisdoct-enthasbeen
26'3'0 West- 2nd',,Avenue s approved and endorsed by The
Denver, CO`' , 8021 9 Associated General Contractors• .;� .� ,. . :1 ( y=: ' of America.
The Project is:
(Name and location)
Weld County Garage Asbetos/Regulated Materials Abatement
810 10th Street
Greeley, CO 80631
The -Owner's Representative is:
G ante r r rjoicipther information)
RLH Engineering, Inc.
541 East Garden Drive, Unit S
Wi;ndssor, CO 80550'
The Owner and Contractor agree as follows.
2004-1536
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 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,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
report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org.
,c;_19 -oy Ftt_ /'te9004s,
ARTICLE 9 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
xContnct;as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement
, ,�n the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.An
,114L---M enumeration of the Contract Documents,other than Modifications,appears in Article 8.
-" " tx' C E 2 THE WORK OF THIS CONTRACT
ontractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated
µ tfrrt-
,t z„inithe Contract Documents to be the responsibility of others.
ARTICLE 3 xD&�A��TE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§• 3.1 The t ate of commencement of the Work shall be the date of this Agreement unless a different date is stated below or
n- • }visioni ''' a fa' Fs'eatate to be fixed in a notice to proceed issued by the Owner.
xz i ert thdx of .4, e,nent if it differs from the date of this Agreement or, if applicable, state that the date will be
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▪ F"" to nt the Work,the Owner requires time to file mortgages,mechanic's liens and other security
t* st . * e reqdirement shall be as follows:
}.�i� ' yA t '�f,„,a4..-7-
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atilt ala tag t 14 , s s
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so re£ ., {i s #4i , i
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• }i* be measured from the date of commencement.
ci
' . a 't C ill Substantial Completion of the entire Work not later than nineteen days
t �, m aefr . ,,
the date° merit,or afoLlows:
f ,
(Insert number ofe r days.Wittiatively, a calendar date may be used when coordinated with the date of
commencement. Unless stated itseivhere in the Contract Documents, insert any requirements for earlier Substantial
Completion of '„ertine's bf e`Work)
,subject to adjustmentsadjustmiritcbfAtiContract Time as provided in the Contract Documents.
(Insert provisions, if any,for damages relating to failure to complete on time or for bonus payments for early
completionTAt*Fork.) ;,,,.
L . Eed damages of $1 ,000 per calendar day for late completion
as'-identified in the Specification of Asbestos/Regulated Materials
Abatement Section 01013-6, General Conditions of the Contract for
Construction, and Supplementary General Conditions 8. 2. 1 .
4,CONTRACT SUM
• 4 Thetittershall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.
TheContractSumshallbeeighty—six thousand five hundred and 00/100 Dollars
($ 86, 500. 00 ),subject to additions and deductions as provided in the Contract Documents.
AIA Document A101Ta-1997.Copyright O1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The
American Institute of Architects.All rights reserved.WARNING:This AIAA Document is protected by U.G.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 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@iaia.org.
I.
§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
} - hand the date when that amount expires)
s',.. #3� 7 NA
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'144-3 Unit prices. ,ate as follows:
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.,2,2:144241 424.2" ;:2' 4'2‘21',4,24." 'a
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Tcations for Payment submitted to the Architect by the Contractor and Certificates for Payment
issued by the Ar� 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:
i 5.1.3 Provided that an Application for Payment is received by the Architect not later than the fifteenth
"day of a month,the Owner shall make payment to the Contractor not later than the fifteenth day of
the fol ngm0nth:if no n Application for Payment is received by the Architect after the application date fixed above,
payment shallshqllke made ty 4 Owt er not later than forty—five ( 45 )days after the Architect
'receives ' cation for Payment.
Y.''§�.1.4 Each Applicatiox for Payment shall be based on the most recent schedule of values submitted by the Contractor in
accordance wi . ' ii tract 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
<r. • accuracy Architect may require: This schedule,unless objected to by the Architect,shall be used as a basis for
t°sf re Contractor's Applications for Payment.
5
.,, 1 ` �₹. . is .,,,. ns for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the
`-period coveied-by the Application for Payment.
AIA Document A101 1A—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 AlAe Document is protected by US.Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe 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.
I
§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
.4 of the Work in the schedule of values,less retainage of ten percent( 1 0 %).
r "' 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;
`f,4. t ;-==; .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 1 0 );
,' kx btr te-aggregate of previous payments made by the Owner;and
tiri*VI; Su iitounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as
:44,4
5 r" pr tvt din Section 9.5 of MA Document A201-1997.
T , fit ;=1;13,1=1== ) 4 2 '{'{,=-;:,====.4d G4 _r 'm'
31•. * gt yt amount determined in accordance with Section 5.1.6 shall be further modified under the
,.vex % o : rt+@.
„yr,.s x+ .w,< p
4-7,,),442 'A :te yp°3Kp'Y XP
&a aka 1 'r"7*,substantial Completion of the Work,a sum sufficient to increase the total payments to the full
*' amount oftteContract Sum,less such amounts as the Architect shall determine for incomplete Work,
a ;k "� Ir retainage's tl le to such work and unsettled claims; and
,, 911,5 AIA Document A201-1997 requires release of applicable retainage upon Substantial
fa," z le Work with consent of surety, if any.)
completion of the Work is thereafter materially delayed through no fault of the Contractor,any
5 xtir `xR * ° al " payable in accordance with Section 9.10.3 of MA Document A201-1997.
,Tsiasx+1« 2,„:„.".2-1.2-1c;1„�., . 5}^�*R,t9r,.n ....
2=4:1,=1";„;=1"-=„„_„1'.
. is•n of retainage,if any, shall be as follows:
' ' £ io` en
Completion of the entire Work, to reduce or limit the retainage resulting from the
s i d ,*aims tins 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents,
'21nSecitire iffitAiisiontior4itch re limitation.)
duetn:ar‘4.16Y-x
2� `a4 p'- yaR '4 itJxx 1 a, rail 'x.. '.,
47,1A1.144 with thiCiwii41"iiiSipproval,the Contractor shall not make advance payments to suppliers for materials or
- equipment which have not,been delivered and stored at the site.
.,t l° ' ,• 1 a.
§ ,FINAL1 AYM „1 ilt,:Tit
§ Fora ent,c onstlatt;ing'the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contras '
'I}szrt, tractor has fully performed the Contract except for the Contractors responsibility to correct Work as
, k in Section 12.2.2 of AIA Document A201-1997,and to satisfy other requirements,if any,which
extend beyond final payment-,and
hk
y.3f. f'*r 4,14 L
z,a sa',rsotinal Certificate for Payment has been issued by the Architect.
,r l' '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:
AIA Document A101"-1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The
American Institute of Amhhects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and Intentstlonei Treaties.
Unauthorized reproduction or distribution of this Alt Document,or any portion of it,may result in severe dv0 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@alaorg.
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.
§~6.2The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997.
ti}✓F h A.`Fac
t.'“I.ARIfet.E1 MISCELLANEOUS PROVISIONS
§7,1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document,
tie 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
to 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 lawsatui requtrementsunder the Federal Truth in Lending Act, similar state and local consumer credit laws and
other regulations"atthe 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.)
. 4144-
• .. 't i
(N 8 reve
ame,addressof f and ormation)
^'s
;(, RUT Engineering, Inc.
Mr Richard Huwa
t is * Ga en Drive, Unit S
rFs
Y- s : ,r x tige,, -
§7.4 The Contractor's representativeyis:•
?;(Name,address and other informatio ) ..'
1,
LVI' Environmental Services, Inc.
Mr. Michael Marcheschi
2630 West 2 nct.A.Venue
Denver, CO
ct'x,
4.. F
1' `§7 5 Neitherxt e Owner's nor the Contractor's representative shall be changed without ten days written notice to the other
qty d r Y
`§7.6 Other provisions:
*t.� x zvtx 3
AIA Document A101'er—1997.Copyright ®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The
American Institute of Architects.AN rights reserved.WARNING:This AlA'Document is protected by U.S.Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil end 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,copyrigM@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:
ILIA The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor,
nt A101-1997.
;:;;42:.---...4-40"/ 4'k 'The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction AlA
ytDoeutuent A201-1997.
: .3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
April 2004
"4444144-is 4. are as follows •
1
. r*b merit 'nsA Title
Pages
04,191-.4
* dFpplel ntary Conditions Section 0800 pages 1 -8
14"l ) 7`,,,,,t7.42
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3 •••• ere tftose contained in the Project Manual dated as in Section 8.1.3,and are as follows:
Specifications her a or refer to an exhibit attached to this Agreement.)
Sx
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1.5 T'he Drawing$ s full ire dated unless a different date is shown below:
3 r h Dra gs here o ner to an exhibit attached to this Agreement.)
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,��� tf Title
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Date
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Cover Sh et April 2004
''' . Removal April 2004
14i tT ee• "₹" Regti . ed Materials Removal April 2004
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1 1.8 'Many,are as follows:
`)`0" t Date.41 .. amber a :e: Pages
W.q Ae# n3.`
4Yt t,,, April 16, 2004 1 -6
,tf Apr I il 1 9 2004 1 -3,kraal/1x i >P Y*Sro-
°h 'da r"tu vr3ur yy Hyyy�.�y'.' -
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.
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 AlAe Document is protected by U.S.Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe 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,copyrigm@aia.org.
•
§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.MA 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
' \-- ' -440/tV intended to be pan of the Contract Documents.)
t u, + a t,„;a4
rskt' .Fy^ `+.ax
rApril 27, 2004 Correspondence from LVI
-RE cost schedule for asbestos and regulated materials removal.
':Basis for reduction in proposal value to arrive at current contract
sum. p
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'ki$ds A*ie It sent 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
remain o the Ownert i -`
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OWNER ignature) e, CON T CTO gr turel
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` i ' MICHAEL MARCHESCHI, PRESIDENT
� � '' fit l�dip
LVI ENVIRONMENTAL SERVICES, INC.
(Printed'name and tit e) t A zi 9
2004 (Printed name and title)
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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 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.A9 rights reserved.WARNING:This AIAe 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 dvil 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.
EXHIBIT `A'
TABLE OF CONTENTS
Invitation to Bid 1_6
Instructions to Bidders 1-8
Form of Proposal 1-2
Bid Bond 1
Owner/Contractor Agreement 1-7
Performance Bond 1-3
Payment Bond 4-6
General Conditions 1-44
00800 Supplementary Conditions 1-8
01013 Summary of Work 1-10
01043 Project Coordination 11-14
01091 Definitions and Standards 15-21
01092 Codes, Regulations, and Standards 22-27
01110 Method of Procedure 28-30
01410 Air Monitoring - Test Laboratory Services 31-36
01503 Temporary Facilities 37-39
01513 Temporary Pressure Differential & Air
Circulation System 40-46
01526 Temporary Enclosures 47-55
01560 Worker Protection 56-60
01562 Respiratory Protection 61-65
01563 Decontamination Units 66-74
01711 Project Decontamination 75-81
01714 Work Area Clearance 82-86
02062 Non-Asbestos Demolition 87-93
02081 Removal of Asbestos-Containing Materials 94-101
02083 Direct Waste Load Out of Asbestos-Containment Waste
Materials 102-106
02084 Disposal of Asbestos-Containing Waste Materials 107-108
09805 Encapsulation of Abated Surfaces 109-110
Fluid Containers Inventory
Request For Instructions (RFI) Form
LVI Environmental Services Inc.
";
2630 West 2"d Avenue
' �j��° Denver, CO 80219
Phone (303) 727-9205
Fax (303)727-9210
www.lviservices.com
denver@lviservices.com
April 27, 2004
Mr. Richard L. Huwa
RLH Engineering, Inc.
541 Est Garden Drive, Unit S
Windsor, Colorado 80550
Re: Weld County Garage Asbestos and Regulated Materials Abatement
RIM Engineering Project Number 4012
LVI Bid Number AB04-105
Dear Mr. Huwa:
In response to your letter regarding the breakdown between the Regulated Material removal and the
Asbestos Abatement, we offer the following:
1. Chemical removal and disposal: $2,500.00
2. Costs for pumping and disposal of sumps: $4,100.00
3. All other regulated materials abatement: $10,500.00
4. Asbestos Abatement: $71,900.00
Total Contract: $89,000.00
If requested, LVI will accept the asbestos abatement portion as a stand-alone contract. However, we
would not accept the Regulated Materials as a stand-alone contract, nor can we guarantee that the
County can complete this scope of work for the same price.
If you have any questions or require any additional information, please do not hesitate to contact me.
Respectfully,
LVI Environmental Services, Inc.
Michael Marcheschi, President
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