HomeMy WebLinkAbout20000322.tiff THE AMERICAN INSTITUTE OF ARCHITECTS
NA Document A107
ABBREVIATED FORM OF AGREEMENT BETWEEN
OWNER AND CONTRACTOR
For CONSTRUCTION PROJECTS OF LIMITED SCOPE where
the Basis of Payment is a STIPULATED SUM
1978 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
This document includes abbreviated General Conditions and should not be used with other General Conditions. It has been
approved and endorsed by The Associated General Contractors of America.
AGREEMENT
Made as of the 20th day of January in the year of Two Thousand and 00.
BETVVEEN the Owner: Weld County Department Of Purchasing
915 10' Street I
Greeley, CO 80631
and the Contractor: Growling Bear Co. Inc. _
2330 4th Ave
Greeley,CO 80631
CD
Q�
the Project: Construct The Weld County Training Center
the Architect: Bley &Associates Architects and Planners
2020 Clubhouse Drive
Greeley, Colorado 80634
The Owner and the Contractor agree as set forth below.
] A107-1978 1
de-mane a 0" ✓tra- 2000-0322
p;Z - vo2- )4x)0 pRo0i 8
ARTICLE 1
THE WORK
1.1 The Contractor shall perform all the work required by the Contract Documents for
(Here insert the caption descriptive of the Work as used on other
Contract Documents.)
The aforementioned Contractor agrees to complete all work as detailed by said architect and shown in
the contract documents to construct the Construct the Weld County Training Center. To include all value
engineering per attached letter to said architect defining the inclusions and exclusions value engineering
items. This letter will be know as Attachment "A"
ARTICLE 2
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The Work to be performed under this contract shall be commenced 2/15/00
and, subject to authorized adjustments, Substantial Completion shall be achieved not later
than 9/15/00.
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
ARTICLE 3
CONTRACT SUM
3.1 The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions
and deductions by Change Order as provided in the Contract Documents, the Contract Sum of
Seven Hundred Fifty Four Thousand Two Hundred Ninety Six Dollars & 00/100 - $754,296
3.2 The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.)
Original Bid $931,133.00
Value Engineering (per attachment "A") -$176,837.00
Revised contract amount $754,296.00
A107-1978 2
ARTICLE 4
PROGRESS PAYMENTS
4.1 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 in the Contract Documents for the period ending the 25th day of the month as
follows:
(Here insert payment procedures and provision for retainage, if any.) 10% Retainage
4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at
the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate of interest agreed upon.) 0%
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit
laws and other regulations at the Owner's and Contractor's principal places of business, the location of the
Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with
respect to deletion, modification, or other requirements such as written disclosure or waivers.)
ARTICLE 5
FINAL PAYMENT
5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for
Payment has been issued by the Architect.
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
6.1 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are
listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
(List below the Agreement, the Conditions of the Contract, [General, Supplementary, and other
Conditions], the Drawings, the Specifications, and any Addenda and accepted alternates, showing page
or sheet numbers in all cases and dates where applicable.)
Drawing Date
T1.0 12/4/99
C1-C9 12/99
S1.0,S1.1 12/4/99
A0.1,A0.2,A1.0,A1.1,A1.2,A2.0,A3.0,A3.1,A3.2,A4.0,A5.0,&A6.0 12/4/99
P1.0,& P1.1 12/4/99
E-1, E-2, 12/3/99
E-3 11/29/99
A107-1978 3
GENERAL CONDITIONS
ARTICLE 7 lion of the Contractor's Applications for Payment, the
CONTRACT DOCUMENTS Architect will determine the amounts owing to the Con-
tractor and will issue Certificates for Payment in accord.
7.1 The Contract Documents consist of this Agreement ance with Article 15.
with General Conditions,Supplementary and other Condi- 8.5 The Architect will be the interpreter of the require-
tions, the Drawings, the Specifications,all Addenda issued menu of the Contract Documents. He will make decisions
prior to the execution of this Agreement, and all Modifi- - on all claims, disputes or other matters in question be-
cations issued by the Architect after execution of the tureen the Contractor and the Owner, but he will not be
Contract such as Change Orders, written interpretations : liable for the results of any interpretation or decision ten-
and written orders for minor changes in the Work. The dered in good faith. The Architect's decisions in matters
intent of the Contract Documents is to include all items relating to artistic effect will be final if consistent with the
necessary for the proper execution and completion of the intent of the Contract Documents, All other decisions of
Work. The Contract Documents are complementary, and the Architect, except those which have been waived by
what is required by any one shall be as binding as if re- the making or acceptance of final payment, shall be sub•
quired by all. Work not covered.in the Contract Docu- ject to arbitration upon the written demand of either
rnents will not be required unless it is consistent therewith party.
and reasonably inferable therefrom as being necessary to 8.6 The Architect will have authority to reject Work
produce the intended results. .which does not conform to the Contract Documents.
7.2 Nothing contained in the Contract Documents shall 8.7 The Architect will review and approve or take other
create any contractual relationship between the Owner or appropriate action upon the Contractor's submittals such
the Architect and any Subcontractor or Sub-subcontractor. as Shop Drawings, Product Data and Samples, but only for
7.3 By executing the-Contract, the Contractor represents conformance with the design concept of the Work and
that he has visited the site and familiarized himself with with the information given in the Contract Documents.
the local conditions under which the Work is to be
performed. ARTICLE 9
7.4 The Work comprises the completed construction re- OWNER'
quired by the Contract Documents and includes all labor 9.1 The Owner shall furnish all surveys and a legal de-
necessary to produce such construction, and all materials
and equipment incorporated or to bo incorporated in scription of the site.
such construction. 9.2 Except as provided in Paragraph- 10.5, the Owner
shall secure and pay for necessary approvals, easements,
ARTICLE 8 •
•assessments and charges required for the construction, use
or occupancy of permanent structures or permanent
ARCHITECT changes in existing facilities. •
8,1 The Architect will provide administration of the Con. 9.3 The Owner shall forward all instructions to the Con•
tract and will be the Owner's representative during con- tractor through the Architect.
struction and until final payment is due. 9A If the Contractor fails to correct defective Work or
82 The Architect shall at all times have access to the persistently fails to carry out the Work in accordance with
Work wherever it is in preparation and progress. the Contract Documents, the Owner, by a written order,
8.3 The Architect will visit the site at intervals appropri- may order the Contractor to stop the Work, or any por•
ate to the stage of construction to familiarize himself gen• tion thereof, until the cause for such order has been
erally with the progress and quality of the Work and to eliminated; however, this right of the Owner to stop the
determine in general if the Work is proceeding in accord- Work shall not give riser to any duty on the part of the •
ance with the Contract Documents. However, the Archi- Owner to exercise this right for the benefit of the Con•
tect will not be required to make exhaustive or continu- actor or any other person or entity.
ous on-site inspections to check the quality or quantity of ARTICLE 10
the Work. On the basis of his on•sitd observations as an CONTRACTOR
architect, he will keep the Owner informed of the prog-
ress of the Work, and will endeavor to guard the Owner 10.1 The Contractor shall supervise and direct the Work,
against defects and deficiencies-in the Work of the Con- usilig his best skill and attention and he shall be solely
tractor. The Architect will not have control or charge of responsible for all construction means, methods, tech•
and will not be responsible (or construction means, meth• piques, sequences and procedures and for coordinating
ods, techniques, sequences or procedures, or for safety all portions of the Work under the Contract.
precautions and programs in connection with the Work, 10.2 Unless otherwise specifically provided in the Con-
and he will not be responsible for the Contractor's failure tract Documents, the Contractor shall provide and pay for
to carry out the Work in accordance with the Contract all labor, materials, equipment, tools, construction equip•.
Documents. ment and machinery, water, heat, utilities, transportation,
8.4 eased on the Architect's observations and an evalua• and other facilities and services necessary for the proper
AIA DOCUMENT Al07 • A0RR(VIATED OW4(R•CONrtACTnR AOU IMtNT • EIcilitt EDITION • APRIL n:t • Arne
1171 • THE AMLLICAN DIMWIT OF AtcilllEcts, 1733 NEW YORE Methyl. H.W., 1vASHINOTON. D.C. :006 A107.1978 4
•
execution and completion of the Work, whether tempo• obligation of indemnity which would otherwise exist as to
rary or permanent and whether or not incorporated or to any and t ell rc gems agarson inst bed ed in this
Por aragraph
phc10.11.11. Ior
n
10.3 0 incorpoContractor rated in the-Work. any of their agents or employees by any employee of the
The ordershall o all times enforce and hill Contractor, any Subcontractor, anyone directly or Indi-
nipilemplo good among his employees person or and shall rectly employed by any of them or anyone for whose acts
noted in the h task the Work any unfit or anyone not any of them may be liable, the Indemnification obligation
skilled in assigned to him. under this Paragraph 10.11 shall not be limited in any
10.4 The Contractor warrants to the Owner and the way by any limitation on the amount or type of damages,
Architect that all materials and equipment incorporated compensation or benefits payable by or (or the Contractor
in the Work will be new unless otherwise specified, and or any Subcontractor under workers' or workmen's corn.
th; all Work will be of good quality, free from faults and pensation acts, disability benefit acts or other employee
defects and in conformance with the Contract Documents. benefit acts. The obligations of the Contractor under this
All Work not conforming to these requirements may be Paragraph 10.11 shall not extend to the liability of the
considered defective. Architect, his agents or employees, arising out of (1) the
10.5 Unless otherwise provided in the Contract Docu- preparation or approval of maps, drawings, opinions, re-
ments, the Contractor shall pay all sales, consumer, use ports, surveys, change orders, designs or specifications, or
and other similar taxes which are legally enacted at the (2) the giving of or the failure to give directions or in-
time bids are received, and shall secure and pay for the structions by the Architect, his agents or employees pro•
building permit and for all other permits and govern• vided such giving or failure to give is the primary cause
mental fees, licenses and inspections necessary for the of the injury or damage.
proper execution and completion of the Work. ARTICLE 11
10.6 The Contractor shall give all notices and comply SUBCONTRACTS
with all !awl; ordinances, rules, regulations, and lawful
orders of any public authority bearing on the performance 11.1 A Subcontractor is a person or entity who has a
of the Work, and shall promptly notify the Architect If the direct contract with the Contractor to perform any of the
Drawings and Specifications are at variance therewith. Work at the site.
10.7 The Contractor shall be responsible to the Owner 11.2 Unless otherwise required by the Contract Docu-
for the acts and omissions of his employees. Subcontrac• ments or in the Bidding Documents, the Contractor, as
ton and their agents and employees, and other persons soon as practicable after the award of the Contract, shall
performing any of the Work under a contract with the: , furnish
tfot the
eaArchitch of ect
in nr writing th portions names
of subcon-
10.5 Ttor. The Contractor shall not employ any Subcontractor to
• 10.8 The Contractor shall review, approve and submit all;
Shop Drawings, Product Data shall be in accord whom the Architect or the Owner may have a reasonable
the Contract Documents. The Work d Samples required - objection. The Contractor shall not be required to con•
tract with anyone to whom he has a reasonable objection.
ance with approved submittals. Contracts between the Contractor and the Subcontractors
10.9 The Contractor at all times shall keep the premises shall (1) require each Subcontractor, to the extent of the
free from accumulation of waste materials or rubbish Work to be performed by the Subcontractor, to be bound
caused by his operations. At the completion of the Work to the Contractor by the terms of the Contract Docu-
he shall remove all his waste materials and rubbish from merits, and to assume toward the Contractor all the obit•
and about the Project as well as his tools. construction
. gations and responsibilities which the Contractor,by these
equipment, machinery and surplus materials. Documents, assumes toward the Owner and the Architect,
10.10 The Contractor shall pay all royalties and license and (2) allow to the Subcontractor the benefit of all rights,
fees. He shall defend all suits or claims for Infringement remedies and redress afforded to the Contractor by these
of any patent rights and shall save the Owner harmless Contract Documents.
from loss on account thereof. ARTICLE 12
10.11 To the fullest extent permitted by law, the Con- WORK BY OWNER OR BY
tractor shall indemnify and hold harmless the Owner and SEPARATE CONTRACTORS
the Architect and their agents and employees from and 12.1 The Owner reserves the right to perform work re-
but against all claims, damages, losses and expenses, including fated to the Project with his own forces, and to award
in from
oitheed to manceof fees arising out of or result• separate contracts in connection with other portions of
such the performance of the p Work,(1)provided that too the Project or other work on the site under these or Simi'
iju damage, s disease or death, is to ribuwbto lar Conditions of the Contract. If the Contractor claims
bodilyd injury, ngibl property or ther or injury to or that delay or additional cost is involved because of such
see) including
of tangible use resulting
than the Work it- action by the Owner, he shall make such claim as pro-
12)f) caused ice the loss or of resylai y negligent ren act and vided elsewhere in the Contract Documents.
omission is f in whole ac orin part n Subcontractor,y rin or
of the Contractor, any anyone 12.2 The Contractor shall afford the Owner and separate
directly or indirectly employed by any of them or anyone contractors reasonable opportunity for the introduction
ntt and tiion
for whose acts any of them may be liable, regardless of and storage of their materials and equip
the
whether or not it is caused in part by a party indemnified execution of their work, and shall connect and coordinate
hereunder. Such obligation shall not be construed to
his Work with theirs as required by the Contract Docu•
negate, abridge, or otherwise reduce any other right or ments.
AIA 00CuµENT A10' • .\EB RCVIATCD ON/NCR-CONTRACTOR ACRE(ALLNr • CIC,x(N EDITION • APRIL 1975 • Al A•
S A107.1978 CD ins • 1111 AMCLICAN INSTITVTt Of ALCNITCQS, 1735 NEW YORK AvtNuc, N.W., WASII NOTCH, D.C. 3=4
1.3 Any costs caused by defective or ill-timed work 15.2
w k remedied; (2) claims
ea ents may be wihho account
c ount, (3) fof l (1) efec-
all be borne by the party responsible therefor. f the
Contractor to make payments properly to Subcontractors
ARTICLE 13 • or for labor, materials, or equipment, (4) damage to the
MISCELLANEOUS PROVISIONS Owner or another contractor, or (5) persistent failure to
carry out the Work in accordance with the Contract
3.1 The Contract shall be governed by the law of the Documents.
lace where the Project Is located. • 153 When the Architect agrees that the Work is sub•
3.2 All claims or disputes between the Contractor and stantially complete, he will issue a Certificate of Substan-
Te Owner arising out of, or relating to, the Contract tial•Completion.
locuments or the breach thereof shall be decided by 15.4 Final payment shall •
rnot be due until the Contractor
rbitration in accordance with n ConstructionIndustry has delivered to the Owner a complete release of all liens
,rbitration Rules l the the parties Arbitration u agree other-ou arising out of this Contract or receipts in full covering all
Tee obtaining unless mutually labor, materials and equipment for which a lien could be
vise. Notice with the other party for arbitration shall be t filed filed, or a bond satisfactory to the Owner indemnifying
e writing d the other to rb Owner-Contractor or him against any lien. If any lien remains unsatisfied.after•grnd shall be
with the American Arbitration after the his-n all payments are made, the Contractor shall refund to the
nd shall ar madeThe within a reasonable by the the tors Owner all moneys the latter may be compelled to pay in
jute has final,l and judgment n rendered t arbitratorsoit n discharging such lien, including all costs and reasonable
hall be may be entered upon in attorneys' fees.
ccordance with applicable law In any court having juris- a55 The making of final payments shall constitute a
Deena thereof.uh Except dined, n bseat of the ngr waiver of all claims by the Owner except those arising
)r entity r sought t be Contract no arbitration lli g out from (1) unsettled liens, (2) faulty or defective Work ap-
)f or relatingn to the o Documents y shall include, pearing after Substantial Completion, (3) failure of the
)e consolidation,entity
joinder pact or in any other agreement r ch ork o comply with the requirements of the Contract persuch arbitration b not a party unless is shown at undertime which h Documents, or (4) terms of any special warranties re•
em forri ratio it t t (1) the the
(errand for arbitration Is filed that m such question
person or narlepayment shall constitute tu a waiver of all claims by the
ts. The acceptance of
e ty is substantially involved in uchoon or on of Contractor except those previously made in writing and
act it law, o the presence to be eta person in entity is- identified by the Contractor as unsettled at the time of the
e Lion, (3) complete relief r is to accorded such the arbor final Application for Payment.
;ration, the Interest or responsibility of person or
entity In the matter Is not Insubstantial, and (4) such per- ARTICLE 16
ton or entity Is not the Architect or any of his employees PROTECTION OF PERSONS AND PROPERTY
or the Agreement
The agreement oherein among the pauseses 16.1 The Contractor shall be responsible for initiating,
lip the Agreement and any other written agreement to
arbitrate referred to herein shall be specifically enforce- maintaining, and supervising all safety precautions and
able under the prevailing arbitration law, programs in connection with the Work. He shall take all
reasonable precautions for the safety of, and shall provide
ARTICLE 14 all reasonable protection to prevent damage, injury or
TIME loss to (1) all employees on the Work and other persons
who may be affected thereby, (2) all the Work and all
All h time limits eo the stated in the Contract Co Documents materials and equipment to be incorporated therein, and
are expedite the essWor o nd a Contract, eta Contractor s ionll (3) other property at the site or adjacent thereto. He shall
w thitthe Work and achieve Substantial Completion give all notices and comply with all applicable laws, ordi-
14.2. in the Contract ateTime, nances, rules, regulations and orders of any public author•
eThe Dale of y Substantial Completion of the Work is icy bearing on the safety of persons and property and their
the date certified by the Architect when construction is protection from )damage, injury or loss. The Contractor
sufficiently complete so that the Owner can occupy or utilize the Work for the use for which it is Intended. shall promptly remedy all damage or loss to any property
caused in whole or in part by the Contractor, any Sub•
143 if the Contractor is delayed at any time in the - contractor, any Sub-subcontractor, or anyone directly or
progress of the Work by changes ordered in the Work, - indirectly employed by any of them, or by anyone for
by labor disputes, (ire, unusual delay in transportation, whose acts any of them may be liable, except damage or
adverse weather conditions not reasonably anticipatable, , loss attributable to the acts or omissions of the Owner or
unavoidable casualties, or any causes beyond the Con- Architect or anyone directly or indirectly employed by
tractor's control, or by any other cause which the Archi• either of them or by anyone for whose acts either of them
test determines may justify the delay, then the Contract may be liable, and not attributable to the fault or negli-
Time shall be extended by Change Order for such reason- $nice of the Contractor, The foregoing obligations of the
able time as the Architect may determine. Contractor are in addition to his obligations under Para•
ARTICLE 15 graph 10.11.
PAYMENTS AND COMPLETION • ARTICLE 17
INSURANCE
15.1 Payments shall be made as provided in Article 4 and 17.1 Contractor's lialNSy insurance shall be purchased
Article 5 of this Agreement.
AU DOCUMENT A107 • ABsRCvIATE0 OwNER.CONTRACTOR AGREEMENT • EIGHTH COITION • APRIL 1978 • .VA* 8107.1978 6
4) tin • nit AM(RICANWoe
INSTITUTE OF ARCHItEC15, 1771 NEW YOLK AVENUE, H W., wASHINctOn. D.C. ;ECM
and maintained by the Contractor to protect him from 18.2 The Contract Sum and the Contract Time may be
claims under workers' or workmen's compensation acts changed only by Change Order.
and other employee benefit acts, claims for damages be- 18.3 The cost or credit to the Owner from a change in
cause of bodily injury, including death, and from claims the Work shall be determined by mutual agreement,
for damages, other than to the Work Itself, to property
which may arise out of or result from the Contractor's ARTICLE 19
operations under this Contract, whether such operations CORRECTION OF WORK
be by himself or by any Subcontractor or anyone directly
or indirectly employed by any of them. This insurance 19.1 The Contractor shall promptly correct any Work
shall be written for not less than any limits of liability rejected by the Architect as defective or as failing to con-
specified in the Contract Documents, or required by law, form to the Contract Documents whether observed before
whichever Is the greater, and shall include contractual or after Substantial Completion and whether or not (abri-
liability Insurance applicable to the Contractor's obliga- cared, Installed or completed, and shall correct any Work
dons under Paragraph 10.11. Certificates of such insur- found to be defective or nonconforming within, a period
ance shall be filed with the Owner prior to the com- of one year from the Date of Substantial Completion of
mencement of the Work- the Contract or within such longer period of time as may
17.2 The Owner shall be responsible for purchasing and be prescribed by law or by the terms of any applicable
maintaining his own liability insurance and, at his option, special warranty required by the Contract Documents. The
may maintain such insurance as will protect him against provisions of this Article 19 apply to Work done by Sub-
claims which may arise from operations under the Con-, contractors
ctrs as well as to Work done by direct employees
tract ofthe Contractor.
17.3 Unless otherwise provided, the Owner shall pur-
chase and maintain property Insurance upon the entire
Work at the site to the full Insurable value thereof. This TERMINATION OF THE CONTRACT
Insurance shall include the Interests of the Owner, the 20.1 If the Architect fails to issue a Certificate for Pay-
Contractor, Subcontractors and Sub-subcontractors in the ment for a period of thirty days through no fault of the
Work and shall insure against the perils of fire and ex- Contractor, or if the Owner fails to make payment thereon
tended coverage and shall include "all risk" insurance for for a period of thirty days, the Contractor may, upon
physical loss or damage Including, without duplication of seven additional days' written notice to the Owner and
coverage, theft, vandalism, and malicious mischief. the Architect, terminate the Contract and recover from
17,4 Any loss Insured under Paragraph 17.3 is to be ad-
the Owner payment for all Work executed and for any
lusted with the Owner and made payable to the Owner proven .loss sustained upon any materials, equipment,
as trustee for the insureds, as their interests may appear, tools, and construction equipment and machinery, includ-
subject to the requirements of any mortgagee clause. ing reasonable profit and damages applicable to the
173 The Owner shall file a copy of all policies with the Project.
Contractor before an exposure to loss may occur. 20.2 If the Contractor defaults or persistently fails or
17.6 The Owner and Contractor waive all rights against neglects to carry out the Work in accordance with the
each other for damages caused by fire or other perils to Contract Documents or fails to perform any provision of
the extent covered by insurance obtained pursuant to the Contract, the Owner may, after seven days' written
this Article or any other property insurance applicable to notico to the Contractor and without prejudice to any
the Work, except such rights as they may have to the pro• other remedy he may have, make good such deficiencies
ceeds of such insurance held by the Owner as trustee. and may deduct the cost thereof, including compensation
The Contractor shall require similar waivers in favor of the for the Architect's additional services made necessary
Owner and the Contractor by Subcontractors and Sub• thereby, from the payment then or thereafter due the
subcontractors. Contractor or, at his option, and upon certification by the
Architect that sufficient cause exists to justify such action,
ARTICLE 18 may terminate the Contract and take possession of the
CHANGES IN THE WORK site and of all materials, equipment, tools, and construc-
tion equipment and machinery thereon owned by the
18.1 The Owner, without invalidating the Contract, may Contractor and may finish the Work by whatever method
order Changes in the Work consisting of additions, dele• he may deem expedient, and if the unpaid balance of the
tions, or modifications, the Contract Sum and the Con- Contract Sum exceeds the expense of finishing the Work,
tract Time being adjusted accordingly. All such changes such excess shall be paid to the Contractor, but if such
in the Work shall be authorized by written Change Order expense exceeds such unpaid balance, the Contractor
signed by the Owner and the Architect. shall pay the difference to the Owner,
ALA DOCUMENT A1O7 • A00REViATLO OWN(R.CONTRACTOR ACRE(MENT • (ICHT„ CO:TION •WANH'A Aril',
•!I. 5710. . Aim,M
7 A107.1978 v 1171 • THE AEKICAN INSIIIUIt ur AMJul tlla, t, , NEW YOKK AVENUE.
ARTICLE 21
OTHER CONDITIONS OR PROVISIONS
See attachment "A" for a list of value engineering
This Agreement entered into as of the day and year first written above.
OWNER CONTRACTOR
Weld County GROWLING BEAR CO. (INC.)
(Signature) (0.2, ,2 z), KEVIN SHIRONAKA, PRESIDENT
(Please Print Name)
A107-1978 8
��4 Growling Bear Co. Inc.
"Attachment A"
Bley Associates, Architects-Planners
2020 Clubhouse Drive
Greeley, CO 80634
Re: Weld County Training Center- value engineering scope clarifications
The purpose of this letter is to clarify specific terms of the value engineering proposed for the Weld County Training
Center.
V.E. Option#1-site work package-Credit of(—$115,215.00)
County is responsible for: raising the building pad to it's final grade including all import,trucking, loading of fill,
grading, landscape grading,top soil/compost, grade for curb &gutter&sidewalk, compaction,compaction testing
(outside building only), clearing,stockpiling,export(if needed), detention ponds, site demo&disposal including
dump fees, aggregate under slabs,construction staking for site, erosion control (including all silt fencing&straw
bales as required, vehicle tracking control, asphalt patching and asphalt for parking areas&stripping as specified.
And any other"earthwork" item not specifically listed below under heading"Contractor is responsible for.:".
Contractor is responsible for: Perimeter drain,structural excavation,backfill&compaction(including compaction
test for building backfill only), building layout, site utilities, 1 15"RCP on north end of site, (not responsible for 92'
of 12"RCP on south end of site or the relocation of the fire hydrant&flange as shown on sheet 7 of 9, all site
concrete, curb cut& patch,traffic control on 11`"ave.
V.E. Option#2-Credit of(—$900.00) Contractor to delete the requirements for the specified drain board on
the foundation.
V.E. Option#3- Credit of(—$20,000.00) Change to a 100 KVA Gas Generator with a time delay switch.
V.E. Option#4- Credit of(-$8,000.00) Substitute walker floor electrical ducts with PVC floor boxes (plastic
covers- not brass)
V.E. Option#5- Credit of(-$12,500.00) Credit is for an alternate fixture package which is subject to Architects
and County's approval. This credit will be adjusted according to what is finally approved or disapproved.
V.E. Option#6- Credit of(-$1,700.00) Contractor to use PVC for underground in lieu of cast iron
V.E.Option#7- Credit of(-$850.00) Contractor to use PVC for ground waste and vent in lieu of cast iron
V.E.Option#8- Credit of(-$2,225.00) Delete domestic pipe insulation
V.E. Option#9-Credit of(-$530.00) Use alternate water cooler. This option is subject to Architects and
County approval.This credit will be adjusted according to what is finally approved or disapproved
V.E. Option#10- Credit of(-$170.00) Use an alternate 2'x2' molded stone mop sink. This option is subject to
Architects and County approval.This credit will be adjusted according to what is finally approved or disapproved
V.E. Option#11- Credit of(-$425.00) Substitute stainless steel tanks with stainless steel 20 gauge and
alternate manufacturer
2330 4th Avenue, Greeley, Colorado 80631 Phone: 970-353-6964 Fax: 970-353-6974
41/4 do
4 Growling Bear Co. Inc.
"Attachment A"
V.E. Option#12- Credit of(-$385.00) Substitute delta faucets in lieu of those specified
V.E. Option#13- Credit of(-$10,760.00) County to supply and install all kitchen equipment including the under
counter refrigerator with the exception of the specified garbage disposal (G.C. to provide all rough in for this
equipment)
V.E. Option#14- Credit of(-$1,695.00) Change H.M. sidelights to standard 3 sided frames
V.E. Option#15- Credit of(-$228.00) Change wood door edge from matching edge to soft wood edge
V.E. Option#16- Credit of(-$1,254.00) Change from%z vent pac-750.032 soffit to.019 aluminum 16" center
vent polyester paint
Per our discussion in our meeting the General Contractor's markup on change orders will be 10%.
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Thank y
I es Woody, Estimator
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2330 4th Avenue, Greeley, Colorado 80631 Phone:970-353-6964 Far: 970-353-6974
Hello