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Home My WebLink About870257.tiff THE AMERICAN INSTITUTE OF ARCHITECTS S t) AIA Docur ?cn( A(07 Standard Form of Agreement Between Owner and Contractor Short Form Agreement for Small Construction Contracts Where the Basis of Payment is a STIPULATED SUM II HS I)OCUMINI I IAS 1.S 11'OR I AN r I EGAi. CONSEQUINCIS;CON,SUI.TAT ION WIN AN Al7ORN/1' IS ENCI1I IRAII I LL'IIII RI SPTCI 10 11.5 COMPIITION OR MODIFICATION I or other contracts the AM issues Standard forms of Owner-Contractor Agreements and Standard General Conditions of the Contract for Construction for use in connection (herewith. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made this third clay of April in the year Nineteen Ilunchred and eighty seven BETWEEN the Owner: Weld county and the Contractor: Bertron Construction Inc. Box 13035 440-9699 Boulder, Co. 80308 the Project: Renovation of the Motor Vehicle area in the Weld County Centennial Center the Architect: Bley and Assoc. The Owner and Contractor agree as set forth helow. MA DOCUMENT A 107 • SMALL CONSTRUCTION CONIR/NCI • IANUARY 1974 EDITION • AIA® • O1974 t170z 57 TIIE Ash RICAN INSTITUTE OF ARCIIIIEC Is, 1735 NEW YORK AVE., NAV., WASHINGTON, D.C. 20006 ARTICLE 1 THE WORK The Contractor shall perform all the Work required by the Contract Documents for 'Ilnr moot the raplinn tte riplio° 01 the ICnr& al used on usher Convacl i)urumenu The renovation of the Motor Vehicle area of the Weld County Centennial Center, per the plans and specs, with notes as shoran in Article 25 of this document. ARTICLE 2 TIME OF COMMENCEMENT AND COMPLETION the Work to be performed under this Contract shall be commenced April 13th, 1987 and completed April 30th, 1987 ARTICLE 3 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the General Conitions, in current funds, the Contract Sum of 14nlr Ivry the lump'urn amount. unit prise!,or both.as drsi,rd 1 IWE ry FIVE THOUSAND; EIGHT-HUNDRED-ADII'i FIFTY- SIX- DOLLARS-. $ 25,856.00 ALA DOCUMENT A107 • SMALL CONSIRUCI ION CONTRACT • JANUARY 1974 EDITION • AIAO • ©1974 THE A\II RICAN INSTITUTE OF ARCHITECTS, 7735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 2 ARTICLE 4 PROGRESS PAYMENTS Nacrvf upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Pas iiimit issued by the Architect, the Owner shall make ;rio ress payments on account of the Contract Sum to the Contra(tor as follows: Lump sum payment upon approval of payout request at the end of the job. Approx. May 15th, 1987 ARTICLE 5 FINAL PAYMENT The Owner shall make final payment 15 clays alter completion of the Work, provided the Contract be then fully performed, subject to the provisions of Article 16 of the General Conditions. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS the contract Documents are as noted in Paragraph 7.1 of the General Conditions and arc enumerated as follows: ni h.d.nt the Agrrrnrrrrr. Conduit n• id the Cnn:mei I(.rnrr.rl. Snppirmenrarp. and other (:nndilinml, Oran ing.. 5prrifirariuni. Acdrnda and a rrrpied V:r,n.u.., thanmg page or doer numbest in all ca..% and [taint 'dune appli,able • An DOCUAIINI A107 • S\IAII CONSIRIIC'I ION CON IRACI • JANUARY 1'974 (1111 ION • AIA') • @1974 1111 SWIM. N INSI IIUIE Of ARCIIII ft S, 1715 NI\V YORK AVE., N.W., WASHINGTON. D. C. 20006 3 GENERAL CONDITIONS ARTICLE 7 failure to carry out the Work in accordance with the CONTRACT DOCUMENTS Contract Documents. 8.4 Based on such observations and the Contractor's 7.1 The Contract Documents consist of this Agreement Applications for Payment, the Architect will determine (which includes the General Conditions), Supplementary the amounts owing to the Contractor and will issue Cer- and other Conditions, the Drawings, the Specifications, tificates for Payment in accordance with Article 16. all Addenda issued prior to the execution of this Agree- 8.5 The Architect will be, in the first instance, the in- ment, all modifications, Change Orders, and written terpreter of the requirements of the Contract Documents. interpretations of the Contract Documents issued by lie will make decisions on all claims and disputes be- the Architect. These form the Contract and what is tween the Owner and the Contractor. All his decisions required by any one shall be as binding as if required are subject to arbitration. by all. The intention of the Contract Documents is to include all labor, materials, equipment and other items 8.6 The Architect will have authority to reject Work as provided in Paragraph 10.2 necessary for the proper which does not conform to the Contract Documents. execution and completion of the Work and the terms ARTICLE 9 and conditions of payment therefor, and also to include OWNER all Work which may be reasonably inferable from the Contract Documents as being necessary to produce the 9.1 The Owner shall furnish all surveys. intended results. 9.2 The Owner shall secure and pay for easements for 7.2 The Contract Documents shall be signed in not less permanent structures or permanent changes in existing than triplicate by the Owner and the Contractor. If either facilities. the Owner or the Contractor do not sign the Drawings, 9.3 The Owner shall issue all instructions to the Con- Specifications, or any of the other Contract Documents, tractor through the Architect. the Architect shall identify them. By executing the Con- tract, the Contractor represents that he has visited the ARTICLE 10 site and familiarized himself with the local conditions CONTRACTOR under which the Work is to be performed. 10.1 The Contractor shall supervise and direct the 7.3 The term Work as used in the Contract Documents Fork, using his best skill and attention. The Con- includes all labor necessary to produce the construction required by the Contract Documents, and all materials tractor shall be solely responsible for all construction and equipment incorporated or to be incorporated in means, methods, techniques, sequences and procedures such construction. and for coordinating all portions of the Work under the Contract. 10.2 Unless otherwise specifically noted, the Contractor ARTICLE 8 shall provide and pay for all labor, materials, equipment, ARCHITECT tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and 8.1 The Architect will provide general administration services necessary for the proper execution and comple- of the Contract and will be the Owner's representative tion of the Work. during construction and until issuance of the final Certi- ficate 10.3 The Contractor shall at all times enforce strict for Payment. discipline and good order among his employees, and 3.?- The Architect-≤hall- a times_ have access to the shall not employ on-the-Work any unfit-person_orany- Work wherever it is in preparation tion and progress. one not skilled in the task assigned to him. 8.3 The Architect will make periodic visits to the site 10.4 The Contractor warrants to the Owner and the to familiarize himself generally with the progress and Architect that all materials and equipment incorporated quality of the Work and to determine in general if the in the Work will be new unless otherwise specified, and Work is proceeding in accordance with the Contract that all Work will be of good quality, free from faults Documents. On the basis of his on-site observations as and defects and in conformance with the Contract Docu- an architect, he will keep the Owner informed of the ments. All Work not so conforming to these standards progress of the Work, and will endeavor to guard the may be considered defective. Owner against defects and deficiencies in the Work of 10.5 The Contractor shall pay all sales, consumer, use make a Contractor. The Architects on-sitell not be requiredct ns to and other similar taxes required by law and shall secure exhaustive or continuous inspections The Archi-to all permits, fees and licenses necessary for the execution check the quality or quantity of the Work, The tect will not be responsible for construction means, of the Work. methods, techniques, sequences or procedures, or for 10.6 The Contractor shall give all notices and comply safety precautions and programs in connection with the with all laws, ordinances, rules, regulations, and orders Work, and he will not be responsible for the Contractor's of any public authority bearing on the performance of MA DOCUMENT A107 • SMALL CONSTRUCTION CONTRACT • IANUARY 1974 EDITION • AIA® • ®1974 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 the Work, and shall notify the Architect if the Drawings 11.2 Unless otherwise specified in the Contract Docu- and Specifications are at variance therewith. merits or in the Instructions to Bidders, the Contractor, 10.7 The Contractor shall be responsible for the acts as soon as practicable after the award-of- iht Contract; and omissions of all his employees and all Subcon- names of Subcontractors proposed for the principal par- tractors, their agents and employees and all other persons Lions of the Work. The Contractor shall not employ any performing any of the Work under a contract with the Contractor. Subcontractor to whom the Architect or the Owner may have a reasonable objection. The Contractor shall not 10.8 The Contractor shall review, stamp with his ap- be required to employ any Subcontractor to whom he proval and submit all samples and shop drawings as has a reasonable objection. Contracts between the Con- directed for approval of the Architect for conformance tractor and the Subcontractor shall be in accordance with with the design concept and with the information given the terms of this Agreement and shall include the General in the Contract Documents. The Work shall be in ac- Conditions of this Agreement insofar as applicable. cordance with approved samples and shop drawings. 10.9 The Contractor at all times shall keep the premises ARTICLE 12 free from accumulation of waste materials or rubbish SEPARATE CONTRACTS caused by his operations. At the completion of the Work 12.1 The Owner reserves the right to award other con- he shall remove all his waste materials and rubbish from tracts in connection with other portions of the Project and about the Project as well as his tools, construction or other work on the site under these or similar Condi- equipment, machinery and surplus materials, and shall Lions of the Contract. clean all glass surfaces and shall leave the Work "broom clean" or its equivalent, except as otherwise specified. 12.2 The Contractor shall afford other contractors rea- 10.10 The Contractor shall indemnify and hold harmless sonable opportunity for the introduction and storage of the Owner and the Architect and their agents and em- work, and shall properly connect and coordinate his their materials and equipment and the execution of their ployees from and against all claims, damages, losses and Work with theirs. expenses including attorneys' fees arising out of or result- ing from the performance of the Work, provided that 12.3 Any costs caused by defective or ill-timed work any such claim, damage, loss or expense (I) is attribut- shall be borne by the party responsible therefor. able to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than ARTICLE 13 the Work itself) including the loss of use resulting there- ROYALTIES AND PATENTS from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Sub- The Contractor shall pay all royalties and license fees. . contractor, anyone directly or indirectly employed by any The Contractor shall defend all suits or claims for in- of them or anyone for whose acts any of them may be fringement of any patent rights and shall save the Owner liable, regardless of whether or not it is caused in part harmless from loss on account thereof. by a party indemnified hereunder. In any and all claims against the Owner or the Architect or any of their agents ARTICLE 14 or employees by any employee of the Contractor, any ARBITRATION Subcontractor, anyone directly or indirectly employed by All claims or disputes arising out of this Contract or the any of them or anyone for whose acts any of them may breach thereof shall be decided by arbitration in accord- be liable, the indemnification obligation under this Para- ante with the Construction Industry Arbitration Rules of graph 10.10 shall not be limited in any way by any pion the American Arbitration Association then obtaining un- tation on the amount or type of damages, compensation less the parties mutually agree otherwise. Notice of the or benefits payable by or for the Contractor or any Sub- demand for arbitration shall be filed in writing with the contractor under workmen's compensation acts, di other party to the Contract and with the American Arbi- ability benefit acts or other employee benefit acts. The 'ration Association and shall be made within a reasonable obligations of the Contractor under this Paragraph 10.10 time after the dispute has arisen. shall not extend to the liability of the Architect, his agents or employees arising out of (1) the preparation ARTICLE 15 or approval of maps, drawings, opinions, reports, sur- veys, Change Orders, designs or specifications, or (2) the TIME giving of or the failure to give directions or instructions 15.1 All time limits stated in the Contract Documents by the Architect, his agents or employees provided such are of the essence of the Contract. giving or failure to give is the primary cause of the 15.2 If the Contractor is delayed at any time in the injury or damage. progress of the Work by changes ordered in the Work, ARTICLE 11 by labor disputes, fire, unusual delay in transportation, SUBCONTRACTS unavoidable casualties, causes beyond the Contractor's control, or by any cause which the Architect may de- 11.1 A Subcontractor is a person who has a direct termine justifies the delay, then the Contract Time shall contract with the Contractor to perform any of the Work be extended by Change Order for such reasonable time at the site. as the Architect may determine. AIA DOCUMENT A107 • SMALL CONSTRUCTION CONTRACT • JANUARY 1974 EDITION • AIA® • ©1974 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 ARTICLE 16 other employee benefit acts, from claims for damages PAYMENTS because of bodily injury, including death, and from claims for damages to property which may arise out of or result 16.1 Payments shall be made as provided in Article 4 from the Contractor's operations under this Contract, of this Agreement. whether such operations be by himself or by any Sub- 16.2 Payments may be withheld on account of (1) de- contractor or anyone directly or indirectly employed by fective Work not remedied, (2) claims filed, (3) failure any of them. This insurance shall be written for not less of the Contractor to make payments properly to Sub- than any limits of liability specified as part of this Con- contractors or for labor, materials, or equipment, (4) tract, or required by law, whichever is the greater, and damage to another contractor, or (5) unsatisfactory prose- shall include contractual liability insurance as applicable cution of the Work by the Contractor. to the Contractor's obligations under Paragraph 10.10. Certificates of such insurance shall be filed with the 16.3 Final payment shall not be due until the Con- Owner and each separate Contractor. tractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a ARTICLE 19 lien could be filed, or a bond satisfactory to the Owner OWNER'S LIABILITY INSURANCE indemnifying him against any lien. 16.4 The making of final payment shall constitute a The Owner shall be responsible for purchasing and waiver of all claims by the Owner except those arising maintaining his own liability insurance and, at his op- from (1) unsettled liens, (2) faulty or defective Work ap- tion, may maintain such insurance as will protect him pearing after Substantial Completion, (3) failure of the against claims which may arise from operations under Work to comply with the requirements of the Contract the Contract. Documents, or (4) terms of any special guarantees re- quired by the Contract Documents. The acceptance ARTICLE 20 of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writ- PROPERTY INSURANCE ing and still unsettled. 20.1 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire ARTICLE 17 Work at the site to the full insurable value thereof. This PROTECTION OF PERSONS AND PROPERTY insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the The Contractor shall be responsible for initiating, main- Work and shall insure against the perils of Fire, Extended taming, and supervising all safety precautions and pro- Coverage, Vandalism and Malicious Mischief. grams in connection with the Work. Ile shall take all reasonable precautions for the safety of, and shall provide 20.2 Any insured loss is to be adjusted with the Owner all reasonable protection to prevent damage, injury or and made payable to the Owner as trustee for the loss to (I) all employees on the Work and other persons insureds, as their interests may appear, subject to the who may be affected thereby, (2) all the Work and all requirements of any mortgagee clause. materials and equipment to be incorporated therein, 20.3 The Owner shall file a copy of all policies with and (3) other property at the site or adjacent thereto. the Contractor prior to the commencement of the Work. tie shall comply with all applicable laws, ordinances, 20.4 The Owner and Contractor waive all rights against rales, regulations and orders of any public authority each other for damages caused by fire or other perils having jurisdiction for the safety of persons or property to the extent covered by insurance provided under this or Io protect them from damage, injury or loss. All paragraph. The Contractor shall require similar waivers damage or loss to any property caused in whole or in by Subcontractors and Sub-subcontractors. part by the Contractor, any Subcontractor, any Sub- subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of ARTICLE 21 them may be liable, shall be remedied by the Contractor, except damage or loss attributable to faulty Drawings or CHANGES IN THE WORK Specifications or to the acts or omissions of the Owner 21.1 The Owner without invalidating the Contract may or Architect or anyone employed by either of them or order Changes in the Work consisting of additions, de- for whose acts either of them may be liable but which lotions, or modifications, the Contract Sum and the Con- are not attributable to the fault or negligence of the tract Time being adjusted accordingly. All such Changes Contractor. in the Work shall be authorized by written Change Order signed by the Owner or the Architect as his duly author- ARTICLE 18 ized agent. CONTRACTOR'S LIABILITY INSURANCE 21.2 The Contract Sum and the Contract Time may be The Contractor and each separate Contractor shall pur- changed only by Change Order. chase and maintain such insurance as will protect him 21.3 The cost or credit to the Owner from a Change in from claims under workmen's compensation acts and the Work shall be determined by mutual agreement. AIA DOCUMENT A107 • SMALL CONSTRUCTION CONTRACT • JANUARY 1974 EDITION • AIM)• ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 6 ARTICLE 22 payment for all Work executed and for any proven loss CORRECTION OF WORK sustained upon any materials, equipment, tools, and construction equipment and machinery, including rea- The Contractor shall correct any Work that fails to con- sonable profit and damages. form to the requirements of the Contract Documents where such failure to conform appears during the ARTICLE 24 progress of the Work, and shall remedy any defects TERMINATION BY THE OWNER due to faulty materials, equipment or workmanship which appear within a period of one year from the Date of if the Contractor defaults or neglects to carry out the Substantial Completion of the Contract or within such Work in accordance with the Contract Documents or longer period of time as may be prescribed by law or by fails to perform any provision of the Contract, the Owner the terms of any applicable special guarantee required may, after seven days' written notice to the Contractor by the Contract Documents. The provisions of this Article and without prejudice to any other remedy he may have, 22 apply to Work done by Subcontractors as well as to make good such deficiencies and may deduct the cost Work done by direct employees of the Contractor. thereof from the payment then or thereafter due the Contractor or, at his option, may terminate the Contract ARTICLE 23 and take possession of the site and of all materials, equip- TERMINATION BY THE CONTRACTOR ment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the If the Architect fails to issue a Certificate of Payment Work by whatever method he may deem expedient, and for a period of thirty days through no fault of the Con- if the unpaid balance of the Contract Sum exceeds the tractor, or if the Owner fails to make payment thereon expense of finishing the Work, such excess shall be paid for a period of thirty days, the Contractor may, upon to the Contractor, but if such expense exceeds such seven days' written notice to the Owner and the Archi- unpaid balance, the Contractor shall pay the difference tect, terminate the Contract and recover from the Owner to the Owner. ARTICLE 25 MISCELLANEOUS PROVISIONS Changes is the plans and specs, per the owner's request are; 1. The oak benches and the tube steel legs are omitted from the scope of the work. The oak accent rail will still be installed along the south wall. 2. The County is providing all labor and equipment to move and replace the furniture, files, and furnishings in the work area. It is understood that Bertron will be preforming most of the work at nights, and over a continous working weekend. Bertron will mrdinate with the County so their People will be working a minimum of premium time. The long weekend will start April 24, and finish April 27. 3. Through previous arrangements with the Motor V. department, and the County, work will begin in the exterior offices on April 13. The county will empty a iuun in the late afternoon, and Bertron will repaint and recaroet that night and morning. The room will stand for a day, and then the County will replace the furnishings. As much work will be prefozmed in the evenings as possible. • AIA DOCUMENT A107 • SMALL CONSTRUCTION CONTRACT • JANUARY 1974 EDITION • AIMS? • ©1974 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 lhis Agreement executed the day and year first written above. OWNER- y. G7C e- .—.--,..-- CON-T.RA6-MR_ yj 5/g% Weld county Bertron Construction Inc. T Al\ DOCUMENT A107 • WAIT CONSTRUCTION CON!RACI • JANUARY 1974 EDITION • AlA® • ©1974 1111 ,\\I(RIC\N INSIIIUIE Of ARCHITECTS, 1715 NEW YORK AVE., N.W., WASHINGTON, O. C. 20006 8 Hello