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Home My WebLink About941186.tiff THE AMERICA . INSTITUTE ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT f. }---- .5tkarai rVi made as of the r. h day of November in the year of Nineteen Hundred and Ninety-Four BETWEEN the Owner: Weld County Board of Commissioners (Name and address) 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 and the Contractor: R.D. Stewart, Inc. (Name and address) 1135 North Lincoln Avenue P.O. Box 1957 Loveland, Colorado 80539-1957 The Project is: Weld County Alternative Youth Shelter (Name and location) 1110 M Street, Weld Business Park Greeley, Colorado 80631 The Architect is: Bley Associates (Name and address) 2020 Clubhouse Drive Greeley, Colorado 80634 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue,N.W.,Washington, D.C.20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D.C.2(11)06 Al O1- 941186 c'J'('\o/ WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 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 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Plans and specifications as prepared by Bley Associates Addendum #1 Dated 10/17/94. Addendum #2 Dated 10/25/94. R.D. Stewart, Inc. letter Dated 11/10/94 as it relates to Value Engineering. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,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.slate that the date will he fixed in a notice to proceed.) 11/18/94 Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) 150 Days 4/18/94 Exclusive of Asphalt Paving "V_ , 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) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT •'TWELFTH EDITION• AIA® • ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9411 fin ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Six Hundred Twenty One Thousand Eight Hundred El even and No/100's. ... . .. Dollars (5 621 81 -00 ), subject to additions and deductions as provided in the Con- tract cutftent1s. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate #1 Not Accepted * #2 Accepted #3 Accepted #4 N/A #5 Accepted #6 Accepted #7 Accepted #8 Accepted #9 Accepted * Non operative Skylights enlieu of operating Skylights as addressed in R.D. Stewart, Inc. letter Dated 11/10/94. 4.3 Unit prices, if any, are as follows: AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA' • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.20008 A101-19A87 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 941156 ARTICLE 5 PROGRESS PAYMENTS 5.1 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: Last work day of the Month. 5.3 Provided an Application for Payment is received by the Architect not later than the 5th day of a month,the Owner shall make payment to the Contractor not later than the 20th 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 days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the 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 and 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. 5.5 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. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. 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 total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Five percent( 5%); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall he further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-Five percent( 95 %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: N/A. (lf it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provision for such reduction or limitation.) • AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 771E AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9411 Rg ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any, which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Not more than 30 Days. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: Change Orders to be as follows: R.D. Stewart, Inc. work costs plus overhead plus 15%. Subcontract work costs including overhead plus 10%. Change Order deduct shall be cost of deduct only. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AlA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.20006 A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9411+RC ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,ALA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,ALA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Tide Pages 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Tide Pages Weld County Alternative Homes for Youth, Greeley, Colorado Specifications as prepared by Bley Associates, Architects. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• MA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006 A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 941186 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date AO Cover Sheet 10/4/94 Al Site/Landscape Plan & Details 10/4/94 Cl Drainage Plan 10/94 A2 Foundation Plan & Details 10/4/94 A3 Main Floor Plan 10/4/94 A4 Second Floor & Roof Plan 10/4/94 A5 Elevations 10/4/94 A6 Elevations 10/4/94 A7 Sections & Details 10/4/94 A8 Sections & Details 10/4/94 A9 Interior Elevations & Details 10/4/94 A10 Finish Schedule 10/4/94 El Power & Lighting Plan 9/23/94 E2 One-Line & Notes 9/23/94 M1 Mechanical Plan 9/23/94 M2 Mechanical Plan 9/23/94 P1 Plumbing Plan 9/23/94 P2 Plumbing Plan 9/23/94 9.1.6 The addenda, if any, are as follows: Number Date Pages 1: 10/17/94 4 2 10/25/94 21 Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA• • ©1987 p101-1997 7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N,W.,WASHINGTON,D.C.2(1006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 941196 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide 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.) R.D. Stewart, Inc. Letter dated 11/10/94. Exhibit VIII-J-Labor Standards Provision of the Contract Pages VIII-J-28 through VIII-J-33 of the Specifications are specifically a part of this Contract. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNER CONTRACTOR it ttl-alaittm (Signature) I )'A ) ,l ^ ,.c c/q� (Signature) W 14- Wei 36 i t t4(yL/I�umf David B. Hall/Colorado Operations Manager (Printed name and title) Bel 0O /`Orinil, (Printed name and title) AIACAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • MA® • ©1987 p101-1987 8 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 941.19 Hello