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Home My WebLink About940552.tiff T H E AMERICA INSTITUTE 7 ARCHITECTS v•�l�i by AlA 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 AlA 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 made as of the Twenty Third day of may in the year of Nineteen Hundred and Ninety Four BETWEEN the Owner: Weld County Department of Purchasing (Name and address) 915 Tenth Street Greeley, Colorado 80631 and the Contractor: Blazer Waterproofing Systems, Inc. (Name and address) 14102 East Smith Drive Aurora, Colorado 80011 The Project is: Weld County Plaza Renovation (Name and location) 915 Tenth Street Greeley, Colorado 80631 The Architect is: Bley Associates, Architects (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 AlA violates the copyright laws of the United States and will he subject to legal prosecution. AlA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWEI.FTII EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. r940552 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: A. CHANGED CONDITIONS OR DIF'rE:RING SITE CONDITIONS, EITHER THOSE WHICH WERE NOT ORIGINALLY REPRESENTED ON THE PLANS OR IN THE SPECIFICATIONS, OR THOSE WHICH MAY RF ENCOUNTERED AND GENERALLY NOT RECOGNIZED AS INHERENT IN THE PARTICULAR TYPE OF WORK WILL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT AND/OR OWNER'S REPRESENTATIVE FOR EVALUATION AND ACTION, B. ADDITIONAL WORK, AS DIRECTED BY THE ARCHITECT AND/OR OWNER'S REPRESENTATIVE, WILL BE NEGOTIPdEU BETWEEN THE ARCHITECT AND/OR OWNER AND THE CONTRACTOR. 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 dale of commencement, if it differs from the dale of this Agreement t a', if applicable, slate that the date'Ill he fixed in a notice to proceed.) MOBILIZATION OF PROTECT SHALL COMMENCE ON OR ABOUT JUNE 13, 1994, WITH THE CaMZENCIIIE[VT OF WORK TO BEGIN WITHIN SEVEN (7) DAYS OF JUNE 13, 1994. 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 requirementsfor earlier Substantial Completion of cer- tain portions of the Work, if not staled elsewhere inthe Ihntract Documents.) DECEMBER 31, 1994, OR AS MUTUALLY AGREED TO BY THE OWNER AND CONTRACTOR. , 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_) THERE WILL BE NO LIQUIDATED DAMAGES ASSESSED THE CONTRACTOR BY THE OWNER. . AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • ALA® • ©1987 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. 940552 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 *r**********************SIX HUNDRED EIGHTY EIGHT THOUSAND SEVEN HUNDRED Dollars ($ 688 700.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternatcs, 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 he 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.) PHASE I BASE BID OF $439,000.00 PLUS ALTERNATE NUMBER TWO AT $17,000.00. PHASE II BASE BID OF $223,000.00 PLUS ALTERNATE NUMBER TWO AT $9,700.00. 4.3 Unit prices, if any, are as follows: NOT APPLICABLE, AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.200O6 A101-1987 3 „, WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940552 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall he one calendar month ending on the last day of the month,or as follows: PAY PERIODS SHALL BE BI_M0NT HEY, OCCURSNG ON OR ABOUT THE FIFTEENTH AND THEN ON OR ABOUT THE THIRTIETH OF EACH MONTH• 5.3 Provided an Application for Payment is received by the Architect not later than/$V THREE DAYS PRIOR TO THE FIFTEENTH AND/OR THIRTIETH day of a month,the Owner shall make payment to the Contractor not later than the TWENTY WE dad.cat4t��-__-.-^___waptla.-lE:uiApWie',atl(yt..f�c Ardeiteet-after-the-mprylita ,rt-fac.1 ebeve+; �i:o+eatic r«P+vedhg.tlae #3x5`rpertPs4ae}1.:Ete-sNa�e�y.a=gc+�wweE-no‘latce-thaa T days after the Architect receives the Application for Payment.pp IF TTHHEE CO PA UBMITSBA LATE PL CAT ON FOP_ ➢T hPfIE upon TECIT, _r f6 PRC �7pr a A _ F,tc t App Icatlon or tyment s to )e lsed upon t)e se xdu c o va ues su mlttec y t e ontraetor m ace-orcTanee wRFi Tom- ID �the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work CON and he prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,TRACTOR, unless objected to by the Architect, shall he 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 he 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 TEN(10) percent ( 10 %).Pending final determination of cost the Owner of changes in the Work,amounts not in the dispute maybe 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 TEN (10) percent( 10 %j; 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 ONE HUNDRED percent(100 %)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: (If it is intended,pricer to,Substantial to mpl lion of the entire VYStrk. to reduce or limit ate retainage resulting from the percentages inserted in subpar'a- 6ra(bs 5.6 !anti 5.6.2 above.e and this is nol erplai ea eLeu berg in We L'omracl Documents, insert here prof tsiunrc for such reduction or limitation.) UPON SATISFACTORY CLETI0N OF 50% OF THE CONTRACT SUM, THE OWNER SHALL REDUCE THE AMOUNT OF RETAINAGE TO FIVE (5) PERCENT FOR THE REMAINDER OF THE PROJECT, NOT TO EXCEED $34,435.00 FOR THE BASE CONTRACT AMOUNT, PHASES I AND II PLUS ALTERNATE TWO. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAG • ©1987 THE AMERICAN INSTI'rluTE oeARCIIII'ECT5, 1755 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940552 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(I) 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: FINAL PAYMENT TO THE CONTRACTOR SHALL BE MADE NCYT MORE. THAN 30 DAYS AFTER THE OWNER ADVERTISES THE PROJECT FOR FINAL PAYMENT TO THE CONTRACTOR, 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, of any) PAYMENTS DUE AND UNPAID UNDER THE CONTRACT SHALL BEAR INTEREST FROM THE DATE PAYMENT IS DUE AT THE LEGAL RATE PREVAILING FRCM TIME TO TIME AT THE PLACE WHERE THE PROJECT IS LOCATED, (Usury laws and requirements under the Federal Truth in Lending Act,similar stale 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 he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: 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 • AIA° • Cc)1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.20006 A1011-11987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940552 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,AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract arc those contained in the Project Manual dated NO DATE IDENTIFIED ON DOCUMENTS , and are as follows: Document Title SPEC IFICA`T'IONS WELD COUNTY PLAZA Pages RENOVATIONS ALL DRAWINGS WELD COUNTY PLAZA AO COVER SHEET & INDEX RENOVATIONS Al DEMOLITION PLAN A2 PLAZA PLAN & NOTES A3 LANDSCAPE PLANS A4 DETAILS & NOTES A5 DETAILS & NOTES A6 LIGHTING PLAN ADDENDUM NO. 1, DATED APRIL 26, 1994 ADDENDUM NO. 2, DATED MAY 2, 1994 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 Specz/icattons here or refer to an exhibit asached to Ibis Agreement I Section Title Pages SEE ATTACHMENT "A" TABLE OF CONTENTS TC-1 AND 'IC-2 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVFNIIE,N.W.,WASHINGTON,D.C.201106 A701-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940552 9.1.5 The Drawings are as follows, and arc dated unless a different date is shown below: (!![her(Lc(the Drawings here or re/er(n an exhibit attached to this Agreement Number Title Date AO COVER SHEET & INDEX 4/13/94 Al DEMOLITION PLAN 4/13/94 A2 PLAZA PLAN & NOTES 4/13/94 A3 LANDSCAPE PLANS 4/13/94 A4 DETAILS & NOTES 4/13/94 A5 DETAILS & NOTES 4/13/94 A6 LIGHTING PLAN 4/13/94 9.1.6 The addenda, if any, are as follows: Number Date Pages ONE (1) APRIL 26, 1994 ALL TWO (2) MAY 2, 1994 AL L 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. MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AR® • ©1987 TI IE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE,N.W.,WASHINGTON,I).C.20006 A701-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940552 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 tithe Contract Documents. The General Conditions provide that bidding requirements such as advertisement or incitation to bid,Instructions to Bidders,sample forms and the Contractor's hid are not part tithe Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to he part of the Contract Documents.) A. ADVERTISEMENT FOR BIDS (2PAGES) B. INSTRUCTIONS TO BIDDERS (DOCUMENT 00100, PAGES 1-6). C. AGREEMENT FORM (DOCUMENT 00500--:1 1 PAGE) D. BID FORM (AS MODIFILD BY ADDENDUM) E. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND (DOCUMENT 00610 & 00620 - 2 PAGES) F. GENERAL CONDITIONS: AIA DOCUMENT A201, 1987 EDITION (DOCUMENT 00700 — 1 PAGE) 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 • JIJ /12� riW — (Signature) � Uri 1/1, & 1 ahqrh-tlzm.i., I3C( %Wo7 tJ• �rGP&4'4/ L�.Pc . ) (Printed name and title) CU dryn FM SS iUt es S (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• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 940552. ATTACHMENT "A" TABLE OF CONTENTS BIDDING REQUIREMENTS Advertisement for Bids 00100 - Instructions To Bidders 00500 - Agreement Form Bid Form 00610/00620 - Performance Bond and Labor and Material Payment Bond 00700 - General Conditions DIVISION 1 - GENERAL REQUIREMENTS Verification of Existing Conditions 01010 - Summary of Work 01030 - Description of Alternates 01080 - Applicable Codes 01300 - Submittals 01500 - Temporary Facilities and Control 01600 - Material and Equipment 01700 - Project Closeout 01740 - Warranties and Bonds DIVISION 2 - SITEWORK 02110 - Demolition 02111 - Clearing 02200 - Earthwork J 02210 - Site Grading 02220 - Backfilling 02221 - Trenching, Backfilling and Compaction J 02260 - Finish Grading 02500 - Storm Drainage System 02620 - Concrete Walks, Curb and Gutter 02750 - Underground Sprinkler System + 02932 - Sodding 02950 - Trees, Plants and Ground Cover DIVISION 3 - CONCRETE 03010 - Concrete Color Coat Topping 03300 - Cast-In-place Concrete JJ 03345 - Concrete Finishes DIVISION 5 - METALS 05100 - Structural and Miscellaneous Metals TABLE OF CONTENTS TC - 1 940552 �.. .. ,��. ��KyM� .. -,gw. .♦M'u.s.t• WYY3ddYYWNwanauna var nax.nu`w.�.... .s.� .�. ATTACHMENT "An DIVISION 6 - Woods and Plastics - Not Used DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07100 - Liquid Membrane Waterproofing 07110 - Sheet Waterproof Membrane System (Alternate 1) 07112 - Hot-Applied Rubberized Asphalt Waterproofing 07900 - Sealants and Caulking DIVISION 8 - DOORS AND WINDOWS - Not Used DIVISION 9 - FINISHES 09900 - Painting DIVISION 10 - SPECIALTIES J 10401 - Architectural Letters 1 DIVISION 11 - EQUIPMENT - Not Used DIVISION 12 - 14 - Not Used DIVISION 15 -Mechanical - Not Used J DIVISION 16 - Electrical Light Fixture Cut Sheets General Electrical Specifications J 7 TABLE OF CONTENTS TC - 2 7 940552 INSTRUCTION SHEET FOR AIA DOCUMENT A101, STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR where the Basis of Payment is a STIPULATED SUM--1987 EDITION A. GENERAL INFORMATION 1. Purpose AIA Document A101 is intended,for use on construction projects where the basis of payment is a stipulated sum(fixed price). It is suitable for any arrangement between the Owner and Contractor where the cost has been set in advance,either by bidding or by negotiation. 2. Related Documents This document has been preparedfor use in conjunction with the 1987 edition of AIA Document A201,General Conditions of the Contract for Construction,which iti adopted into A101 by a specific reference.This integrated set of documents is suitable for most projects; however, for projects q limited scope, use of AIA Document A107 may be considered. The A101 document may be used as one part of the Contract Documents which record the Contract for Construction between the Owner and the Contractor. The,Other Contract Documents are: General Conditions(i.e., A201) Supplementary Conditions Drawings Specifications Modifications Although the AIA does not produce standard documents for Supplementary Conditions, Drawings or Specifications, a variety of model and guide documents areavailable, including AIA's MASTERSPEC. 3. Arbitration This document incorporates ARBITRATION by adoption of MA Document A201,which provides for arbitration according to the Construction Industry Arbitration Rules of the American Arbitration Association. Arbitration is BINDING AND MANDATORY in most states and under the federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable, but arbitration is errfOtceable if agreed to after the dispute arises. A few states require that the contracting parties be especially notified that the writtetl'contract contains an arbitration provision by: a warning on the face of the document,specific placement of the arbitration provision within the document or specific discussions among the parties prior to signing the document. Arbitration provisions have been included in most AIA contract forms since 1888 in order to encourage alternative dispute resolu- tion procedures and to provide users of AIA documents with legally enforceable arbitration provisions when the parties choose to adopt arbitration into their contract. Individuals may, however,choose to delete the arbitration provisions based upon their busi- ness decisions with the advice of counsel. To obtain a copy of the Construction Industry Arbitration Rules, write the American Arbitration Association, 140 West 51st Street, New York, NY 10020. 4. Use of Non-AIA Forms If a combination of AIA document;and non-AIA documents is to be used,particular care must be taken to achieve consistency of language and intent.Certain owners require the use of owner-contractor agreements and other contract forms which they prepare. Such forms should be carefully cofpared with the standard AIA forms for which they are being substituted before execution of an agreement.If there are any significant omissions,additions or variances from the terms of the related standard AIA forms,both legal and insurance counsel should be iconsulted. 5. Letter Forms of Agreement Letter forms of agreement are generally discouraged by the AIA,as is the performance of a part or the whole of the Work on the basis of oral agreements or under$tandings. The standard AIA agreement forms have been developed through more than seventy- five years of experience and havebeen tested repeatedly in the courts.In addition,the standard forms have been carefully coordin- ated with other AIA documents. ; 6. Use of Current Documents Prior to using any ALA document,the user should consult the AIA,an AlA component chapter or a current AIA Documents Price List to determine the current edition of each document. 7. Limited License for Reproduction AIA Document A101 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The.A101 document is intended to be used as a consumable—that is, the original document pur- chased by the user is intended to be consumed in the course of being used.There is no Implied permission to reproduce this docu- ment, nor does membership in The American Institute of Architects confer any further rights to reproduce them. A limited license is hereby granted to retail purchasers to reproduce a maximum of ten copies of a completed or executed A101,but only for use in connection with a particular Project. A101 may not be reproduced for Project Manuals. Rather, if a user wishes to INSTRUCTION SHEET FOR AIA DOCUMENT A101--•1987 EDITION•AIA® •TIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.20006 1 include it as an example in a Pre. .Manual, the normal practice is to purchase a qua.. .g of the pre-printed forms and hind one in each of the Project Manuals.PartiaJ.modifications,if any,may be accomplished without completing the form by using separate Sup- plementary Conditions. Upon reaching agreement concerning the Contract Sum and other conditions,the form may be removed from the manual and such information, except for the signgtWres, may be added to the blank spaces of the form. The user may then reproduce up to ten copies to facilitate the execution(atoning)of multiple original copies of the form,or for other administrative purposes in connection with a particular Project.Please note that at least three original copies of A101 should be signed by the parties as required by the last provision of A101. B. CHANGES FROM THE PREVIOUS EDITION 1. Format Changes Two new articles have been added Article 8, Termination or Suspension; and Article 9, Enumeration of Contract Documents. 2. Changes in Content The 1987 edition of A101 revises-the 1977 edition to reflect changes made in the most recent (1987) edition of A201. It incor- porates alterations proposed by architects,contractors,owners and professional consultants. The following are some of the signifi- cant changes made to the contentsifrom the 1977 edition of A101: Article 1: A specific statement hg's been added that the Contract represents the entire agreement between the parties,supersed- ing previous negotiations and writings. Article 2: Space has been provided to describe any exceptions to the description of Contractor's scope of Work. Article 3: In the title of this ankle, "Time of Commencement" has been changed to "Date of Commencement." Article 4: Space has been provided for insertion of the amounts relating to alternates and unit prices. Article 5: The Progress Payments article has been substantially rewritten and expanded. Detailed directions have been added on how and when payments shall be calculated and applied for. Article 6: Further details have been added to clarify the conditions under which final payment shall be made by the Owner. Article 7: The reference to definitions contained in the Conditions of the Contract has been deleted because the A201 docu- ment is now specifically adopted.Eby reference under Article 9. Article 8: This is a new article containing references to the General Conditions. Article 9: This article is new. 114.8101 Document and the A201 Document are explicitly enumerated as parts of the Contract Documents. Spaces are provided!or information specifically identifying the other Contract Documents, including the Supple- mentary Conditions, Specifications, Drawings and Addenda, if any. Signature Page: It is noted above the signature lines that this agreement is executed on at least three original copies. See the instructions pertaining to Limitet{lticense for Reproduction. C. COMPLETING THE A101 FORM • 1. Prospective bidders should be informal of any additional provisions which may be included in A101,such as liquidated damages or provisions for stored materials, by an appropriate notice in the Bidding Documents and the Supplementary Conditions. 2. Modifications Users are encouraged to consult an attorney before completing an AIA document.Particularly with respect to contractor's licensing • laws, duties imposed by building code',interest charges,arbitration and indemnification,this document may require modification with the assistance of legal counsel to=Afully comply with state or local laws regulating these matters. Generally, necessary modifications maybe accomplished by writing or typing the appropriate terms in the blank spaces provided on the form or by Supplementary Conditions,special conditions or amendments included in the Project Manual and referenced in this document. The form may also *modified by striking out language directly on the original pre-printed form. Care must be taken in making these kinds of deletions, however. Under NO circumstances should pre-printed language be struck out in such a way as to render it illegible(as, for exateple,with blocking tape,correction fluid or X's that completely obscure the text). This may raise suspicions of fraudulent concealment or suggest that the completed and signed document has been tampered with.Handwrit- ten changes should be initialed by both parties to the contract. It is definitely not recommended practice to retype the standard document.Besides being outside the limited license for reproduc- tion granted under these Instructions,retyping can introduce typographical errors and cloud the legal interpretation given to a stan- dard clause when blended with modlfCations. Retyping eliminates one of the principal advantages of the standard form documents. By merely reviewing the modifications to be made to a standard form document, pasties familiar with that document can quickly understand the essence of the proposed rela- tionship. Commercial exchanges are gMatly simplified and expedited, good-faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny. In dna'way, contracting parties can more fairly measure their risks. 3. Cover Page Date: The date represents the dare the;Agreement becomes effective. It may be the date that an oral agreement was reached, the date the Agreement was originally submitted to the owner,the date authorizing action was taken or the date of actual execution. It 2 INSTRUCTION SHEET FOR AKDOCUMENT A101. 1987 EDITION•Me •Tue AMERICAN INSTITUTE OF ARCHITECTS, 1-'35 NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006 940552 will be the date from which the _,antract Time is measured unless a different date s .serted under Paragraph 3.1. Identification of Parties: Parties in this Agreement should be identified using the full'address and legal name under which the Agreement is to be executed,incldding a designation of the legal status of both parties[sole proprietorship,partnership,joint ven- ture, unincorporated association,limited partnership or corporation [general, closed or professional], etc.). Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Project Description: The proposed Project should be described in sufficient detail to'.identify(1) the official name or title of the facility, (2)the location of the site,if known, (3)the proposed building type and usage, and(4)the size, capacity or scope of the Project, if known. Architect: As in the other Contract Documents, the Architect's full legal or corporate titles should be used. 4. Article 1—The Contract Documents The Contract Documents must be enumerated in detail in Article 9. The Contractor's bid itself may be incorporated into the Con- tract; similarly, other bidding documents, bonds, etc., may be incorporated, especially in public work. 5. Article 2—The Work of This Contract Portions of the Work which are the responsibility of persons other than the Contractor and which have not been otherwise indi- cated should be listed here. 6. Article 3—Date of Commencemint and Substantial Completion The following items should be included as appropriate: Paragraph 3.1 The date of commencement of the-Work should be inserted if it is different from the date of the Agreement.It should not be earlier than the date of execution(signing)of the Contract.After the first sentence,enter either the specific date of commencement of the Work,or if a notice to proceed is tb be used,enter the sentence, "The date of commencement shall be stipulated by the notice to proceed" When time of performance Ls to he strictly enforced, the statement of starting time should be carefully weighed. Paragraph 3.2 The time within which Substantial Completion of the Work is to be achieved may be expressed as a number of days(preferably calendar days) Or as a specified ditte. Any requirements for earlier Substantial Completion of portions of the Work should be entered here if not specified elsewhere in the Contract Documents. Also insert any provisions for liquidated damages relating to failure to complete on time:'Liquidated damages are not a penalty to be inflicted on the Contractor,but mtat bear an actual and reasonably estimable relationship to the Owner's loss if construction is not completed on time. If liquidated damages are to be assessed because delayed construction will result in actual loss to the Owner, the amount of damages due for each day lost should be entered in the Supplementary 'Conditions or the Agreement.Factors such as confidentiality or the need to inform Subcontractors about the amount of liquidated damages will help determine the location chosen. The provision for liquidated damages,which should he carefully reviewed or drafted by the Owner's attorney,may be as follows: The Contractor and the Contractor's surety,if any,shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: Dollars S ) For further information on liquidated damages,penalties and bonus provisions,see AIA Document A5l 1,Guide for Supplementary Conditions, Paragraph 9.11. 7. Article 4—Contract Sum Paragraph 4.1 Enter the Contract Sum payable to the Contractor. Paragraph 4.2 Identify any alternates described in.the Contract Documents and accepted by the Owner. If decisions on alternates are to he made subsequent to execution of A101,attach a schedule showing the amount of each alternate and the date until which that amount is valid Paragraph 4.3 Enter any unit prices, cash allowances or cash contingency allowances. If unit prices are not covered in greater detail elsewhere in the Contract Documents, the following provision for unit prices is suggested: The unit prices listed below shall determine the value of extra Work or changes in the Work,as applicable.They shall be con- sidered complete and shall incltid.e all material and equipment,labor, installation costs,overhead and profit. Unit prices shall he used uniformly for additions or deductions. Specific allowances for overhead and profit on Change Orders may he included under this paragraph to forestall disputes over future Change Order costs. 8. Article 5—Progress Payments Paragraph 5.2 Insert the time period covered by each Application for Payment if it differs from the one given. INSTRUCTION SHEET FOR AIA DOCUMENT A101•1987 EDITION•.A1Av •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVQNUE, N.W., WASHINGTON. D.C. 20006 3 94055" Paragraph 5.3 Insert the time schedule for presenting Applications for Payment.Insert the day of the month progress payments are due,indicating whether such day is to be in the same or the following month after receipt by the Architect of the relevant Application for Payment. The last day upon which Work may be included in an Application should normally be-no less than 14 days prior to the payment date, in consideration of the 7 days required for the Architect's evaluation of an Application and issuance of a Certificate for Pay- ment and the time subsequently accorded the Owner to make payment in Article 9 of A201.The Contractor may prefer a few addi- tional days to prepare the Application. Due dates for payment should be acceptable to both the Owner and Contractor.They should allow sufficient time for the Contrac- tor to prepare an Application for Payment,for the Architect to certify payment,and for the Owner to make payment.They should also be in accordance with time limits established by this Article and Article 9 of A201. Subparagraph 5.6.1 Indicate the percent retainage, if any, to be withheld when computing the amount of each progress payment. The Owner frequently pays the Contractor 90 percent of the earned sum when payments fall due, retaining 10 percent to ensure faithful performance. These percentages may vary with circumstances and localities:The MA endorses the practice of reducing retainage as rapidly as possible,consistent with the continued protection of all affected parties. See AIA Document A511,Guide for Supplementary Conditions, for a complete discussion. Subparagraph 5.6.2 Insert any additional retainage to be withheld from that portion of the Contract Sum allocable to materials and equipment stored at the site. Payment for materials stored off the site should be provided for in a specific agreement and enumerated in Paragraph 7.3. Provi- sions regarding transportation to the site and insurance protecting Owner's interests should be included. Subparagraph 5.7.1 Enter the percentage of the Contract Sum to be paid to the Contractor upon Substantial Completion. Paragraph 5.8 Describe any arrangements to reduce or limit retainages indicated in Subparagraphs 5.6.1 and 5.6.2, if not explained elsewhere in the Contract Documents. A provision for reducing retainage should provide that the reduction will be made only if the Architect judges that the Work is pro- gressing satisfactorily. If the Contractor has furnished a bond, demonstration of the surety's consent to reduction in or partial release of retainage must he provided before such reduction is effected. Use of AIADocument G707A is recommended. 9. Article 6—Final Payment Insert the date by which Owner shall make final payment, if it differs from the one stated. When final payment is requested, the Architect should ascertain that all claims have;been settled or should define those which remain unsettled.The Architect should obtain the Contractor's certification required by Article 9 of A201 and must determine that, to the best of the Architect's knowledge and belief and according to final inspection,the requirements of the Contract have been fulfilled. 10. Article 7—Miscellaneous Provisions Paragraph 7.2 Enter any agreed-upon interest rate due on overdue payments. Paragraph 7.3 Insert other provisions here. 11. Article 9—Enumeration of Contract Documents A detailed enumeration of all Contract Documents must be made in this Article. D. EXECUTION OF THE AGREEMENT The Agreement should be executed in not less than triplicate by the Owner and the Contractor.Each person executing the Agreement should indicate the capacity in which they are acting(i.e.,president, secretary, partner,etc.)and the authority under which they are executing the Agreement. Where appropriate,a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. INSTRUCTION SHEET FOR AIA DOCUMENT A101 • 1987 EDITION•AIA° •THE AMERICAN 4 INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 940552 Hello