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Home My WebLink About931088.tiff T H E AMERICAN INSTITUTE 0 _ ARCHITECTS La- 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 made as of the Eleventh day of October in the year of Nineteen Hundred and Ninety-Three BETWEEN the Owner: Weld County (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, P.O. Box 1957 Loveland, Colorado 80539-1957 The Project is: Weld County Household Hazardous Waste & Weed Control (Name and location) Building 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 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 1 !v THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1QA7 1 '7 1—0O,6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 931088 • 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: To construct a 60 x 70 masonry building with bar joists, metal deck and fully adhered EPDM roof system for the housing of hazardous household waste and weed control equipment. Contract includes associated parking lots, sitework, containment pond and landscaping. 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 dale of this Agreement or, if applicable, stale that the date will he fixed in a notice to proceed) October 18, 1993 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 JOr earlier Substantial Completion nl cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) February 28, 1994 for the building. May 1, 1994 for completion of site work and landscaping. , 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 lime.) Any material or weather delays shall extend the time of the contract by number of days accordingly. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • ALA® • ©1087 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WA5IIINGTON,D.C.20006 A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 931 than ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current fonds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Twenty-Nine Thousand Seven Hundred Seventy-Seven Dollars (f 329,777.00 ), subject to additions and deductions as provided in the Con- tract Documents. 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: N/A (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) 4.3 Unit prices, if any, are as follows: $15.00 per lineal foot for electrical service from unknown transformer location to building. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 931.093 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: The last work day of the month. 5.3 Provided an Appgcion for Payment is received by the Architect not later than the the 20th day of a monath the Owner shall make payment to the Contractor not later than sday of the 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 1 5 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 he 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 ten percent ( 10 %).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 locatimagrced upon in writing),less retainage of ten percent( %); 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: 5.711lnoffug Completion Work, a sum sufficient Substantial of the fficient to increase the total paygorrts to 77 percent( %)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 he as follows: (lf it is intended,prior to Substantial tial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in.Subpara- graphs 5.6 I and 5.6.2 above,c and this is not explained clseubere in the Contract Documents, insert here provisions for such reduction or[imitation) Retainage shall be released for each specific area completed immediately upon completion of said area, per schedule of values, down to five percent (5%). AIA DOCUMENT A101 • OWNER-CONTRAC'T'OR AGREEMENT • TWELFTH EDITION • A1A° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENGE,N.W.,WASHINGTON,D.C.20006 A101-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. fnoQ 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 he 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 work costs including overhead plus 15% Subcontract work costs including overhead plus 10% Change Order deduct shall be cost of the 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• AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 931 nnq 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 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 Title Pages Weld County Household Hazardous Waste & Weed Control Building, Greeley Colorado Specifications as prepared by Bley Associates, Architects. • 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 A101-19�877�� 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 93. 104j9 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 Bley Associates, Architects Al Revised Site Plan & Details Bley Associaes, Architects Cl Site Drainage & Grading KLH-MUL Engineering A2 Foundation Plan & Detail Bley Associates, Architects A3 Floor Plan & Details Bley Associates, Architects A4 Roof Plan Bley Associates, Architects A5 Elevations & Schedules Bley Associates, Architects A6 Elevations & Door Details Bley Associates, Architects A7 Sections & Details Bley Associates, Architects A8 Structural Details Bley Associates, Architects A9 Structural Notes Bley Associates, Architects P1 Plumbing Plan Bley Associates, Architects M1 Mechanical Plan Bley Associates, Architects M2 Mechanical Details Bley Associates, Architects El Electrical Lighting Plan Bley Associates, Architects E2 Power Plan Bley Associates, Architects E3 Electrical Bley Associates, Architects 9.1.6 The addenda, if any are as follows: Number Date Pages #1 August 6, 1993 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® • ©I9µ7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW,WASHINGTON,D.C.21)006 A101-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 9 31 f Q74 • 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: ements such (List here any ntr additional invitation documentsbid, which I are t intended td form ampart le f the Contrad orms and therCor t actor'tS.s h d a he eenot par Conditions t of th c ntract Documents unle s enume ated iasn ads Ag reemen or hey sh o l to ei Nonl fo Bdders, p f in this Agreement. They should be listed here only if intended to be part of the Contract Documents) 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. Weld County R. D. Stewart, Inc. OWNER -�-- CONTRACTOR (Signature) /0/.ze/f.3 (Signature) David Hall, Colorado Operations Manager Constance L. Harbert, Chairman (Printed name and title) (Printed name and title) Board of County Commissioners 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 • AIAs • ©1987 A101-1987 8 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.200116 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 931089 BLEY ASSOCIATES ARCHITL 'S LC44CE JIB 4Gp�mG�p44lp[� 2O2O Clubhouse Drive GREELEY, COLORADO 8O634 DATE JOB NO. (303) 330-3322 10-1a-93 9308 Fax (303) 330-2919 ATTENTIONPat Persichino TO Weld County Centennial Center RE Weld County Hazardous Waste Building 915 10th Street Greeley, Colorado 80631 WE ARE SENDING YOU M Attached ❑ Under separate cover via the following items: O Shop drawings ❑ Prints 0 Plans 0 Samples 0 Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION AIA Document A101 from R.D. Stewart, General Contractor for a above referenced proiect THESE ARE TRANSMITTED as checked below: O For approval 0 Approved as submitted 0 Resubmit copies for approval fJ For your use 0 Approved as noted 0 Submit copies for distribution > ❑ As requested 0 Returned for corrections 0 Return corrected prints ❑ For review and comment 0 ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Sign both conies. Return one to R.D. Stewart; retain one for your records. We have already retained one cony for our records. �/ `0j� C,G - 1611A#P f COPY TO 0 40%Pro-Consumer Content•10%Post-Consumer Content SIG S If enclosures are not as noted, klicutitity us at once. MISR- R. D. STEWART, INC. GENERAL CONTRACTORS * 4 DESIGN — BUILD gSke\f P.O. Box 1957 11135 North Lincoln Ave.,Suite 1 I Loveland,Colorado 80539-1957 TELEPHONE NUMBER (303) 669-1500 I FAX NUMBER (303) 669-3558 TRANSMITTAL DATE: October 12, 1993 Page 1 of 4 TO: Mr. John Sohl Bley Associates, Architects 2020 Clubhouse Drive Greeley, Colorado 80634 FROM: Paul McWilliams Project Manager REFERENCE: Weld County Household Hazardous Waste & Weed Control Building Greeley, Colorado SUBJECT: AIA Document A101 Stipulated Sum Standard Form of Agreement Between Owner and Contractor Please find enclosed three signed originals of AIA Document A101 for the above referenced project. Please sign all three originals and return one signed original to our office. Thank you. PM/tdb BA-T.012 Home Office: P.O. Box 558 1816 Lee Street I Marshalltown, Iowa 50158-0558 931999 Hello