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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND CONTRACTOR
where the Basis of Payment is a
STIPULATED SUM DESIGN-BUILD
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 24 day of APRIL in the year of Nineteen Hundred and NINETY SIX
BETWEEN the Owner: WELD COUNTY GOVERNMENT
915 10th STREET
GREELEY, CO 80632
and the Contractor: GROWLING BEAR CO. (INC.)
2330 4TH AVENUE
GREELEY, CO 80631
the Project is: WELD COUNTY CLERK AND RECORDER BUILDING#1402 COUNTER RENOVATION
WELD COUNTY SERVICES BUILDING, FT. LUPTON REMODEL OFFICE
WELD COUNTY COURTHOUSE DOOR IN ROOM 302
the Architect is: GROWLING BEAR CO. (INC.)
2330 4th AVENUE
GREELEY, CO 80631
The Owner and Contractor agree as set forth below.
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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:
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. MAY 6th 1996
(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a
notice to proceed.)
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 JUNE 15th 1996
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier
Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.)
,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.)
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
Dollars($32,737.00),subject to additions and deductions as provided in the Contract 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: NA
(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: NA
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:
5.3 Provided an Application for Payment is received by the Architect not later than the 1/15 day of a month, the Owner shall
make payment to the Contractor not later than the 15/30 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 15 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.
5.8 Subject to the provisions of the Contract Documents,the amount of each progress payment shalt be computed as follows:
5.8.1 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_percent( %); NA
5.8.3 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 Paragraph
9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be 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 100 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.
6.8 Reduction or limitation of retainage, if any,shall be as follows: NA
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages
inserted in Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here
provisions for such reduction or limitation.)
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:
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
reference 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:
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.
ARTICLE 9
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.)
This Agreement 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
WELD COUNTY GOVERNMENT GROWLING BEARR CO.(INC.)
(Signature) (Signature)
KEVIN SHIRONAKA, PRESIDENT
(Printed name and title) (Printed name and title)
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