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HomeMy WebLinkAbout1983-009 Agrmt - Adroit Constr.THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document AIO? Standard Form of Agreement Between Owner and Contractor where the basis o[ payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS £NCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only, with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Eighth Hundred and E1 §hty-Three day of February BETWEEN the Owner' City of Ashland City Hall Ashland, Oregon 97520 and the Contractor: Adroit Construction Company P.O. Box 609 Ashland, Oregon 97520 The Project: Ashland Service Center 1175 East Main Ashland, Oregon 97520 The Architect: The Owner and the Co Afseth, Jacobs & Schmitz Architects, A.I.A. 2950 East Barnett Road Medford, Oregon 97501 ntractor agree as set forth below. in the year of Nineteen Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be sobject to legal prosecution. AIA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · ELEVENTH EDITION · JUNE 1977 · AIA® ©1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AV'E.. N.W., VVASHINGTON, D. C. 20006 A101-1977 I ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive ot the Work as used on other Contract Documents.) Ashland Service Center, including but not limited to structural foundations, concrete slabs, metal warehouse structure of mechanical and electrical systems, metal shop structure of pad and fueling stations. fill, concrete 18.,212 S.F. with 5,160 S.F., wash ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date of the pre-construction meeting and, subject to authorized adjustments, Substantial Completion shall be achieved not later than one hundred eighty (180) days. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT ° ELEVENTH EDITION · JUNE 1977 · AIA® ©1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Six Hundred Thirty-Three Thousand Four Hundred Seven Dollars ($633,407). The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable_.) Basic Bid $527,700.00 Alternate Priority Description 33,927.00 1. #2 and #3 Water & Electric Rooms : & 5,100.00 2. #6 Wash Pad : 11,500.00 3. #7 Fuel Station : 29,980.00 4. #5 Lube Station : 13,100.00 5. #4 Corridor Wall : 7,700.00 6. #8 Interior Metal Painting: 4,400.00 TOTAL $633,407.00 (#2) (#3) ARTICLE 5 PROGRESS PAYMENTS 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 pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than fi fteen days following the end of the period covered by the Application for Payment ninety-five percent ( 95 %) of the portion o,[.the Contract Sum propeg~ allocable to labor, materials and equipment incorporated in the Work and nlneT, y-TIve percent ( :"~ %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire 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 all incomplete Work and unsettled claims as provided in the Contract Documents. (1t not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage ot completion.) Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) (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'~ principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · ELEVENTH EDITION ° JUNE 1977 ° AiA® ®1977 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions ot the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and an)/ Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) List of Contract Documents: 1. Standard Form of Agreement Between Owner and Contractor (AIA Document Al01, 1977 Edition dated February 8, 1983). 2. Instructions to Bidders (AIA Document A701). 3. General and Federal Supplementary Conditions of the Contract for Construction (AIA Document A201 and A201/SC). Zl ~nmr~l £nnditinn~ nf the £nntract for Construction. STATE OF OREGON ) County of Jackson) ss. ~ ~m~ ~~ru~ 1983 Personally appeared L. GOP~ON MEDARIS, who being sworn did say that he is the Mayor and BRIAN Lo ALMQUIST, who being sworn did say that he is the acting City Recorder, of the City of Ashland, Oregon, and that said instrument was signed in behalf of said City of Ashland by authority acknowledged said instrument Before me: of its City Council; and they to be its voluntary act and deed. \ /~Otary Public for Oregon ~ Commission expires: This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR CITY OF ASHLAND, OREGON Mayor: ~. ~,~/~/~ ~_~ Partne~'~~,_~. /~='%'~y Recor~e~:/~~,~_/~ ~ ~~ ~rtner: AIA DOCUMENT Al01 · OWNER-CONTRACTOR AG~MENT · ELEVENTH EDITION · JUNE 1977 · AIA® ~1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 ADROIT CONSTRUCTION COMPANY A101-1977 4