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HomeMy WebLinkAboutGardiner Community CenterI/ 4 ttr 11- 31r 4 't THE AMERICAN INSTITUTE OF ARCHITECTS 1 if* A/A Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT Es) ITS COMPLETION OR MODII!CATION Use only with the latest 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 this 27th day of March in the year of Nineteen Hundred and seventy-nine BETWEEN the Owner: Jefferson County and the Contractor: MELCO INC. the Project: Gardiner Community Center at Gardiner, Washington the Architect: Johnston Associates • The Owner and the Contractor agree as set forth below. VOL 1. pv1537 iviAR 2 31979 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. 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 The Prime Contract (here insert the caption descriptive of the Work as used on other Contract Documents.) (including Mechanical, Electrical and all other sub-Contracts) for the provision of all labor, material, equipment, transportation and services necessary to complete the building. Site and utility work as indicated. ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced within (5) days of Architect's "Notice to PROCEED". and completed 120 consecutive calendar days thereafter. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) Contractor agrees to pay liquidated damages in the sum of ($100) one hundred dollars for each consecutive calendar day thereafter as provided in Section 00300 Supplementary General Conditions, Item 1.08. MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ®1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 2 • ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of$136,000.00 One hundred thirty-six thousand dollars. (State here the lump sum amount, unit prices.or both,as desired.) 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 Suet to the Contractor as pro- vided in the Conditions of the Contract as follows: On or about the First day of each month Ninety per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety per cent 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 by the parties, up to Thirty days prior to the date on which the Application for Payment is submitted, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to Ninety per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. See Note below rlf not coveted elsewhere_ in the Contract Documents, here insert any provision for limiting or reducing the amount retained alter the tN,,r& reache,a,main stage of completion.) Supplementary General Conditions - Section 00300 - Item 1.07 modifys the above, upon good performance by the Contractor, to certify and pay 100% payments after 50 per cent of the work has been completed. Increasing the aggregate sum paid to 95 per cent upon substantial completion and continued good work. Vvoi rk-_5 9 Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the place of the Project. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIAO • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. In accordance with Article 9.9 General Conditions of the Contract for Construction. 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, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) a.. Agreement entitled "Owner-Contractor Agreement" Form, A.Z.A. Form No. A-101 (6/77) Edition. b. General Conditions of the Contract for The Construction Form No. 201 (8/76 Edition) . c. Performance Bond and Labor and Material Payment Bond (A.I.A. Form No. 311 2/70 Edition) . d. Plans entitled "Gardiner Community Center" (Pages A-I through A-5, M-I and E-I and E-2) . e. Specifications entitled "Gardiner Community Center" and all sections and divisions listed in the index thereof. f. Addenda, #R-1 , enumerated during the bidding and modifying the plans and specifications. This Agreement executed the day and year first written above. OWNER CONTRACTOR Jefferson County MELCO INC. A. M. O'Meara - Chairman 0. M. Hendrickson - President 0 ik, /" AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • MA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,•WASHINGTON, D.C. 20006 4 kvot I PA :540 14 March 1979 MELCO ILi . P. 0. Sox 1567 Sequin, Washington 98382 RE: GARDINIR COIG(UP iTY (ENTER Gent lenen: We are happy to inform you that the County Commissioners in regular session on March 12, 1979 have awarded to you a Contract. Enclosed you will find 4 copies of the Contract Agreement for your signatures. Return all copies to us when you have signed and we will transmit to Jefferson County, for review as to form and signature. Also enclosed are 4 copies of the Perfermence bond form and Labor and Materiel bond forts specified. These are blank and are to be transmitted to your bonding Company for execution and completion. Make sure that your Insurance Company has Section 00300 Supplementary General Conditions, Item 1.09. This contains the insurance requirements in detail. We are also enclosing a copy of the A.I.A. General Conditions of the Contract for construction for your use. Completed Insurance and Road Forms as well as completed Contract are necessary before the Architect can issue ' otice To Proceed" Tour expeditious handling of the above matter will be most important. Sincerely, David A. Johnston A.I.A. DAJ!j3 RIIICLOSDRIS: 4 Contractor Agreements 4 Mod Forms 1 General Conditions iVOL t PA-_541 MA z 3 1979 Nt N. ,,.« 4�r►.w W.: L44. \.r►�p.J1 .. t 4 it)._ tt • L L. h . isinbey Yti« 'Mt G...k.i.r{ 1.w,J 4 r:.sat«..a 1, %Iva ' .