THE AMERICAN INSTITUTE OF ARCHITECTS
AIA DOCUMENT A111
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is the
COST OF THE WORK PLUS A FEE
with or without a Guaranteed Maximum Price
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 fifteenth day of June in the year of
Nineteen Hundred and ninety five
BETWEEN the Owner: Pacific Capital Bancorp
(Name and address) 1001 S. Main Street
Salinas, CA 93901
and the Contractor: Daniels & House Construction Co.
(Name and address) P.0. Box 1470
Monterey, CA 93942
the Project is: Renovation of existing building and construction of
(Name and address) new addition: for First National Bank of Central
California at 1001 S. Main Street Salinas, CA 93901
the Architect is: HBFL Architects
(Name and address) 380 Main Street
Salinas, CA 93901
The Owner and Contractor agree as set forth below.
Copyright 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1971, 1978, (c)1987 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 written permission of the AIA violates the copyright laws of
the United States and will be subject to legal prosecution.
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AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 1
ARTICLE I
THE CONTRACT DOCUMENTS
1.1 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 16. If anything
in the other Contract Documents is inconsistent with this Agreement, this
Agreement shall govern.
ARTICLE 2
THE WORK OF THIS CONTRACT
2.1 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:
The renovation of the existing bank building and construction of a new
addition as described in the contract documents prepared by HBFL Architect.
Work to include associated demolition, sitework and construction.
Preparation of a temporary banking facility, parking lot and associated
utilities shall be the responsibility of the owner.
ARTICLE 3
RELATIONSHIP OF THE PARTIES
3.1 The contractor accepts the relationship of trust and confidence established
by this Agreement and covenants with the Owner to cooperate with the Architect
and utilize the Contractor's best skill, efforts and judgment in furthering the
interests of the Owner; to furnish efficient business administration and
supervision; to make best efforts to furnish at all times an adequate supply of
workers and materials; and to perform the Work in the best way and most
expeditious and economical manner consistent with the interests of the Owner.
The Owner agrees to exercise best efforts to enable the contractor to perform
the Work in the best way and most expeditious manner by furnishing and approving
in a timely way information required by the Contractor and making payments to
the Contractor in accordance with requirements of the Contract Documents.
ARTICLE 4
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1 The date of commencement is the date from which the contract Time of
Subparagraph 4.2 is measured; it 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 date of this Agreement
or, if applicable, state that the date will be fixed in a notice to proceed.)
Date of commencement shall be on or about June 26, 1995, unless modified by
subsequent notices 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.
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AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 2
4.2 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 for earlier Substantial Completion of
certain portions of the Work, if not stated elsewhere in the Contract
Documents.)
Substantial completion of the renovation and new construction shall be
achieved on or before May 1, 1996.
, 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 5
CONTRACT SUM
5.1 The Owner shall pay the Contractor in current funds for the Contractor's
performance of the contract the Contract Sum consisting of the cost of the Work
as defined in Article 7 and the contractor's Fee determined as follows:
(State a lump sum, percentage of Cost of the Work or other provision for
determining the contractor's Fee, and explain how the Contractor's Fee is to be
adjusted for changes in the Work.)
The contractor's fee shall be six & one half percent (6.5%) of the cost of
the work as defined in Article 7 of this contract. See cost breakdown,
(Attachment "A" and Attachment "B") for sample calculation of fee/savings.
Contractor's fee will initially be increased/decreased as indicated above
pending value engineering modifications and developing a guaranteed maximum
price.
Subsequent changes in the work will cause the contractor's fee to be
increased in accordance with the provisions in Article 6 of this contract.
For changes increasing the scope of work, the fee will be increased by an
amount not to exceed 10% of the cost of the work. There will be no
reduction in fee for decreased in work.
5.2 GUARANTEED MAXIMUM PRICE (IF APPLICABLE)
5.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by
the Contractor not to exceed one million three hundred ninety six thousand nine
hundred twenty dollars*** Dollars ($1,396,920.00***), subject to additions and
deductions by Change Order as provided in the Contract Documents. Such maximum
sum is referred to in the Contract Documents as the Guaranteed Maximum Price.
Costs which would cause the Guaranteed Maximum Price to be exceeded shall be
paid by the Contractor without reimbursement by the Owner.
(Insert specific provisions if the Contractor is to participate in any savings.)
* The G.M.P. at the time of initiation of the contract does not reflect all
value engineering considerations but bids and allowances available at that
time.
1). See Attachment "A" to the construction contract describing the
provisions of the guaranteed maximum price (cost) and distribution of
savings.
2). Savings realized in the construction of the building and calculated as
noted in Attachment "A" will be distributed 75% to the Owner and 25% to the
Contractor.
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AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 3
5.2.2 The Guaranteed Maximum Price is based upon the following alternates, 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, but only if a
Guaranteed Maximum Price is inserted in Subparagraph 5.2.1. 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.)
5.2.3 The amounts agreed to for allowances are as follows:
(State unit prices only if a Guaranteed Maximum Price is inserted in
Subparagraph 5.2.1)
The following amounts have been incorporated in the preliminary G.M.P.
pending final design considerations:
Earthwork (Sitework) $45,000
Concrete (Structural, Site, Offsite) 114,969
Masonry (including brick at columns) 147,003
Structural/Misc. Steel 69,370
Roofing 19,600
Entrances, Storefronts, Glazing 111,114
Lath, Plaster, Drywall 43,501
Carpet 35,320
Millwork 102,039
ARTICLE 6
CHANGES IN THE WORK
6.1 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE
6.1.1 Adjustments to the Guaranteed Maximum Price on account of changes in the
Work may be determined by any of the methods listed in Subparagraph 7.3.3 of the
General Conditions.
6.1.2 In calculating adjustments to subcontracts (except those awarded with the
Owner's prior consent on the basis of cost plus a fee), the terms "cost" and
"fee" as used in Clause 7.3.3.3 of the General Conditions and the terms "costs"
and "a reasonable allowance for overhead and profit" as used in Subparagraph
7.3.6 of the General Conditions shall have the meanings assigned to them in the
General Conditions and shall not be modified by Articles 5, 7 and 8 of this
Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on
the basis of cost plus a fee shall be calculated in accordance with the terms of
those subcontracts.
6.1.3 In calculating adjustments to this contract, the terms "cost" and "costs"
as used in the above-referenced provisions of the General Conditions shall mean
the Cost of the Work as defined in Article 7 of this Agreement and the terms
"fee" and "a reasonable allowance for overhead and profit" shall mean the
Contractor's Fee as defined in Paragraph 5.1 of this Agreement.
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AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 4
6.2 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE
6.2.1 Increased costs for the items set forth In Article 7 which result from
changes in the Work shall become part of the Cost of the Work, and the
Contractor's Fee shall be adjusted as provided in Paragraph 5.1.
6.3 ALL CONTRACTS
6.3.1 If no specific provision is made in Paragraph 5.1 for adjustments of the
Contractor's Fee in the case of changes in the Work, or if the extent of such
changes is such, in the aggregate, that application of the adjustment provisions
of Paragraph 5.1 will cause substantial inequity to the Owner or Contractor, the
Contractor's Fee shall he equitably adjusted on the basis of the Fee established
for the original Work.
ARTICLE 7
COSTS TO BE REIMBURSED
7.1 The term Cost of the Work shall mean costs necessarily incurred by the
Contractor in the proper performance of the Work. Such costs shall be at rates
not higher than the standard paid at the place of the Project except with prior
consent of the Owner. The Cost of the Work shall include only the items set
forth in this Article 7.
7.1.1 LABOR COSTS
7.1.1.1 Wages of construction workers directly employed by the Contractor to
perform the construction of the Work at the site or, with the Owner's agreement,
at off-site workshops.
7.1.1.2 Wages or salaries of the Contractor's supervisory and administrative
personnel when stationed at the site with the Owner's agreement.
(If it intended that the wages or salaries of certain personnel stationed at the
Contractor's principal or other offices shall be included in the Cost of the
Work, identify in Article 14 the personnel to be included and whether for all or
only part of their time.)
7.1.1.3 Wages and salaries of the Contractor's supervisory or administrative
personnel engaged, at factories, workshops or on the road, in expediting the
production or transportation of materials or equipment required for the Work,
but only for that portion of their time required for the Work.
7.1.1.4 Costs paid or incurred by the Contractor for taxes, insurance,
contributions, assessments and benefits required by law or collective bargaining
agreements and, for personnel not covered by such agreements, customary benefits
such as sick leave, medical and health benefits, holidays. vacations and
pensions, provided such costs are based on wages and salaries included in the
Cost of the Work under Clauses 7.1.1.1 through 7.1.1.3.
7.1.2 SUBCONTRACT COSTS
Payments made by the Contractor to Subcontractors in accordance with the
requirements of the subcontracts.
7.1.3 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED
CONSTRUCTION
7.1.3.1 Costs, including transportation, of materials and equipment incorporated
or to be incorporated in the completed construction.
7.1.3.2 Costs of materials described in the preceding Clause 7.1.3.1 in excess
of those actually installed but required to provide reasonable allowance for
waste and for spoilage. Unused excess materials, if any, shall be handed over to
the Owner at the completion of the Work or, at the Owner's option, shall be sold
by the Contractor; amounts realized, if any, from such sales shall be credited
to the Owner as a deduction from the Cost of the Work.
7.1.4 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND
RELATED ITEMS
7.1.4.1 Costs, including transportation, installation, maintenance, dismantling
and removal of materials, supplies, temporary facilities, machinery, equipment,
and hand tools not customarily owned by the construction workers, which are
provided by the Contractor at the site and fully consumed in the performance of
the Work; and cost less salvage value on such items if not fully consumed,
whether sold to others or retained by the Contractor. Cost for items previously
used by the Contractor shall mean fair market value.
7.1.4.2 Rental charges for temporary facilities, machinery, equipment, and hand
tools not customarily owned by the construction workers, which are provided by
the Contractor at the site, whether rented from the Contractor or others, and
costs of transportation, installation, minor repairs and replacements,
dismantling and removal thereof. Rates and quantities of equipment rented shall
be subject to the Owner's prior approval.
7.1.4.3 Costs of removal of debris from the site.
7.1.4.4 Costs of telegrams and long-distance telephone calls, postage and parcel
delivery charges, telephone service at the site and reasonable petty cash
expenses at the site office.
7.1.4.5 That portion of the reasonable travel and subsistence expenses of the
Contractor's personnel incurred while traveling in discharge of duties connected
with the Work.
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AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 5
7.1.5 MISCELLANEOUS COSTS
7.1.5.1 That portion directly attributable to this Contract of premiums for
insurance and bonds.
7.1.5.2 Sales, use or similar taxes imposed by a governmental authority which
are related to the Work and for which the Contractor is liable.
7.1.5.3 Fees and assessments for the building permit and for other permits.
licenses and inspections for which the Contractor is required by the Contract
Documents to pay.
7.1.5.4 Fees of testing laboratories for tests required by the Contract
Documents, except those related to defective or nonconforming Work for which
reimbursement is excluded by Subparagraph 13.5.3 of the General Conditions or
other provisions of the Contract Documents and which do not fall within the
scope of Subparagraphs 7.2.2 through 7.2.4 below.
7.1.5.5 Royalties and license fees paid for the use of a particular design,
process or product required by the Contract Documents; the cost of defending
suits or claims for infringement of patent rights arising from such requirement
by the Contract Documents; payments made in accordance with legal judgments
against the Contractor resulting from such suits or claims and payments of
settlements made with the Owner's consent; provided, however, that such costs of
legal defenses, judgment and settlements shall not be included in the
calculation of the Contractor's Fee or of a Guaranteed Maximum Price, if any,
and provided that such royalties, fees and costs are not excluded by the last
sentence of Subparagraph 3.17.1 of the General Conditions or other provisions of
the Contract Documents.
7.1.5.6 Deposits lost for causes other than the Contractor's fault or
negligence.
7.1.6 OTHER COSTS
7.1.6.1 Other costs incurred in the performance of the Work if and to the extent
approved in advance in writing by the Owner.
7.2 EMERGENCIES: REPAIRS TO DAMAGED, DEFECTIVE OR NONCONFORMING WORK
The Cost of the Work shall also include costs described in Paragraph 7.1 which
are incurred by the Contractor:
7.2.1 In taking action to prevent threatened damage, injury or loss in case of
an emergency affecting the safety of persons and property, as provided in
Paragraph 10.3 of the General Conditions.
7.2.2 In repairing or correcting Work damaged or improperly executed by
construction workers in the employ of the Contractor, provided such damage or
improper execution did not result from the fault or negligence of the Contractor
or the Contractor's foremen, engineers or superintendents, or other supervisory,
administrative or managerial personnel of the Contractor.
7.2.3 In repairing damaged Work other than that described in Subparagraph 7.2.2,
provided such damage did not result from the fault or negligence of the
Contractor or the Contractor's personnel, and only to the extent that the cost
of such repairs is not recoverable by the Contractor from others and the
Contractor is not compensated therefor by insurance or otherwise.
7.2.4 In correcting defective or nonconforming Work performed or supplied by a
Subcontractor or material supplier and not corrected by them. provided such
defective or nonconforming Work did not result from the fault or neglect of the
Contractor or the Contractor's personnel adequately to supervise and direct the
Work of the Subcontractor or material supplier, and only to the extent that the
cost of correcting the defective or nonconforming Work is not recoverable by the
Contractor from the Subcontractor or material supplier.
ARTICLE 8
COSTS NOT TO BE REIMBURSED
8.1 The Cost of the Work shall not include:
8.1.1 Salaries and other compensation of the Contractor's personnel stationed at
the Contractor's principal office or offices other than the site office, except
as specifically provided in Clauses 7.1.1.2 and 7.1.1.3 or as may be provided in
Article 14.
8.1.2 Expenses of the Contractor's principal office and offices other than the
site office.
8.1.3 Overhead and general expenses, except as may be expressly included in
Article 7.
8.1.4 The Contractor's capital expenses, including interest on the Contractor's
capital employed for the Work.
8.1.5 Rental costs of machinery and equipment, except as specifically provided
in Clause 7.1.4.2.
8.1.6 Except as provided in Subparagraphs 7.2.2 through 7.2.4 and Paragraph 13.5
of this Agreement, costs due to the fault or negligence of the Contractor,
Subcontractors, anyone directly or indirectly employed by any of them, or for
whose acts any of them may be liable, including but not limited to costs for the
correction of damaged, defective or nonconforming Work, disposal and replacement
of materials and equipment incorrectly ordered or supplied, and making good
damage to property not forming part of the Work.
8.1.7 Any cost not specifically and expressly described in Article 7.
8.1.8 Costs which would cause the Guaranteed Maximum Price, if any, to be
exceeded.
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AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 6
ARTICLE 9
DISCOUNTS, REBATES AND REFUNDS
9.1 cash discounts obtained on payments made by the contractor shall accrue to
the Owner if(1) before making the payment, the Contractor included them in an
Application for Payment and received payment therefor from the Owner, or (2) the
Owner has deposited funds with the Contractor with which to make payments:
otherwise, cash discounts shall accrue to the Contractor. Trade discounts,
rebates, refunds and amounts received from sales of surplus materials and
equipment shall accrue to the Owner, and the Contractor shall make provisions so
that they can be secured.
9.2 Amounts which accrue to the Owner in accordance with the provisions of
Paragraph 9.1 shall be credited to the Owner as 2 deduction from the Cost of the
Work.
ARTICLE 10
SUBCONTRACTS AND OTHER AGREEMENTS
10.1 Those portions of the Work that the Contractor does not customarily perform
with the Contractor's own personnel shall be performed under subcontracts or by
other appropriate agreements with the Contractor. The Contractor shall obtain
bids from Subcontractors and from suppliers of materials or equipment fabricated
especially for the Work and shall deliver such bids to the Architect. The Owner
will then determine, with the advice of the Contractor and subject to the
reasonable objection of the Architect, which bids will be accepted. The Owner
may designate specific persons or entities from whom the Contractor shall obtain
bids; however, if a Guaranteed Maximum Price has been established, the Owner may
not prohibit the Contractor from obtaining bids from others. The Contractor
shall not be required to contract with anyone to whom the Contractor has
reasonable objection.
10.2 If a Guaranteed Maximum Price has been established and a specific bidder
among those whose bids are delivered by the Contractor to the Architect (1) is
recommended to the Owner by the contractor; (2) is qualified to perform that
portion of the Work; and (3) has submitted a bid which conforms to the
requirements of the Contract Documents without reservations or exceptions, but
the Owner requires that another bid be accepted; then the Contractor may require
that a Change Order be issued to adjust the Guaranteed Maximum Price by the
difference between the bid of the person or entity recommended to the Owner by
the Contractor and the amount of the subcontract or other agreement actually
signed with the person or entity designated by the Owner.
10.3 Subcontracts or other agreements shall conform to the payment provisions of
Paragraphs 12.7 and 12.8, and shall not be awarded on the basis of cost plus a
fee without the prior consent of the Owner.
ARTICLE 11
ACCOUNTING RECORDS
11.1 The Contractor shall keep full and detailed accounts and exercise such
controls as may be necessary for proper financial management under this
Contract; the accounting and control systems shall be satisfactory to the Owner.
The Owner and the Owner's accountants shall be afforded access to the
Contractor's records, books, correspondence, instructions, drawings, receipts,
subcontracts, purchase orders, vouchers, memoranda and other data relating to
this Contract, and the Contractor shall preserve these for a period of three
years after final payment, or for such longer period as may be required by law.
ARTICLE 12
PROGRESS PAYMENTS
12.1 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.
12.2 The period covered by each Application for Payment shall be one calendar
month ending on the last day of the month, or as follows:
12.3 Provided an Application for Payment is received by the Architect not later
than the first day of a month, the Owner shall make payment to the Contractor
not later than the fifteenth day 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 fifteen days after the Architect receives
the Application for Payment.
12.4 With each Application for Payment the Contractor shall submit payrolls,
petty cash accounts, receipted invoices or invoices with check vouchers
attached, and any other evidence required by the Owner or Architect to
demonstrate that cash disbursements already made by the Contractor on account of
the Cost of the Work equal or exceed (1) progress payments already received by
the Contractor; less (2) that portion of those payments attributable to the
Contractor's Fee; plus (3) payrolls for the period covered by the present
Application for payment; plus (4) retainage provided in Subparagraph 12.5.4, if
any, applicable to prior progress payments.
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AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 7
12.5 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE
12.5.1 Each Application for Payment shall be based upon the most recent schedule
of values submitted by the Contractor in accordance with the Contract Documents.
The schedule of values shall allocate the entire Guaranteed Maximum Price among
the various portions of the Work, except that the Contractor's Fee shall be
shown as a single separate item. The schedule of values shall 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.
12.5.2 Applications for Payment shall show the percentage completion of each
portion of the Work as of the end of the period covered by the Application for
Payment. The percentage completion shall be the lesser of (1) the percentage of
that portion of the Work which has actually been completed or (2) the percentage
obtained by dividing (a) the expense which has actually been incurred by the
Contractor on account of that portion of the Work for which the Contractor has
made or intends to make actual payment prior to the next Application for Payment
by (b)the share of the Guaranteed Maximum Price allocated to that portion of the
Work in the schedule of values.
12.5.3 Subject to other provisions of the Contract Documents, the amount of each
progress payment shall be computed as follows:
12.5.3.1 Take that portion of the Guaranteed Maximum Price properly allocable to
completed Work as determined by multiplying the percentage completion of each
portion of the Work by the share of the Guaranteed Maximum Price allocated to
that portion of the Work in the schedule of values. Pending final determination
of cost to the Owner of changes in the Work, amounts not in dispute may be
included as provided in Subparagraph 7.3.7 of the General Conditions, even
though the Guaranteed Maximum Price has not yet been adjusted by Change Order.
12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to
materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work or, if approved in advance by the Owner, suitably
stored off the site at a location agreed upon in writing.
12.5.3.3 Add the Contractor's Fee, less retainage of ten percent (10 %). The
Contractor's Fee shall be computed upon the Cost of the Work described in the
two preceding Clauses at the rate stated in Paragraph 5.1 or, if the
Contractor's Fee is stated as a fixed sum in that Paragraph, shall be an amount
which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the
two preceding Clauses bears to a reasonable estimate of the probable Cost of the
Work upon its completion.
12,5.3.4 Subtract the aggregate of previous payments made by the Owner.
12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the
documentation required by Paragraph 12.4 to substantiate prior Applications for
Payment, or resulting from errors subsequently discovered by the Owner's
accountants in such documentation.
12.5.3.6 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.
12.5.4 Additional retainage, if any, shall be as follows:
(If it is intended to retain additional amounts from progress payments to the
Contractor beyond (1) the retainage from the Contractor's Fee provided in Clause
12.5.3.3; (2) the retainage from Subcontractors provided in Paragraph 12.7
below; and (3) the retainage, if any, provided by other provisions of the
Contract, insert provision for such additional retainage here. Such provision,
if made, should also describe any arrangment for limiting or reducint the amount
retained after the Work reaches a certain state of completion.)
Additional Provisions: For those trades or activities which are completed
in the early phases of the project, and have performed in a manner
satisfactory to the Architect, shall be eligible for release of retention
upon Architect's approval.
12.6 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE
12.6.1 Applications for Payment shall show the Cost of the Work actually
incurred by the Contractor through the end of the period covered by the
Application for Payment and for which the Contractor has made or intends to make
actual payment prior to the next Application for Payment.
12.6.2 Subject to other provisions of the Contract Documents, the amount of each
progress payment shall be computed as follows:
12.6.2.1 Take the Cost of the Work as described in Subparagraph 12.6.1.
12.6.2.2 Add the Contractor's Fee, less retainage of percent ( %). The
Contractor's Fee shall be computed upon the Cost of the Work described in the
preceding Clause 12.6.2.1 at the rate stated in Paragraph 5.1 or, if the
Contractor's Fee is stated as a fixed sum in that Paragraph, an amount which
bears the same ratio to that fixed-sum Fee as the Cost of the Work in the
preceding Clause bears to a reasonable estimate of the probable Cost of the Work
upon its completion.
12.6.2.3 Subtract the aggregate of previous payments made by the Owner.
12.6.2.4 Subtract the shortfall, if any. indicated by the Contractor in the
documentation required by Paragraph 12.4 or to substantiate prior Applications
for Payment or resulting from errors subsequently discovered by the Owner's
accountants in such documentation.
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AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 8
12.6.2.5 Subtract amounts, if any, for which the Architect has withheld or
withdrawn a Certificate for Payment as provided in the Contract Documents.
12.6.3 Additional retainage, if any, shall be as follows:
12.7 Except with the Owner's prior approval, payments to Subcontractors included
in the Contractor's Applications for Payment shall not exceed an amount for each
Subcontractor calculated as follows:
12.7.1 Take that portion of the Subcontract Sum properly allocable to completed
Work as determined by multiplying the percentage completion of each portion of
the Subcontractor's Work by the share of the total Subcontract Sum allocated to
that portion in the Subcontractor's schedule of values, less retainage of
percent ( %). Pending final determination of amounts to be paid to
the Subcontractor for changes in the Work, amounts not in dispute may be
included as provided in Subparagraph 7.3.7 of the General Conditions even though
the Subcontract Sum has not yet been adjusted by Change Order.
12.7.2 Add that portion of the Subcontract Sum properly allocable to materials
and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work or, if approved in advance by the Owner, suitably
stored off the site at a location agreed upon in writing, less retainage of
percent ( %).
12.7.3 Subtract the aggregate of previous payments made by the Contractor to the
Subcontractor.
12.7.4 Subtract amounts, if any, for which the Architect has withheld or
nullified a Certificate for Payment by the Owner to the Contractor for reasons
which are the fault of the Subcontractor,
12.7.5 Add, upon Substantial Completion of the entire Work of the Contractor, a
sum sufficient to increase the total payments to the Subcontractor to
percent ( %) of the Subcontract Sum, less amounts, if any, for incomplete
Work and unsettled claims; and, if final completion of the entire Work is
thereafter materially delayed through no fault of the Subcontractor, add any
additional amounts payable on account of Work of the Subcontractor in accordance
with Subparagraph 9.10.3 of the General Conditions.
(If it is intended, prior to Substantial Completion of the entire Work of the
Contractor, to reduce or limit the retainage from Subcontractors resulting from
the percentages inserted in Subparagraphs 12.7.1 and 12.7.2 above, and this is
not explained elsewhere in the Contract Documents, insert here provisions for
such reduction or limitation.)
The Subcontract Sum is the total amount stipulated in the subcontract to be paid
by the Contractor to the Subcontractor for the Subcontractor's performance of
the subcontract.
12.8 Except with the Owner's prior approval, the Contractor shall not make
advance payments to suppliers for materials or equipment which have not been
delivered and stored at the site.
12.9 In taking action on the Contractor's Applications for Payment, the
Architect shall be entitled to rely on the accuracy and completeness of the
information furnished by the Contractor and shall not be deemed to represent
that the Architect has made a detailed examination, audit or arithmetic
verification of the documentation submitted in accordance with Paragraph 12.4 or
other supporting data; that the Architect has made exhaustive or continuous
on-site inspections or that the Architect has made examinations to ascertain how
or for what purposes the Contractor has used amounts previously paid on account
of the Contract. Such examinations, audits and verifications, if required by the
Owner, will be performed by the Owner's accountants acting in the sole interest
of the Owner.
ARTICLE 13
FINAL PAYMENT
13.1 Final payment 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 defective or 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; (2) a final
Application for Pay-
- --------------------------------------------------------------------------------
AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 9
ment and a final accounting for the Cost of the Work have been submitted by the
Contractor and reviewed by the Owner's accountants; and (3) a final Certificate
for Payment has then 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, including release of retention, shall be made
upon completion of the project, and no later than 35 days following the filing
of the Notice of Substantial Completion, provided that applications for payment
are submitted by contractor pursuant to Article 12.3 and contractor has
completed all submitted work described in the documents, settled all claims, and
provided final lien releases.
13,,2 The amount of the final payment shall be calculated as follows:
13.2.1 Take the sum of the Cost of the Work substantiated by the Contractor's
final accounting and the Contractor's Fee; but not more than the Guaranteed
Maximum Price, if any.
13.2.2 Subtract amounts, if any. for which the Architect withholds, in whole or
in part, a final Certificate for Payment as provided in Subparagraph 9.5.1 of
the General Conditions or other provisions of the Contract Documents.
13.2.3 Subtract the aggregate of previous payments made by the Owner. If the
aggregate of previous payments made by the Owner exceeds the amount due the
Contractor, the Contractor shall reimburse the difference to the Owner.
13.3 The Owner's accountants will review and report in writing on the
Contractor's final accounting within 30 days after delivery of the final
accounting to the Architect by the Contractor. Based upon such Cost of the Work
as the Owner's accountants report to be substantiated by the Contractor's final
accounting, and provided the other conditions of Paragraph 13.1 have been met,
the Architect will, within seven days after receipt of the written report of the
Owner's accountants, either issue to the Owner a final Certificate for Payment
with a copy to the Contractor, or notify the Contractor and Owner in writing of
the Architect's reasons for withholding a certificate as provided in
Subparagraph 9.5.1 of the General Conditions. The time periods stated in this
Paragraph 13.3 supersede those stated in Subparagraph 9.4.1 of the General
Conditions.
13.4 If the Owner's accountants report the Cost of the Work as substantiated by
the Contractor's final accounting to be less than estimated by the Contractor,
the Contractor shall be entitled to demand arbitration of the disputed amount
without a further decision of the Architect. Such demand for arbitration shall
be made by the Contractor within 30 days after the Contractor's receipt of a
copy of the Architect's final Certificate for Payment; failure to demand
arbitration within this 30-day period shall result in the substantiated amount
reported by the Owner's accountants becoming binding on the Contractor. Pending
a final resolution by arbitration, the Owner shall pay the Contractor the amount
certified in the Architect's final Certificate for Payment.
13.5 If, subsequent to final payment and at the Owner's request, the Contractor
incurs costs described in Article 7 and not excluded by Article 8 to correct
defective or nonconforming Work, the Owner shall reimburse the Contractor such
costs and the Contractor's Fee applicable thereto on the same basis as if such
costs had been incurred prior to final payment, but not in excess of the
Guaranteed Maximum Price, if any. If the Contractor has participated in savings
as provided in Paragraph 5.2, the amount of such savings shall be recalculated
and appropriate credit given to the Owner in determining the net amount to be
paid by the Owner to the Contractor.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.1 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.
14.2 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.
(lnsert 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.)
- --------------------------------------------------------------------------------
AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 10
14.3 Other provisions:
A. Items specifically excluded from the scope of the contract and the
responsibility of others are as follows:
1. The cost of building permit fees, plan check cost, city inspection
fees.
2. The cost of utility company fees including the re-location of power
poles/service at Romie Lane.
3. Landscaping & irrigation.
4. Exterior monument signage.
5. Window cover
6. Cost of testing, engineering or soils analysis.
ARTICLE 15
TERMINATION OR SUSPENSION
15.1 The Contract may be terminated by the Contractor as provided in Article 14
of the Genera! Conditions; however, the amount to be paid to the Contractor
under Subparagraph 14.1.2 of the General Conditions shall not exceed the amount
the Contractor would be entitled to receive under Paragraph 15.3 below, except
that the Contractor's Fee shall be calculated as if the Work had been fully
completed by the Contractor, including a reasonable estimate of the Cost of (he
Work for Work not actually completed.
15.2 If a Guaranteed Maximum Price is established in Article 5, the Contract may
be terminated by the Owner for cause as provided in Article 14 of the General
Conditions; however, the amount, if any, to be paid to the Contractor under
Subparagraph 14.2.4 of the General Conditions shall not cause the Guaranteed
Maximum Price to be exceeded, nor shall it exceed the amount the Contractor
would be entitled to receive under Paragraph 15.3 below.
15.3 If no Guaranteed Maximum Price is established in Article 5, the Contract
may be terminated by the Owner for cause as provided in Article 14 of the
General Conditions; however, the Owner shall then pay the Contractor an amount
calculated as follows:
15.3.1 Take the Cost of the Work incurred by the Contractor to the date of
termination.
15.3.2 Add the Contractor's Fee computed upon the Cost of the Work to the date
of termination at the rate stated in Paragraph 5.1 or, if the Contractor's Fee
is stated as a fixed sum in that Paragraph, an amount which bears the same ratio
to that fixed-sum Fee as the Cost of the Work at the time of termination bears
to a reasonable estimate of the probable Cost of the Work upon its completion.
15.3.3 Subtract the aggregate of previous payments made by the Owner.
The Owner shall also pay the Contractor fair compensation, either by purchase or
rental at the election of the Owner, for any equipment owned by the Contractor
which the Owner elects to retain and which is not otherwise included in the Cost
of the Work under Subparagraph 15.3.1. To the extent that the Owner elects to
take legal assignment of subcontracts and purchase orders (including rental
agreements), the Contractor shall, as a condition of receiving the payments
referred to in this Article 15, execute and deliver all such papers and take all
such steps, including the legal assignment of such subcontracts and other
contractual rights of the Contractor, as the Owner may require for the purpose
of fully vesting in the Owner the rights and benefits of the Contractor under
such subcontracts or purchase orders.
15.4 The Work may be suspended by the Owner as provided in Article 14 of the
General Conditions; in such case, the Guaranteed Maximum Price, if any, shall be
increased as provided in Subparagraph 14.3.2 of the General Conditions except
that the term "cost of performance of the Contract" in that Subparagraph shall
be understood to mean the Cost of the Work and the term "profit" shall be
understood to mean the Contractor's Fee as described in Paragraphs 5.1 and 6.3
of this Agreement.
ARTICLE 16
ENUMERATION OF CONTRACT DOCUMENTS
16.1 The Contract Documents, except for Modifications issued after execution of
this Agreement, are enumerated as follows:
16.1.1 The Agreement is this executed Standard Form of Agreement Between Owner
and Contractor, AIA Document A111, 1987 Edition.
16.1.2 The General Conditions are the General Conditions of the Contract for
Construction, AIA Document A201, 1987 Edition.
- --------------------------------------------------------------------------------
AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 11
16.1.3 The Supplementary and other Conditions of the Contract are those
contained in the Project Manual dated November 1, 1994, and are as follows:
Document Title Pages
See Attachment "C"
16.1.4 The Specifications are those contained in the Project Manual dated as in
Paragraph 16.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this
Agreement.)
Section Title Pages
See Attachment "C"
- --------------------------------------------------------------------------------
AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 12
16.1.5 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
G1.0 - 1.3 Various 8-15-94
* A2.1 - 10.2 Various as listed on G1.0
* S1 - S8 Various 8-15-94
M1 - M3 Various 8-15-94
P1 - P3 Various 8-15-94
E1 - E7 Various 8-15-94
Sheet 1 & 2 of 2 Improvement Plan by H.D. Peters 11-94
* S.2,3,5,6,7,8 Various Delta 1, 10-25-94
Delta 2, 4-11-95
**A Series Various Delta 1, 10-25-94
16.1.6 The Addenda, if any, are as follows:
Number Date Pages
1 12-21-94 11
2 3-3-95 4
3 4-13-95 3
4 4-25-95 2
5 5-8-95 1
6 6-5-95 9
Portions of Addenda relating to bidding requirements are not part of the
Contract Documents unless the bidding requirements are also enumerated in this
Article 16.
- --------------------------------------------------------------------------------
AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 13
16.1.7 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.)
Addendum to Geotechnical investigation for:
First National Bank
1001 South Main St.
Salinas, CA
Dated 3-6-95 by Reynolds & Associates
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
/s/ DENNIS A. DECIUS /s/ NORM PETERSON
- -------------------------------- ----------------------------------
(Signature) (Signature)
/s/ DENNIS A. DECIUS EVP & CFO Norm Peterson, Vice President
- -------------------------------- ----------------------------------
(Printed name and title) (Printed name and title)
- --------------------------------------------------------------------------------
AIA DOCUMENT A111 . OWNER-CONTRACTOR AGREEMENT . TENTH EDITION . AIA(R) .
(c)1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006 A111-1987 14
ATTACHMENT "A"
DANIELS & HOUSE CONST. CO. JUN 23, 1995 8:52:00
BD525 ESTIMATE SUMMARY REPORT PAGE 1
ESTIMATE: 95023- FIRST NATIONAL BANK SALINAS *ESTIMATE IS NOT COMPLETE*
ALTERNATE:
MARK UPS--/
SUMMARY CODE SUB-CONTRACTOR LABOR MATERIAL SUBCONTRCT EQUIPMENT OTHERS TOTAL
- -----------------------------------------------------------------------------------------------------------------------------------
01100 GENERAL CONDITIONS 41,864 1,000 4,850 3,330 28,201 79,245
**SUBTOTAL** 41,864 1,000 4,850 3,330 28,201 79,245
02050 DEMOLITION GALAGHER 9,742 -- 18,775 -- 4,375 32,892
02100 SITE PREPARATION -- -- 0 -- -- 0
02200 EARTHWORK -- -- 45,000 -- -- 45,000
02350 PILES AND CAISSONS INCL IN SOUZA -- -- 0 -- -- 0
02500 PAVING AND SURFACING -- -- 0 -- -- 0
02510 WALKS, CURBS & CONCRETE PAVI -- -- 0 -- -- 0
02800 SITE IMPROVEMENTS -- -- 750 -- -- 750
**SUBTOTAL** 9,742 0 64,525 0 4,375 78,642
03200 CONCRETE REINFORCEMENT INCL IN SOUZA -- -- 0 -- -- 0
03300 CAST IN PLACE CONCRETE SOUZA -- -- 114,969 -- -- 114,969
**SUBTOTAL** 0 0 114,969 0 0 114,969
04200 UNIT MASONRY ROSSI -- -- 147,003 -- -- 147,003
04400 STONE MASONRY NAPA VAL. CAST STONE -- -- 30,665 -- -- 30,665
**SUBTOTAL** 0 0 177,668 0 0 177,668
05100 STRUCTURAL METAL FRAMING JENNELL -- -- 69,370 -- -- 69,370
05500 METAL FABRICATIONS INCL IN JENNELL 1,014 490 0 -- 491 1,995
**SUBTOTAL** 1,014 490 69,370 0 491 71,365
06050 FASTENERS AND ADHESIVES -- 890 -- -- -- 890
06100 ROUGH CARPENTRY 29,617 24,748 -- -- 14,446 68,811
06115 SHEATHING 5,984 7,043 1,850 0 2,912 17,789
06200 FINISH CARPENTRY INCL IN KNAPP 9,973 0 102,039 0 5,077 117,085
06400 ARCHITECTURAL WOODWORK INCL IN KNAPP? 12,828 0 3,400 0 6,530 22,758
06600 PLASTIC FABRICATIONS -- -- 300 -- -- 300
**SUBTOTAL** 58,402 32,681 107,589 0 28,965 227,637
07100 WATERPROOFING INCL IN SCUDDER -- -- 0 -- -- 0
07200 INSULATION COAST INSULATION -- -- 10,207 -- -- 10,207
07400 PREFORMED ROOFING & CLADDING SAWYER & MCCARTY -- -- 0 -- -- 0
07500 MEMBRANE ROOFING SCUDDER ROOFING -- -- 19,600 -- -- 19,600
07600 FLASHING & SHEET METAL INCL IN SAWYER & MC CA -- -- 0 -- -- 0
07600 SKYLIGHTS INCL IN CCG -- -- 0 -- -- 0
07900 JOINT SEALERS -- -- 0 -- -- 0
**SUBTOTAL** 0 0 29,807 0 0 29,807
08100 METAL DOORS & FRAMES INCL IN CCG -- -- 0 -- -- 0
08200 WOOD & PLASTIC DOORS INCL IN KNAPP 3,953 -- 0 -- 2,012 5,965
06300 SPECIAL DOORS INCL IN KNAPP -- -- 0 -- -- 0
06400 ENTRANCES & STOREFRONTS CCG -- -- 111,114 -- -- 111,114
08600 WOOD & PLASTIC WINDOWS INCL IN CCG 1,514 -- 0 -- 771 2,285
08700 HARDWARE INCL IN CCG 1,952 -- 0 -- 994 2,946
08800 GLAZING INCL IN CCG -- -- 0 -- -- 0
**SUBTOTAL** 7,419 0 111,114 0 3,777 122,310
09200 LATH & PLASTER SAN BENITO -- -- 43,501 -- -- 43,501
09250 GYPSUM BOARD INCL IN SAN BENITO -- -- 0 -- -- 0
DANIELS & HOUSE CONST. CO. JUN 23, 1995 8:52:00
BD525 ESTIMATE SUMMARY REPORT PAGE 2
ESTIMATE: 95023- FIRST NATIONAL BANK SALINAS *ESTIMATE IS NOT COMPLETE*
ALTERNATE:
MARK UPS --/
SUMMARY CODE SUB-CONTRACTOR LABOR MATERIAL SUBCONTRCT EQUIPMENT OTHERS TOTAL
- -----------------------------------------------------------------------------------------------------------------------------------
09300 TITLE RINALDI -- -- 29,385 -- -- 29,385
09500 ACOUSTICAL TREATMENT CALIF ACOUSTICS -- -- 14,700 -- -- 14,700
09650 RESILIENT FLOORING INCL IN FLOOR CENTER -- -- 35,320 -- -- 35,320
09680 CARPET INCL IN FLOOR CENTER -- -- 0 -- -- 0
09800 SPECIAL COATINGS LENEVE -- -- 4,197 -- -- 4,197
09900 PAINTING LENEVE -- -- 12,265 -- -- 12,265
**SUBTOTAL** 0 0 139,368 0 0 139,368
10150 COMPARTMENTS & CUBICLES INCL IN CCG -- -- 0 -- -- 0
10200 LOUVERS & VENTS -- -- 0 -- -- 0
10400 IDENTIFYING DEVICES -- -- 350 -- -- 350
10520 FIRE PROTECTION SPECIALTIES -- -- 450 -- -- 450
10800 TOILET & BATH ACCESSORIES INCL IN CCG 281 -- 0 -- 143 424
**SUBTOTAL** 281 0 800 0 143 1,224
11450 RESIDENTIAL EQUIPMENT MC PHAILS -- -- 430 -- -- 430
**SUBTOTAL** 0 0 430 0 0 430
12670 RUGS & MATS DICK JOYCE -- -- 600 -- -- 600
**SUBTOTAL** 0 0 600 0 0 600
15300 FIRE PROTECTION BAY FIRE -- -- 29,950 -- -- 29,950
15400 PLUMBING SAWYER & MC CARTY -- -- 93,625 -- -- 93,625
15500 H.V.A.C INCL IN SAWYER & MC CA -- -- 0 -- -- 0
**SUBTOTAL** 0 0 123,575 0 0 123,575
1600 ELECTRICAL SEIDEL -- -- 102,124 -- -- 102,124
**SUBTOTAL** 0 0 102,124 0 0 102,124
DANIELS & HOUSE CONST. CO. JUN 23, 1995 8:52:00
BD525 ESTIMATE SUMMARY REPORT PAGE 3
ESTIMATE: 95023- FIRST NATIONAL BANK SALINAS *ESTIMATE IS NOT COMPLETE*
ALTERNATE:
MARK UPS--/
LABOR MATERIAL SUBCONTRCT EQUIPMENT BURDEN INDIRECTS TOTAL
--------------------------------------- ----------------------------
TOTALS 118,722 34,171 1,046,789 3,330 58,362 7,590 1,268,964
MARK UPS
MARKED UP TTLS 118,722 34,171 1,046,789 3,330 58,362 7,590 1,268,964
HOURS 5,037 1 5,037 4
- --------------------------------------------------------------------------------------------------------------
SUBTOTAL 1,268,964
ADD ON LINE/DESCRIPTION JC PHASE JC COST TP BASIS SOURCE METHOD B/A CONSTANT AMOUNT
- -----------------------------------------------------------------------------------------------------------------------------------
402 SMALL TOOLS PER LABOR DOLLARS 01525-900- EQUIPMENT COST TYPE LABOR PERCENT B 2.50% 2,968
403 ROUGH HARDWARE, CARPENTRY 01525-950- MATERIAL COST TYPE MATERIAL PERCENT B 5.00% 1,709
- -----------------------------------------------------------------------------------------------------------------------------------
REGULAR ADD-ONS 4,677
GRAND TOTAL 1,273,641
6.50% GRAND TOTAL MARK UP 82,787
1,356,428
ADD ON LINE/DESCRIPTION JC PHASE JC COST TP BASIS SOURCE METHOD B/A CONSTANT AMOUNT
- -----------------------------------------------------------------------------------------------------------------------------------
302 LIABILITY INSURANCE % GRAND TOTAL 00650-100- INDIRECTS GRAND TTL PERCENT A 0.78% 10,580
303 BUILDERS RISK % GRAND TOTAL 00650-140- INDIRECTS GRAND TTL PERCENT B 0.28% 3,596
- -----------------------------------------------------------------------------------------------------------------------------------
AFTER TOTAL ADD-ONS 14,176
----------
BID TOTAL*************** 1,370,604
--------ESTIMATE CHECKS--------
TOTAL MARK UPS TO NET LABOR: 69.73%
TOTAL MARK UPS TO NET EQUIPMENT: 2486.10%
NET LABOR TO BID TOTAL: 8.66%
TOTAL MARK UPS TO BID TOTAL: 6.04%
USER NUMERIC 1: 0
USER NUMERIC 2: 0
DANIELS & HOUSE CONST. CO. JUN 23, 1995 8:52:00
BD525 ESTIMATE SUMMARY REPORT PAGE 4
ESTIMATE: 95023- FIRST NATIONAL BANK SALINAS ESTIMATE IS COMPLETE
ALTERNATE: 1 SITE WORK
MARK UPS--/
SUMMARY CODE SUB-CONTRACTOR LABOR MATERIAL SUBCONTRCT EQUIPMENT OTHERS TOTAL
- -----------------------------------------------------------------------------------------------------------------------------------
02800 SITE IMPROVEMENTS 1,089 372 -- -- 493 1,954
**SUBTOTAL** 1,089 372 0 0 493 1,954
03100 CONCRETE FORMWORK -- -- -- -- -- 0
**SUBTOTAL** 0 0 0 0 0 0
05500 METAL FABRICATIONS 44 24 -- -- 21 89
**SUBTOTAL** 44 24 0 0 21 89
06100 ROUGH CARPENTRY 1,472 1,007 -- -- 709 3,188
06115 SHEATHING 238 248 -- -- 115 601
06200 FINISH CARPENTRY 3,373 2,345 -- -- 1,717 7,435
**SUBTOTAL** 5,083 3,600 0 0 2,541 11,224
00100 METAL DOORS & FRAMES 37 -- -- -- 19 56
08700 HARDWARE 49 -- -- -- 25 74
**SUBTOTAL** 86 0 0 0 44 130
10200 LOUVERS & VENTS 21 -- -- -- 10 31
**SUBTOTAL** 21 0 0 0 10 31
DANIELS & HOUSE CONST. CO. JUN 23, 1995 8:52:00
BD525 ESTIMATE SUMMARY REPORT PAGE 5
ESTIMATE: 95023- FIRST NATIONAL BANK SALINAS ESTIMATE IS COMPLETE
ALTERNATE: 1 SITE WORK
MARK UPS--/
LABOR MATERIAL SUBCONTRCT EQUIPMENT BURDEN INDIRECTS TOTAL
--------------------------------------- ----------------------------
TOTAL 6,323 3,996 0 0 3,109 0 13,428
MARK UPS
MARKED UP TTLS 6,323 3,996 0 0 3,109 0 13,428
HOURS 266 0 266 0
- --------------------------------------------------------------------------------------------------------------
SUBTOTAL 13,428
ADD ON LINE/DESCRIPTION JC PHASE JC COST TP BASIS SOURCE METHOD B/A CONSTANT AMOUNT
- -----------------------------------------------------------------------------------------------------------------------------------
402 SMALL TOOLS PER LABOR DOLLARS 01525-900- EQUIPMENT COST TYPE LABOR PERCENT B 2.50% 158
403 ROUGH HARDWARE, CARPENTRY 01525-950- MATERIAL COST TYPE MATERIAL PERCENT B 1.00% 40
1004 SALES TAX % OF MATERIAL COST 01060-220 INDIRECTS COST TYPE MATERIAL PERCENT B 7.50% 300
- -----------------------------------------------------------------------------------------------------------------------------------
REGULAR ADD-ONS 498
GRAND TOTAL 13,926
6.00% GRAND TOTAL MARK UP 836
14,762
ADD ON LINE/DESCRIPTION JC PHASE JC COST TP BASIS SOURCE METHOD B/A CONSTANT AMOUNT
- -----------------------------------------------------------------------------------------------------------------------------------
302 LIABILITY INSURANCE % GRAND TOTAL 00650-100- INDIRECTS GRAND TTL PERCENT A 0.78% 115
303 BUILDERS RISK % GRAND TOTAL 00650-140- INDIRECTS GRAND TTL PERCENT B 0.28% 39
5002 BUILDING PERMIT BY TABLE METHOD 01060-100- INDIRECTS GRAND TTL TABLE A 9000 26
- -----------------------------------------------------------------------------------------------------------------------------------
AFTER TOTAL ADD-ONS 180
------
BID TOTAL ************* 14,942
--------ESTIMATE CHECKS-----------
TOTAL MARK UPS TO NET LABOR: 13.22%
NET LABOR TO BID TOTAL: 42.32%
TOTAL MARK UPS TO BID TOTAL: 5.59%
USER NUMERIC 1: 0
USER NUMERIC 2: 0
DANIELS & HOUSE CONST. CO. JUN 23, 1995 8:52:00
BD525 ESTIMATE SUMMARY REPORT PAGE 6
ESTIMATE: 95023- FIRST NATIONAL BANK SALINAS ESITMATE IS COMPLETE
ALTERNATE: 3 CONC./FRAME @ EXISTING
MARK UPS--/
SUMMARY CODE SUB-CONTRACTOR LABOR MATERIAL SUBCONTRCT EQUIPMENT OTHERS TOTAL
- -----------------------------------------------------------------------------------------------------------------------------------
06100 ROUGH CARPENTRY 4,644 3,114 -- -- 2,236 9,994
06200 FINISH CARPENTRY 146 -- -- -- 75 221
**SUBTOTAL** 4,790 3,114 0 0 2,311 10,215
DANIELS & HOUSE CONST. CO. JUN 23, 1995 8:52:00
BD525 ESTIMATE SUMMARY REPORT PAGE 7
ESTIMATE: 95023- FIRST NATIONAL BANK SALINAS ESTIMATE IS COMPLETE
ALTERNATE: 3 CONC./FRAME @ EXISTING
MARK UPS--/
LABOR MATERIAL SUBCONTRCT EQUIPMENT BURDEN INDIRECTS TOTAL
-------------------------------------------------------------------------------------------
TOTALS 4,790 3,114 0 0 2,311 0 10,215
MARK UPS
MARKED UP TTLS 4,790 3,114 0 0 2,311 0 10,215
HOURS 207 0 207 0
- -----------------------------------------------------------------------------------------------------------------------------------
SUBTOTAL 10,215
ADD ON LINE/DESCRIPTION JC PHASE JC COST TP BASIS SOURCE METHOD B/A CONSTANT AMOUNT
- -----------------------------------------------------------------------------------------------------------------------------------
402 SMALL TOOLS PER LABOR DOLLARS 01525-900- EQUIPMENT COST TYPE LABOR PERCENT B 2.50% 120
403 ROUGH HARDWARE, CARPENTRY 01525-950- MATERIAL COST TYPE MATERIAL PERCENT B 1.00% 31
1004 SALES TAX % OF MATERIAL COST 01060-220- INDIRECTS COST TYPE MATERIAL PERCENT B 7.50% 234
- -----------------------------------------------------------------------------------------------------------------------------------
REGULAR ADD-ONS 385
GRAND TOTAL 10,600
6.00% GRAND TOTAL MARK UP 636
11,236
ADD ON LINE/DESCRIPTION JC PHASE JC COST TP BASIS SOURCE METHOD B/A CONSTANT AMOUNT
- -----------------------------------------------------------------------------------------------------------------------------------
302 LIABILITY INSURANCE % GRAND TOTAL 00650-100- INDIRECTS GRAND TTL PERCENT A 0.78% 88
303 BUILDERS RISK % GRAND TOTAL 00650-140- INDIRECTS GRAND TTL PERCENT B 0.28% 30
5002 BUILDING PERMIT BY TABLE METHOD 01060-100- INDIRECTS GRAND TTL TABLE A 9000 20
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AFTER TOTAL ADD-ONS 138
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BID TOTAL ************* 11,374
-------ESTIMATE CHECKS---------
TOTAL MARK UPS TO NET LABOR: 13.28%
NET LABOR TO BID TOTAL: 42.11%
TOTAL MARK UPS TO BID TOTAL: 5.59%
USER NUMERIC 1: 0
USER NUMERIC 2: 0
CONSTRUCTION CONTRACT - ATTACHMENT "B"
FIRST NATIONAL BANK OF CENTRAL CALIFORNIA
1001 SOUTH MAIN STREET
SALINAS, CA 93901
- --------------------------------------------------------------------------------
PROVISIONS OF THE G.M.P.
It is understood between the Owner, First National Bank of Central California,
and the General Contractor, Daniels & House Construction Co., that the form of
this Contract is that of a Guaranteed Maximum Price (G.M.P.). No request by the
contractor for an increase to the G.M.P. shall be considered by the Owner unless
occasioned by substantiated increase in the Scope of the Work of this Contract,
the Contractor shall be required to actively participate in a value engineering
effort during the course of the Construction Phase and, in consultation with the
Architect, he shall be expected to offer proposals of possible cost savings to
the Owner for consideration. Any savings against the G.M.P. so developed,
agreed, and formalized by Change Order shall accrue 75% to the Owner and 25% to
the General Contractor.
COST SAVINGS REVERTING TO THE OWNER SHALL BE CALCULATED AS FOLLOWS:
INITIAL CONTRACT AMOUNT $1,396,920,00
ADJUSTMENTS BY CHANGE ORDER XXXXXXX
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NEW CONTRACT AMOUNT $X,XXX,XXX.XX
LESS: CONTRACTOR'S FEE ADJUSTED FOR C.O. (XXXXXX)
-------------
CONTRACT COST $X,XXX,XXX.XX
LESS: ACTUAL COST AS CALCULATED IN (XXXXXX)
-------------
ACCORDANCED WITH SECTION 8.
SAVINGS $ XXX
ATTACHMENT "C"
INDEX
LIST OF DIVISIONS
AND
SECTIONS
The separation of the specifications into the various sections as listed below
is only to facilitate the use of this document. Said separation shall not oblige
the Owner to establish the limits of any agreements subordinate to the contract
for the provision of all property improvements described herein.
PAGES
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INDEX 3
INSTRUCTIONS TO BIDDERS (AIA A701-1987) 5
SUPPLEMENTARY INSTRUCTIONS 1
BID FORM 3
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND
CONTRACTOR (AIA A101-1987) 8
BID BOND 1
PERFORMANCE BOND 2
PAYMENT BOND 2
GENERAL CONDITIONS (AIA A201-1987) 24
SUPPLEMENTARY CONDITIONS 5
INDEX OF DRAWINGS 2
SECTION TITLE
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DIVISION 1 - GENERAL REQUIREMENTS
01010 SUMMARY OR WORK 1
01027 APPLICATIONS FOR PAYMENT 4
01040 PROJECT COORDINATION 2
01045 CUTTING AND PATCHING 4
01050 FIELD ENGINEERING 3
01095 DEFINITIONS AND STANDARDS 16
01300 SUBMITTALS 8
01400 QUALITY CONTROL SERVICES 3
01500 TEMPORARY FACILITIES 5
01600 MATERIALS AND EQUIPMENT 4
01631 PRODUCTS SUBSTITUTIONS 4
01700 PROJECT CLOSEOUT 5
01740 WARRANTIES AND BONDS 3
DIVISION 2 - SITE WORK
02060 BUILDING DEMOLITION 2
02070 SELECTIVE DEMOLITION 5
02110 SITE CLEARING 4
02200 EARTHWORK 33
02282 TERMITE CONTROL 3
02511 HOT-MIXED ASPHALT PAVING 6
02520 PORTLAND CEMENT CONCRETE PAVING 8
02830 CHAIN LINK FENCING AND GATES 2
SECTION TITLE PAGES
- ------- ----- -----
DIVISION 3 - CONCRETE
03300 CAST-IN PLACE CONCRETE 11
DIVISION 4 - MASONRY
04200 UNIT MASONRY 9
04405 DIMENSION STONE 6
DIVISION 5 - METALS
05120 STRUCTURAL STEEL 6
05500 METAL FABRICATIONS 9
05521 PIPE AND TUBE RAILINGS 8
DIVISION 6 - WOOD AND PLASTICS
06100 ROUGH CARPENTRY 10
06185 STRUCTURAL GLUED LAMINATED TIMBER 4
06200 FINISH CARPENTRY 5
06402 INTERIOR ARCHITECTURAL WOODWORK 7
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07110 SHEET MEMBRANE WATERPROOFING 3
07210 BUILDING INSULATION 4
07410 MANUFACTURED ROOF AND WALL PANELS 4
07510 BUILT-UP ASPHALT ROOFING SYSTEM 11
07600 FLASHING AND SHEET METAL 5
07820 INSULATED SKYLIGHT SYSTEMS 7
07901 JOINT SEALERS 6
DIVISION 8 - DOORS AND WINDOWS
08111 STANDARD STEEL DOORS AND FRAMES 5
08211 FLUSH WOOD DOORS 5
08212 STILE AND RAIL WOOD DOORS 3
08312 WOOD SLIDING GLASS DOORS 6
08410 ALUMINUM ENTRANCES AND STOREFRONTS 7
08610 WOOD WINDOWS 6
08710 DOOR HARDWARE 12
08800 GLAZING 10
DIVISION 9 - FINISHES
09200 LATH AND PLASTER 8
09255 GYPSUM BOARD ASSEMBLIES 9
09300 TITLE 7
09511 ACOUSTICAL TILE CEILINGS 3
09666 SHEET VINYL FLOOR COVERINGS 5
09678 RESILIENT WALL BASE AND ACCESSORIES 3
09680 CARPETING 6
09800 SPECIAL COATINGS 4
09900 PAINTING 10
SECTION TITLE PAGES
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DIVISION 10 - SPECIALTIES
10155 TOILET COMPARTMENTS 4
10200 LOUVERS AND VENTS 3
10425 SIGNS 5
10522 FIRE EXTINGUISHERS, CABINETS, AND 3
ACCESSORIES
10800 TOILET AND BATH ACCESSORIES 4
DIVISION 11 - EQUIPMENT
11450 RESIDENTIAL EQUIPMENT 2
DIVISION 12 - FURNISHINGS
12690 FLOOR MATS AND FRAMES 3
DIVISION 13 AND 14 (OMITTED)
DIVISION 15 - MECHANICAL
15050 MECHANICAL GENERAL 12
15060 GENERAL ELECTRICAL REQUIREMENTS 2
15400 PLUMBING 4
15500 FIRE PROTECTION SYSTEM 4
15600 HEATING, VENTILATING AND 5
AIR CONDITIONING
DIVISION 16 - ELECTRICAL
16100 ELECTRICAL GENERAL 10
16200 MATERIALS 6
16300 INSTALLATION METHODS 6
16600 ELECTRICAL SYSTEMS 2