The URL can be used to link to this page

Browse Search

Home My WebLink About20091109.tiffRESOLUTION RE: APPROVE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR WELD COURT ARRAIGNMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - SIERRA DETENTION SYSTEMS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Standard Form of Agreement between Owner and Contractor for the Weld Court Arraignment Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Sierra Detention Systems, commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Standard Form of Agreement between Owner and Contractor for the Weld Court Arraignment Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Sierra Detention Systems be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D., 2009. ATTEST: Weld County Clerk to the BY. De APPRO uy Cler cUto the Board. FORM: ou y Attorney Date of signature. 51 96/6`i BOARD OF COU, WELD •UNTY. COMMISSIONERS LORADO Iliam F. Garcia, Chair OJT 6,3 CP-QN'NCLk. Douglas Rademac er, Pro-Tem n P. Conway David E. Long 2009-1109 CT0012 AA' Document A101"— 2007 Instructions Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum GENERAL INFORMATION Purpose. AIA Document A 101-2007 is intended for use on construction projects where the basis of payment is a stipulated sum (fixed price). It is suitable for any arrangement between the Owner and Contractor where the cost has been set in advance, either by bidding or by negotiation. Related Documents. This document has been prepared for use in conjunction with AIA Document A201 Tm-2007, General Conditions of the Contract for Construction, which is adopted into A101-2007 by a specific reference. This integrated set of documents is suitable for most projects; however, for projects of limited scope. use of AIA Document Al 071m-2007 may be considered. The A 101-2007 document is used as one part of the Contract Documents that memorialize the Contract for Construction between the Owner and the Contractor. The other Contract Documents are: General Conditions (i.e., A201-2007) Supplementary Conditions Drawings Specifications Modifications Although the AIA does not produce standard documents for Supplementary Conditions, Drawings or Specifications, a variety of model and guide documents are available, including AIA's MASTERSPEC and AIA Document A503 FM_2007, Guide for Supplementary Conditions. AlA Document A101-2007 is published in conjunction with the following related documents: A20Irm-2007, A401, m-2007, A503'r"1-2007, A7011m-1997, B101, m-2007, C40I Tm-2007, E201T51 2007, General Conditions of the Contract for Construction Standard Form of Agreement Between Contractor and Subcontractor Guide for Supplementary Conditions Instructions to Bidders Standard Form of Agreement Between Owner and Architect Standard Form of Agreement Between Architect and Consultant Digital Data Protocol Exhibit Dispute Resolution —Mediation and Arbitration. Through its adoption by reference of AIA Document A201-2007, this document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non -binding process, but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration is binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable hut the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example. in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act. The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, call the American Arbitration Association at (800) 778-7879, or visit their Web site at www.adr.org. Why Use AIA Contract Documents. AIA Contract Documents are the product of a consensus -building process aimed at balancing the interests of all parties on the construction project. The documents reflect actual industry practices, not theory. They are state-of-the-art legal documents, regularly revised to keep up with changes in law and the industry —yet they are written, as far as possible, in everyday language. Finally, AIA contract documents are flexible: they are intended AIA Document A101", — 2007. Copyright © 1915.1918.1925,1937,1951.1958.1961.1963,1967.1974.1977, 1980. 1987.. 1991. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING- This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document. or any portion DI ; may resue 8. severe (ALL n e: pona'diesand will he prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel copyright@aia.org. 1 to be modified to fit individual projects, but in such a way that modifications are easily distinguished from the original, printed language. Use of Non-AIA Forms. If a combination of AMA documents and non-AIA documents is to be used, particular care must be taken to achieve consistency of language and intent among documents. Letter Forms of Agreement. Letter forms of agreement are generally discouraged by the AIA, as is the performance of a part or the whole of the Work on the basis of oral agreements or understandings. The standard A1A agreement forms have been developed through more than 100 years of experience and have been tested repeatedly in the courts. In addition, the standard forms have been carefully coordinated with other ALA documents. Standard Forms. Most AIA documents published since 1906 have contained in their titles the words "Standard Form." The term "standard" is not meant to imply that a uniform set of contractual requirements is mandatory for ALA members or others in the construction industry. Rather, the AIA standard documents are intended to be used as fair and balanced baselines from which the parties can negotiate their bargains. As such, the documents have won general acceptance within the construction industry and have been uniformly interpreted by the courts. Within an industry spanning 50 states ----teach free to adopt different, and perhaps contradictory, laws affecting that industry—AIA documents form the basis for a generally consistent body of construction law. Use of Current Documents. Prior to using any AIA Contract Document, users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. This document is intended for use as a consumable —that is, the original document purchased is to be consumed in the course of its use. This document may not be reproduced for project manuals. If a user wishes to include a sample or samples of this document in a project manual, the normal practice is to purchase a quantity of the preprinted forms, binding one in each of the manuals. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed A101-2007, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software. Licensed AIA software users should consult the End User License Agreement (EULA). To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. CHANGES FROM THE PREVIOUS EDITION A101-2007 revises the 1997 edition of A101 to reflect changes made in AIA Document A201-2007. It incorporates alterations proposed by architects, contractors, owners, and professional consultants. The following arc some of the significant changes made to A101 -m-1997. Throughout: References in A 101 2007 to the General Conditions refer specifically to A201-2007. Article 4: New Section 4.4 provides a fill point for stating allowances included in the Contract Sum. Article 6: The Agreement now includes a new Article 6, Dispute Resolution. New Section 6.1 provides a fill point where the Owner and Contractor may identify a neutral third -party Initial Decision Maker (1DM). If they do not appoint a third - party IDM, then the Architect will act as the 1DM, as in A201-1997. Also, as in A201-1997, an initial decision is a condition precedent to mediation, and mediation is a condition precedent to any binding form of dispute resolution. However, arbitration is not mandatory under A201-2007 so the parties must select the binding method of dispute resolution from three choices: arbitration, litigation or another method that the parties must identify. New Section 6.2 provides a checkbox for selecting, or stating, the method of binding dispute resolution to be followed for any dispute not settled through mediation. AIA Document A101 TM - 2007. Copyright © 1915. 1918. 1925, 1937. 1951. 1958. 1961. 1963. 1967, 1974. 1977. 1980, 1987, 1991, 1997 and 2007 by The 2 American Institute of Architects. All rights reserved. WARNING: This Al A- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel copyright@aia.org. Article 9: A201-2007 encourages the Owner and Contractor to establish protocols governing the transmission of digital data on the project. For that reason, A101-2007 includes a new Section 9.1.7.1 that enumerates AIA Document E20I- 2007, Digital Data Protocol Exhibit, as part of the Contract Documents. If the parties to not complete AIA Document E201-2007, Section 9.1.7.1 provides a fill point for inserting the title of another document. Article 10: A new Article 10 is added for stating bonding requirements, if any, and limits of liability for insurance, as required in Article I I of AIA Document A201-2007. USING A101-2007 Notices. Prospective bidders should be informed of any additional provisions which may be included in A101-2007, such as for liquidated damages or for stored materials, by an appropriate notice in the Bidding Documents and the provisions for Supplementary Conditions. Modifications. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. Users are encouraged to consult an attorney before completing or modifying a document. In a purchased paper AIA Contract Document, necessary modifications may be accomplished by writing or typing the appropriate terms in the blank spaces provided on the document, or by attaching Supplementary Conditions, special conditions or referenced amendments. Modifications directly to purchased paper AIA Contract Documents may also be achieved by .striking out language. However, care must be taken in making these kinds of deletions. Under NO circumstances should standard language be struck out to render it illegible. For example, users should not apply blocking tape, correction fluid, or Xs that would completely obscure text. Such practices may raise suspicion of fraudulent concealment, or suggest that the completed and signed document has been tampered with. Both parties should initial handwritten changes. Using AlA software, modifications to insert information and revise the standard AIA text may he made as the software permits. By reviewing properly made modifications to a standard AIA Contract Document, parties familiar with that document can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and expedited, good -faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny. AIA Contract Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors and cloud legal interpretation given to a standard clause. Furthermore, retyping and electronic scanning are not permitted under the user's limited license for use of the document, constitute the creation of a derivative work, and violate the AIA's copyright. Cover Page Date: The date represents the date the Agreement becomes effective. It may be the date an original oral agreement was reached, the date the Agreement was originally submitted to the Owner, the date authorizing action was taken or the date of actual execution. It will be the date from which the Contract Time is measured unless a different date is inserted under Section 3.1. Parties: Parties to the Agreement should be identified using the full address and legal name under which this Agreement is to be executed, including a designation of the legal status of both parties (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, closed or professional, etc.). Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. Other information may be added, such as telephone numbers and electronic addresses. Project: The proposed Project should be described in sufficient detail to identify: (I) the official name or title of the facility; (2) the location of the site, and (3) a brief description of the Project, including the proposed building usage, size, and capacity or scope of the Project. Architect: As in the other AlA Contract Documents, the Architect's full legal or corporate title should be used. AIA Document A101 TM -2007. Copyright© 1915, 1918. 1925, 1937, 1951, 1958. 1961. 1963. 1967, 1974. 1977. 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents. e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Article 2 The Work of This Contract If portions of the Work are to be performed by persons or entities other than the Contractor, these should be indicated in the Supplementary Conditions. Article 3 Date of Commencement and Substantial Completion The following items should be included as appropriate: § 3.1 The date of commencement of the Work should be inserted if it is different from the date of the Agreement. It should not he earlier than the date of execution (signing) of the Agreement. After the first sentence, enter either the specific date of commencement of the Work, or if a notice to proceed is to be used, enter the sentence, "The date of commencement shall be stipulated by the notice to proceed." When time of performance is to be strictly enforced, the statement of starting time should be carefully weighed. § 3.3 The time within which Substantial Completion of the Work is to he achieved may be expressed as a number of days (preferably calendar days) or as a specified date. If a specified date is used and the date of commencement is to he given in a notice to proceed. these dates must be carefully coordinated to allow sufficient time for completion of the Work. Any requirements for earlier Substantial Completion of portions of the Work should be entered here. Optionally, insert any provisions for liquidated damages relating to failure to achieve Substantial Completion on time, or for bonus payments for early completion. Liquidated damages are not a penalty to be inflicted on the Contractor, but must bear an actual and reasonably estimable relationship to the Owner's loss if construction is not completed on time. There is little or no legal precedent to support the proposition of linking a bonus with a penalty. If liquidated damages are to be assessed because delayed construction will result in actual loss to the Owner, the amount of damages due for each day lost should be entered in the Supplementary Conditions or the Agreement. Factors such as confidentiality or the need to inform subcontractors about the amount of liquidated damages will help determine the placement of such language. If provision for liquidated damages is included, it should he carefully drafted by the Owner's attorney. Such a provision may be based on the following sample language: "The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: Dollars ($ )." For further information on liquidated damages, penalties and bonus provisions, see AIA Document A503-2007, Guide for Supplementary Conditions. Article 4 Contract Sum § 4.1 Enter the Contract Sum payable to the Contractor. § 4.2 Identify any alternates described in the Contract Documents and accepted by the Owner. If bidding or proposal documents permit the Owner to accept other alternates, subsequent to this document's execution, attach a schedule showing the amount of each alternate and the date it expires. § 4.3 Identify unit prices and state quantity limitations, if any, to which the unit price will be applicable. § 4.4 Identify and state the amount of any allowances. Article 5 Payments § 5.1.2 Insert the time period covered by each Application for Payment if it differs from the one given. § 5.1.3 Insert the time schedule for presenting Applications for Payment, and indicate due dates for making progress payments. The last day upon which Work may be included in an Application should normally he no less than 14 days prior to the payment date, in consideration of the 7 days required for the Architect's evaluation of an Application and issuance of a Certificate for Payment and the time subsequently accorded the Owner to make Payment in Article 9 of A201. The Contractor may prefer a few additional days to prepare the Application. Due dates for payment should be acceptable to both the Owner and Contractor. They should allow sufficient time for the Contractor to prepare an Application for Payment, for the Architect to certify payment, and for the Owner to make payment of the Architect's certified amount. They should also be in accordance with time limits established by this Article and Article 9 of A201-2007. AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925. 1937. 1951, 1958, 1961, 1963, 1967. 1974, 1977, 1980. 1987. 1991. 1997 and 2007 by The 4 American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents. e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 5.1.6.1 Indicate the percent retainage, if any, to be withheld when computing the amount of each progress payment. The Owner frequently pays the Contractor the hulk of the earned sum when payments fall due, retaining a percentage to ensure faithful performance. These percentages may vary with circumstances and localities. The AIA endorses the practice of reducing retainage as rapidly as possible, consistent with the continued protection of all affected parties. See AIA Document A503-2007, Guide for Supplementary Conditions, for a complete discussion. § 5.1.6.2 Insert any additional retainage to be withheld from that portion of the Contract Sum allocable to materials and equipment stored at the site. Payment for materials stored off the site should be provided for in a specific agreement and enumerated in Section 8.6. Provisions regarding transportation to the site and insurance protecting the Owner's interests should be included. § 5.1.8 Describe any arrangements to reduce or limit retainages indicated in Sections 5.1.6.1 and 5.1.62, if not explained elsewhere in the Contract Documents. A provision for reducing retainage should provide that the reduction will he made only if the Architect judges that the Work is progressing satisfactorily. If the Contractor has furnished a bond, demonstration of the surety's consent to reduction in or partial release of retainage must be provided before such reduction is effected. Use of AIA Document G707A1A1-1994 is recommended. § 5.2.2 Insert the date by which Owner shall make final payment, if it differs from the one stated. When final payment is requested, the Architect should ascertain that all claims have been settled or should define those which remain unsettled. The Architect should obtain the Contractor's certification required by Article 9 of A201-2007 and must determine that, to the best of the Architect's knowledge and belief and according to the Architect's final inspection, the requirements of the Contract have been fulfilled. Article 6 Dispute Resolution § 6.1 In this section, the Owner and Contractor may identify an Initial Decision Maker to render initial decisions on claims arising between them. If the parties do not identify an Initial Decision Maker, then the Architect will provide initial decisions. § 6.2 Select from three choices of binding dispute resolution: (I) arbitration, (2) litigation or (3) another method that the parties must identify. Other types of dispute resolution include a dispute resolution hoard or a mini -trial. For additional information about other methods of dispute resolution, refer to The Construction Industry's Guide to Dispute Avoidance and Resolution, free online at www.adr.org. Article 8 Miscellaneous Provisions § 8.2 Enter any agreed -upon interest rate for overdue payments. § 8.3 Identify the Owner's representative and indicate how that person may be contacted. § 8.4 Identify the Contractor's representative and indicate how that person may he contacted. § 8.6 Insert other contract provisions here. Article 9 Enumeration of Contract Documents A detailed enumeration of all Contract Documents must be made in this article. List additional documents in Section 9.1.7 that will form part of the Contract Documents. EXECUTING THE AGREEMENT The persons executing the Agreement should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the Agreement. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document A101 TM -2007. Copyright© 1915. 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1967, 1974. 1977, 1980, 1987. 1991. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel. copyright@aia.org. SIERRA_ DETENTION SYSTEMS; Total Security Solutions Proposal Date: 04.02.2009 Proposal No.: W-0402009 Facility: Weld County Courts Address: 915 10th St. Attn: Toby Taylor Phone: 970.304.6531 Re: Court Arraignment Proposal Fax: Summary of Proposal: The following is our price quotation to provide a fully assembled, installed and tested detention security package as described below. This proposal is based on our site visit and verbal instructions from the facility. Due to the volatile nature of materials this quotation is valid for only 30 days. Included: • Submittal development, project coordination, engineering, assembly, programming and O&M manuals. • Installation by a Sierra Field Technician, system testing, owner training and final documentation. Aethra X3 Videoconferencing System 5 5 Aethra X3 XGA MCU Option 5 Aethra X3 Dual Video Option 5 Aethra X3 1 Year Platinum Support Clear 5 Video Cart Clear 5 VTC Wall Mount Shelf Clear 5 VTC Set Top Cart Mounting Kit Omnimount Fixed Back LCD Wall Mount 5 Exceptions: Permit, fees, bond, line voltage to power our equipment, and painting. Total Price = $91,275.00 Sales tax not included in quotation Warranty: Sierra Detention Systems shall guarantee our systems to be free from defects for one year. We shall replace defective material in a timely fashion after diagnosis. Sierra will not replace or warrant product, which is damaged due to negligence, fire, riot, acts of god or vandalism. Sierra Detention Systems is a national security integrator and all of our projects are designed and programmed by licensed and factory trained engineers in a non-proprietary manner. For more information about Sierra Detention Systems please visit our website at www.sierradetentionsystems.com. If you have any questions, please feel free to call me at 303-278-6879. Martin Garcia Technical Services Director mqa rciaCd≥sierradetentionsystems. com 15850 West B" Avenue I Golden, Colorado 80401 I Phone: (303) 278-6879 I Fax: (303) 278-6921 I www.sierradetentionsystems.com 2009-1109 T I Document AIOITM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum init. AGREEMENT made as of the —r gQtaertt 1 in the yearrwet a4 J nj (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) W.vadn Cooeowtk-s j U366 C.w4 14rro:,5nment 9i5 uoilb s S Cli- etu.1 t Lthorasl6 Them. gip - 3o`i • 1 531 and the Contractor: (Name, address and other information) Sim De:{en-Hon erns 15850 uVDA- t t R at ficAclen, tors ado 3d-1ot o-PiCAB: 503- ails -Urn FOLIC 303-218-V111 for the following Project: (Name, location, and detailed description) tousk Areol3nment Prbpo50j U3& c stLntiaJ eou k -S %ors& No. \►i-0402009 The Architect: (Name, address and other information) NCR The Owner and Contractor agree as follows. day of Apr; This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 T""-2007, 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. AIA Document A101 T" -2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 1 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS 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, all of which 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 a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to he 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.) lf, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. Init. AIA Document A101 TM -2007. Copyright © 1915. 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967. 1974, 1977, 1980, 1987. 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than D3O Bathed F -o( . (a40 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date ntav be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early, completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Notts Onethoukvi.rti TWo Hundred S,totohj Fi tit — Dollars Ait'f75t ), 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: (State the numbers or other identification of accepted alternates. /f the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) init. Item Units and Limitations Price Per Unit § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 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. AIA Document A101 "^ — 2007. Copyright © 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the LQs1 ( ) day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Fi.?{e 4.}, ( ISitt. ) day of the FeMOU31Yl ( ) month. If an Application for Payment is received by the Architect after the application date fixed affiove, payment shall be made by the Owner not later than slil1( 30---) days after the Architect receives the Application for Payment. (Federal, s e or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent 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. 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 he used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents. the amount of each progress payment shall be computed as follows: .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of to rb percent ( 0%.). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 ni-2007, General Conditions of the Contract for Construction; .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 ( °lo); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of ATA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall he further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of ALA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .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 Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Init. AIA Document A101 TM - 2007. Copyright © 1915. 1918. 1925, 1937, 1951. 1958. 1961. 1963, 1967, 1974, 1977. 1980. 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 5.1.9 F pt w'th th2-Sa "r p for gppr.,,.al tha rrtnrr.,rtor ctv It not payments to c„pplinrc, tor =te or equipment whieh hair, net been deliv-red and stored at the .,ite. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall he made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 112.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a filial Ccitifivaic fot Payment hu3 been ircued by the Architevt. § 5.2.2 The Owner's final payment to the Contractor shall he made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) ❑ Arbitration pursuant to Section 15.4 of AIA Document A201-2007 ❑ Litigation in a court of competent jurisdiction ❑ Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may he terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. Init. AIA Document A101". - 2007. Copyright © 1915, 1918, 1925. 1937. 1951, 1958, 1961. 1963, 1967, 1974. 1977. 1980. 1987. 1991. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA®Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel. copyright@aia.org. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 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.) § 8.3 The Owner's representative: (Name, address and other information) Totp0.3Ta`po�r -hone: 970 - 304 -10531 105 4 foxy 91O-3O1- vo roc 76% 2 § .4 The ontractor s representative: (Name, address and other information) 4ce144-,`+•home, -Tha5 4n+ Vhone2. 303.23$-lot1 9ierro teicn'ncn %ste ns �C�.1�'- 303' �7Y' (09:2 I s410P-P. s�6o►�masf-�loth Annue § 8 5 Neither the owner's nor41 Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions arc AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Init. Section Title Date 'Rau to &sans Delia; on }erns Ri ropo No. W 2.009 Pages AIA Document A101 TM - 2007. Copyright © 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977. 1980, 1987, 1991. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. • § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Init. OWNER (Signature) § 9.1.6 The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201 TM -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AlA DocumentA201- 2007provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's hid 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.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I I of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of ALA Document A201-2007.) This Agreement entered into as of the day and year first written above. RACTOR (Signature) 05/11/2009 William F. Garcia, Chair, Board of Commissioners (Printed name and title) (Printed name and title) CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967. 1974, 1977, 1980. 1987. 1991. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. `l - //D Hello