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Home My WebLink About20060854.tiff RESOLUTION RE: APPROVE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER FOR DETENTION ELECTRONICS FOR NORTH JAIL COMPLEX, PHASE III, AND AUTHORIZE CHAIR TO SIGN - SIERRA STEEL COMPANY 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 Design-Builderfor Detention Electronics for North Jail Complex, Phase III, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Sierra Steel Company, commencing upon full execution, with terms and conditions being as stated in said form of agreement, and WHEREAS,after review,the Board deems it advisable to approve said form of 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 Design-Builder for Detention Electronics for North Jail Complex, Phase III, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Sierra Steel Company 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 22nd day of March, A.D., 2006. I� ELk -OARD OF C'UNTY COMMISSIONERS ' ' ELD COU.,�Y, COLORADO 1� ATTEST: -'3I 427�= �_• ' "'' ,I..-'eile, Chair Weld County Clerk to the Bo in " (� / �`' c:- David E. Long, Pro-Tem BY: '- U1 1 j Or 'c L 7) / De if Cle to the Board ' Fhd, Wil ' m H. Jerke AP D AS TO • Robe D. Masd o my Attorney Li/It I Glenn Vaad — Date of signature: 2006-0854 PR0028 ('C '.. e1/4.1..-- Oc-t- 13 O F-, 2 Document A141TM - 2004 Instructions Standard Form of Agreement Between Owner and Design-Builder GENERAL INFORMATION Purpose AIA Document Al41-2004 replaces AIA Document A191-1996, Standard Form of Agreement Between Owner and Design/Builder, and consists of the Agreement portion and three exhibits, Exhibit A,Terms and Conditions, Exhibit B, Determination of the Cost of the Work, and Exhibit C, Insurance and Bonds. A141-2004 forms the nucleus of the Contract for Design-Build between the Owner and Design-Builder. A141 requires the Owner and Contractor to select the basis of payment from three choices: (I)Stipulated Sum, (2)Cost of the Work plus Design-Builder's Fee, and(3) Cost of the Work plus Design-Builder's Fee with a Guaranteed Maximum Price. Design-build is a process in which the owner contracts directly with one entity to provide both the design and construction of the project.The design-builder may be a design-build entity, an architect,construction contractor, real estate developer, or any person or entity legally permitted to do business as a design-builder in the jurisdiction where the project is located.The design-builder's organization may take a variety of legal forms, such as a sole proprietorship, a partnership, a joint venture, or a corporation. An architect or architectural firm choosing to function as a design-builder may directly contract to perform design-build services or, alternatively, may form a separate corporate entity or joint venture for design-build. Prior to entering into this agreement, any person or entity that wishes to act as the design-builder should consult its legal counsel and insurance advisers. Some states may restrict or prohibit design-build practices under statutes that regulate architectural registration, contractor licensing,or incorporation of professionals. Related Documents AIA Document A141-2004 is published in conjunction with four other documents in the 2004 Design-Build Family. This family of documents is intended to govern the relationships among the parties to a design-build project. B142Tm-2004,Agreement Between Owner and Consultant, where the Owner contemplates using the Design-Build method of project delivery B 1431M-2004, Agreement Between Design-Builder and Architect A142TM-2004,Agreement Between Design-Builder and Contractor G704/DBTM-2004,Acknowledgement of Substantial Completion of a Design-Build Project Dispute Resolution—Mediation and Arbitration 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 but 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, write to the American Arbitration Association or call (800)778-7879.The American Arbitration Association may also be contacted at http://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 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 MA Document A141 TM—2004.Copyright©2004 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' Docun' - -- portion of n,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contr 2006-0854 e-mail The American Institute of Architects'legal counsel,copyright@aia.org. If a combination of AIA 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 AIA 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 AIA 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 AIA 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—each free to adopt different, and-perhaps contradictory, laws affecting that industry—MA 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. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed A141, 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 A141-2004 is not an update to the A191-1996 document that it replaces,but is a wholly new document with a new one-part format, and new content. Format A single standard form document replaces the A191-1996 edition's Part I Agreement for preliminary design and budgeting and the sequentially executed Part 2 Agreement covering final design and construction.The new A 141 integrates preliminary and final design with construction in a one-part agreement,and provides greater flexibility in tailoring the standard form to an individual project. Agreement terms are supplemented with exhibits for the terms and conditions, determination of the cost of the work, and insurance and bonding provisions. For example, the parties select the dispute resolution method in the Agreement. the provisions for which are defined in Exhibit A,Terms and Conditions. Exhibit A sections have the prefix"A."before the numbers to distinguish them from the section designations in the Agreement. Exhibit B and C sections are similarly distinguished. The Standard Form exhibits may be used as-is, modified,or replaced with custom exhibits of the parties' creation. 9 AIA Document A141 TM-2004.Copyright©2004 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. Content In A141, the Owner and Design-Builder must agree upon and designate the payment method from three choices: stipulated sum,cost plus a fee, or a guaranteed maximum price. These three payment methods are addressed separately within the agreement,and progress payment provisions are tailored to each of the three payment methods. Arbitration is not mandatory under the A141, so the parties must also select the binding method of dispute resolution from three choices: arbitration, litigation or another method that the parties must identify. A project Neutral is a new concept defined in Article I of Exhibit A. Because the Neutral makes initial decisions on claims,its function parallels, in part, the role of the Architect in a traditional design-bid-build project. USING THE A141-2004 FORM 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 AIA software,modifications to insert information and revise the standard AIA text may be 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. Standard Form of Agreement Between Owner and Design-Builder 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. Identification of the 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, close 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: Describe the proposed Project in sufficient detail to identify: (I)the official name or title of the facility; (2) the location of the site;(3) the proposed building usage;and (4)the size,capacity or scope of the Project. Article 3 Date of Commencement and Substantial Completion §3.1 Insert the date of commencement of the Work if it is different from the date of the Agreement. It should not be earlier than the date of execution (signing)of the Agreement. Enter either the specific date of commencement of the AIA Document A141 TM-2004.Copyright©2004 by The American Institute of Architects:All rights reserved. WARNING:This AIA'Document 3 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. 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. § 3.2 Optionally, insert any provisions for liquidated damages relating to failure to complete on time,or for bonus payments for early completion. Liquidated damages are not a penalty to be inflicted on the Design-Builder,but must hear 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 arc 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 here or in the Supplementary Conditions. 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 a provision for liquidated damages is included, it should be carefully drafted by the Owner's attorney. Such a provision may be based on the following sample language: "The Design-Builder and the Design-Builder'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(S )." For further information on liquidated damages, penalties and bonus provisions, see AIA Document A511T"_1999, Guide for Supplementary Conditions, free online at www.aia.org. §3.3 The time within which Substantial Completion of the Work is to be 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 be 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 if not specified elsewhere in the Design-Build Documents. Article 4 Contract Sum §4.1 Select the type of contract sum by checking the appropriate box. Next, complete the corresponding Section 4.2, 4.3 or 4.4, as appropriate. §4.2.1 Stipulated Sum Enter the Stipulated Sum payable to the Design-Builder. §4.2.2 Identify any alternates described in the Design-Build Documents and accepted by the Owner. If decisions on alternates are to be made subsequent to execution of A141-2004,attach a schedule showing the amount of each alternate and the date it expires. § 4.2.3 Enter the description, unit and price per unit for any unit prices. If unit prices are not covered in greater detail elsewhere in the Design-Build Documents,the following provision for unit prices is suggested: "The unit prices listed below shall determine the value of extra Work or changes in the Work,as applicable.They shall be considered complete and shall include all material and equipment, labor, installation costs, overhead and profit. Unit prices shall be used uniformly for additions or deductions." §4.2.4 Cash allowances,cash contingency allowances or specific allowances for overhead and profit on Change Orders may be included under this section. §4.4.3.1 Guaranteed Maximum Price Insert a Guaranteed Maximum Price for the Cost of the Work and the Design-Builder's Fee. Insert specific provisions if the Design-Builder is to participate in any savings when the final Contract Sum is below the Guaranteed Maximum Price. 4.4.3.2 Refer to Section 4.2.2 above. §4.4.3.3 Refer to Section 4.2.3 above. §4.4.3.4 Refer to Section 4.2.4 above. 4 AIA Document A141 n"—2004.Copyright©2004 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 5 Payments • §5.1.2 Insert the time period covered by each Application for Payment if it differs from one calendar month. §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 be no less than 14 days prior to the payment date, in consideration of the seven days allowed for the Owner's evaluation of an Application and issuance of the written acknowledgement of receipt pursuant to Section A.9.4, and a reasonable amount of time subsequently accorded the Owner to make Payment. Due dates for payment should be acceptable to both the Owner and Design-Builder.They should allow sufficient time for the Design-Builder to prepare an Application for Payment. and for the Owner to make payment. § 5.2.2.1 Indicate the percent retainage, if any, to be withheld when computing the amount of each progress payment. The Owner frequently pays the Design-Builder the bulk 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 A511-1999, Guide for Supplementary Conditions, for a complete discussion. §5.2.2.2 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 7.7. Provisions regarding transportation to the site and insurance protecting the Owner's interests should be included. §5.2.4 Describe any arrangements to reduce or limit retainages indicated in Sections 5.2.2.1 and 5.2.2.2, if not explained elsewhere in the Design-Build Documents. A provision for reducing retainage should provide that the reduction will be made only if the Owner judges that the Work is progressing satisfactorily. If the Design-Builder 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 G707ATM-1994. Consent of Surety to Final Reduction in or Partial Release of Retainage, is recommended. §5.3.2.2 Indicate the percent of retainage, if any,to be withheld from the Design-Builder's Fee when computing the amount of each progress payment. §5.3.4 Indicate the percent of retainage, if any, to be withheld when determining the maximum payment to Contractors to be included in each of the Design-Builder's Applications for Payment. The retainage 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 A511-1999,Guide for Supplementary Conditions,for further discussion. §5.4.2.3 Indicate the percent of retainage, if any. to be withheld from the Design-Builder's Fee when computing the amount of each progress payment. §5.4.3 Indicate the percent of retainage, if any, to be withheld from payments by the Design-Builder to Contractors. The retainage 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 A.511-1999, Guide for Supplementary Conditions, for further discussion. Article 6 Dispute Resolution §6.1 In this section,the Owner and Design-Builder may identify a Neutral to render initial decisions on claims arising between the Owner and Design-Builder. If the parties do not identify a Neutral,then the Owner shall provide the initial decision. §6.2 In the AIA 2004 Design-Build Family, binding arbitration is not mandatory for disputes that fail to settle in mediation. Instead, the parties are required to select from three choices of binding dispute resolution: (1) arbitration,(2) litigation or(3)another method that they must identify. Other types of dispute resolution include a dispute resolution board 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. AIA Document A141 TM-2004.Copyright©2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document 5 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 8 Enumeration of the Design-Build Documents A detailed enumeration of all Design-Build Documents must be made in this article. Exhibit A,Terms and Conditions Exhibit A supplies the terms and conditions for the A141-2004, Agreement between the Owner and Design-Builder. Do not use A201,General Conditions of the Contract for Construction, with the A141-2004 Agreement. Cover Page Identification of the Project and Parties: Identify the Project and the parties just as they appear on the cover page of the Agreement. Exhibit B,Determination of the Cost of the Work Exhibit B provides the definition for the Cost of the Work and a detailed listing of the costs to be reimbursed and those costs not to be reimbursed. If the Contract Sum is a Stipulated Sum, in accordance with Section 4.2 of the Agreement,Exhibit B is not applicable. Cover page Identification of the Project and Parties: Identify the Project and the parties just as they appear on the cover page of the Agreement. Exhibit C,Insurance and Bonds Exhibit C provides a location in the Design-Build Documents to(1) modify the provisions of A.11, Insurance& Bonds and provide applicable limits and deductible amounts, and (2)supply information regarding surety bonds (specifying their type and penal sums). Cover page Identification of the Project and Parties: Identify the Project and the parties just as they appear on the cover page of the Agreement. EXECUTION OF 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. 6 AIA Document A141TM-2004.Copyright©2004 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. tAJA Document A141TM- 2004 Standard Form of Agreement Between Owner and Design-Builder AGREEMENT made as of the Fifteenth day of March in the year of 2006 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Weld County Commissioner This document has important P.0. Box 758 legal consequences. Consultation with an attorney Greeley, CO 80632 is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. and the Design-Builder: (Name, address and other information) Sierra Steel Company 15850 W. 6th Avenue Golden, CO 80401 For the following Project: (Name, location and detailed description) Weld County Jail Additions Phase III Detention Electronics 2110 "0" Street Greeley, CO 80631 The Owner and Design-Builder agree as follows. AIA Document A141^r-2004.Copyright©2004 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 All,'Document,or any portion of 1 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. TABLE OF ARTICLES 1 THE DESIGN-BUILD DOCUMENTS 2 WORK OF THIS AGREEMENT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 MISCELLANEOUS PROVISIONS 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS TABLE OF EXHIBITS A TERMS AND CONDITIONS B DETERMINATION OF THE COST OF THE WORK C INSURANCE AND BONDS ARTICLE 1 THE DESIGN-BUILD DOCUMENTS §1.1 The Design-Build Documents form the Design-Build Contract. The Design-Build Documents consist of this Agreement between Owner and Design-Builder(hereinafter,the "Agreement")and its attached Exhibits; Supplementary and other Conditions; Addenda issued prior to execution of the Agreement;the Project Criteria, including changes to the Project Criteria proposed by the Design-Builder and accepted by the Owner, if any; the Design-Builder's Proposal and written modifications to the Proposal accepted by the Owner, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Design-Build Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Owner, (2)between the Owner and a Contractor or Subcontractor,or(3)between any persons or entities other than the Owner and Design- Builder, including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria.An enumeration of the Design-Build Documents, other than Modifications,appears in Article 8. §1.2 The Design-Build Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. §t3 The Design-Build Contract may be amended or modified only by a Modification. A Modification is(I)a written amendment to the Design-Build Contract signed by both parties, (2) a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Owner. ARTICLE 2 THE WORK OF THE DESIGN-BUILD CONTRACT §2.1 The Design-Builder shall fully execute the Work described in the Design-Build Documents,except to the extent specifically indicated in the Design-Build 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 be fixed in a notice 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.) AIA Document A141TM—2004.Copyright Cl 2004 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 2 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. If,prior to the commencement of Work,the Owner requires time to file mortgages,documents related to mechanic's liens and other security interests,the Owner's time requirement shall be as follows: (Insert Owner's time requirements.) §3.2 The Contract Time shall be measured from the date of commencement,subject to adjustments of this Contract Time as provided in the Design-Build Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) Meshed up General Contractor's schedule §3.3 The Design-Builder shall achieve Substantial Completion of the Work not later than days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement Unless stated elsewhere in the Design-Build Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Meshed up General Contractor's schedule ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's performance of the Design-Build Contract.The Contract Sum shall be one of the following: (Check the appropriate box.) ® Stipulated Sum in accordance with Section 4.2 below; ❑ Cost of the Work Plus Design-Builder's Fee in accordance with Section 4.3 below; ❑ Cost of the Work Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance with Section 4.4 below. (Based on the selection above, complete either Section 4.2, 4.3 or 4.4 below.) §4.2STIPULATEDSUMOne million two hundred eighty nine thousand six hundred fifty three §4.2.1 The Stipulated Sum shall be Dollars($1 ,289,653 ), subject to additions and deductions as provided in the Design-Build Documents. §4.2.2 The Stipulated Sum is based upon the following alternates, if any, which are described in the Design-Build Documents and are hereby accepted by the Owner: N/A §4.2.3 Unit prices, if any,are as follows: N/A §4.2.4 Allowances,if any,are as follows: (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.) N/A AIA Document A141TM—2004.Copyright©2004 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 3 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. §4,2.5 Assumptions or qualifications,if any,on which the Stipulated Sum is based,are as follows: N/A §4.3 COST OF THE WORK PLUS DESIGN-BUILDER'S FEE §4.3.1 The Cost of the Work is as defined in Exhibit B. N/A §4.3.2 The Design-Builder's Fee is: NIA (State a lump sum,percentage of Cost of the Work or other provision for determining the Design-Builder's Fee and the method of adjustment to the Fee for changes in the Work) §4.4 COST OF THE WORK PLUS DESIGN-BUILDER'S FEE WITH A GUARANTEED MAXIMUM PRICE §4.4.1 The Cost of the Work is as defined in Exhibit B,plus the Design-Builder's Fee. N/A §4.4.2 The Design-Builder's Fee is: (State a lump sum,percentage of Cost of the Work or other provision for determining the Design-Builder's Fee and the method of adjustment to the Fee for changes in the Work.) §4.4.3 GUARANTEED MAXIMUM PRICE §4.4.3.1 The sum of the Cost of the Work and the Design-Builder's Fee is guaranteed by the Design-Builder not to exceed Dollars($ N/A ),subject to additions and deductions by changes in the Work as provided in the Design-Build Documents. Such maximum sum is referred to in the Design-Build Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design-Builder without reimbursement by the Owner. (Insert specific provisions if the Design-Builder is to participate in any savings.) N/A §4.4.3.2 The Guaranteed Maximum Price is based on the following alternates,if any, which are described in the Design- Build Documents and are hereby accepted by the Owner: N/A §4.4.3.3 Unit Prices, if any,are as follows: N/A §4.4.3.4 Allowances,if any,are as follows: (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.) N/A §4.4.3.5 Assumptions,if any,on which the Guaranteed Maximum Price is based,are as follows: (Identify the assumptions on which the Guaranteed Maximum Price is based.) N/A AIA Document A141 TM-2004.Copyright CD 2004 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 4 it.may result in severe civil and criminal penalties.and will he prosecuted to the maximum extent possible under the In.; 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. §4.5 CHANGES IN THE WORK §4.5.1 Adjustments of the Contract Sum on account of changes in the Work may be determined by any of the methods listed in Article A.7 of Exhibit A,Terms and Conditions. §4.5.2 Where the Contract Sum is the Cost of the Work, with or without a Guaranteed Maximum Price,and no specific provision is made in Sections 4.3.2 or 4.4.2 for adjustment of the Design-Builder'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 will cause substantial inequity to the Owner or Design-Builder,the Design-Builder's Fee shall be equitably adjusted on the basis of the Fee established for the original Work,and the Contract Sum shall be adjusted accordingly. ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder,the Owner shall make progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the Design- Build Documents. §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 not later than the 31 s t day of month,the Owner shall make payment to the Design-Builder not later than the 10th day of the Next month.If an Application for Payment is received by the Owner after the application date fixed above,payment shall be made by the Owner not later than Five days after the Owner receives the Application for Payment. §5.1.4 With each Application for Payment where the Contract Sum is based upon the Cost of the Work,or the Cost of the Work with a Guaranteed Maximum Price,the Design-Builder shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Design-Builder on account of the Cost of the Work equal or exceed(1)progress payments already received by the Design-Builder,less(2)that portion of those payments attributable to the Design- Builder's Fee;plus(3)payrolls for the period covered by the present Application for Payment. §5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price,the Design-Builder shall submit the most recent schedule of values in accordance with the Design-Build Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.Compensation for design services shall be shown separately.Where the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price,the Design-Builder's Fee shall be shown separately.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.This schedule of values,unless objected to by the Owner, shall be used as a basis for reviewing the Design-Builder's Applications for Payment. §5.1.6 In taking action on the Design-Builder's Applications for Payment,the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Sections 5.1.4 or 5.1.5,or other supporting data;to have made exhaustive or continuous on-site inspections;or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid on account of the Agreement. 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. §5.1.7 Except with the Owner's prior approval,the Design-Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 PROGRESS PAYMENTS-STIPULATED SUM §5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. AIA Document A141^'—2004.Copyright©2004 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 distrbution of this AIA Document or any portion of 5 it.may result in severe civil and criminal penalties,and 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. §5.2.2 Subject to other provisions of the Design-Build 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 percent( %)on the Work,other than services provided by design professionals and other consultants retained directly by the Design-Builder.Pending final determination of cost to the Owner of Changes in the Work,amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A,Terms and Conditions; .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( %); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts, if any,for which the Owner has withheld payment from or nullified an Application for Payment as provided in Section A.9.5 of Exhibit A,Terms and Conditions. §5.2.3 The progress payment amount determined in accordance with Section 5.2.2 shall be 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 Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Section A.9.8.6 of Exhibit A, Terms and Conditions 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 Design- Builder,any additional amounts payable in accordance with Section A.9.10.3 of Exhibit A,Terms and Conditions. §5.2.4 Reduction or limitation of retainage, if any, under Section 5.2.2 shall be as follows: (lf it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.2.2.1 and 5.2.2.2 above, and this is not explained elsewhere in the Design-Build Documents, insert here provisions far such reduction or limitation.) N/A §5.3 PROGRESS PAYMENTS-COST OF THE WORK PLUS A FEE §5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price, Applications for Payment shall show the Cost of the Work actually incurred by the Design-Builder through the end of the period covered by the Application for Payment and for which Design-Builder has made or intends to make actual payment prior to the next Application for Payment. §5.3.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Exhibit B; .2 Add the Design-Builder's Fee, less retainage of ( %).The Design- Builder's Fee shall be computed upon the Cost of the Work described in the preceding Section 5.3.2.1 at the rate stated in Section 4.3.2;or if the Design-Builder's Fee is stated as a fixed sum in that section, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the preceding section bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; .4 Subtract the shortfall,if any, indicated by the Design-Builder in the documentation required by Section 5.1.4 or resulting from errors subsequently discovered by the Owner's accountants in such documentation;and .5 Subtract amounts, if any,for which the Owner has withheld or withdrawn a Certificate for Payment as provided in the Section A.9.5 of Exhibit A,Terms and Conditions. AIA Document A141TM-2004.Copyright O2004 by The American Institute of Architects.All rights reserved.WARNING:This AIA`Document is protected by US.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'Document.or any portion of 6 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. §5.3.3 Retainage in addition to the retainage stated at Section 5.3.2.2, if any, shall be as follows: §5.3.4 Except with the Owner's prior approval, payments for the Work,other than for services provided by design professionals and other consultants retained directly by the Design-Builder,shall be subject to retainage of not less than NSA ( %).The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and approval of payments and retention for Contractors. §5.4 PROGRESS PAYMENTS—COST OF THE WORK PLUS A FEE WITH A GUARANTED MAXIMUM PRICE §5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price 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.The percentage of completion shall be the lesser of(I)the percentage of that portion of the Work which has actually been completed;or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Design-Builder on account of that portion of the Work for which the Design-Builder 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. §5.4.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of 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 shall be included as provided in Section A.7.3.8 of Exhibit A,Terms and Conditions; .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; .3 Add the Design-Builder's Fee, less retainage of ( %).The Design- Builder's Fee shall be computed upon the Cost of the Work described in the two preceding sections at the rate stated in Section 4.4.2 or, if the Design-Builder's Fee is stated as a fixed sum in that section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in the two preceding sections bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any,indicated by the Design-Builder in the documentation required by Section 5.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's accountants in such documentation;and .6 Subtract amounts,if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Section A.9.5 of Exhibit A,Terms and Conditions. §5.4.3 Except with the Owner's prior approval, payments for the Work,other than for services provided by design professionals and other consultants retained directly by the Design-Builder,shall be subject to retainage of not less than N/A ( %).The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and approval of payments and retention for Contractors. §5.5 FINAL PAYMENT §5.5.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Design-Builder no later than 30 days after the Design-Builder has fully performed the Design-Build Contract,including the requirements in Section A.9.10 of Exhibit A,Terms and Conditions,except for the Design-Builder's responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements,if any,which extend beyond final payment. AIA Document A141m—2004.Copyright©2004 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 7 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 00)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 6 DISPUTE RESOLUTION §6.1 The parties appoint the following individual to serve as a Neutral pursuant to Section A.4.2 of Exhibit A,Terms and Conditions: (Insert the name, address and other information of the individual to serve as a Neutral. If the parties do not select a Neutral, then the provisions of Section A.4.2.2 of Exhibit A, Terms and Conditions, shall apply.) §6.2 If the parties do not resolve their dispute through mediation pursuant to Section A.4.3 of Exhibit A,Terms and Conditions,the method of binding dispute resolution shall be the following: (If the parties do not select a method of binding dispute resolution, then the method of binding dispute resolution shall be by litigation in a court of competent jurisdiction.) (Check one.) I Arbitration pursuant to Section A.4.4 of Exhibit A,Terms and Conditions ❑ Litigation in a court of competent jurisdiction ❑ Other(Specify) §6.3 ARBITRATION §6.3.1 If Arbitration is selected by the parties as the method of binding dispute resolution,then any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration as provided in Section A.4.4 of Exhibit A,Terms and Conditions. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 The Architect,other design professionals and consultants engaged by the Design-Builder shall be persons or entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as follows: (Insert name, address, license number, relationship to Design-Builder and other information.) N/A §7.2 Consultants,if any,engaged directly by the Owner,their professions and responsibilities are listed below: (Insert name, address, license number, if applicable, and responsibilities to Owner and other information.) N/A §7.3 Separate contractors,if any,engaged directly by the Owner,their trades and responsibilities are listed below: (Insert name, address, license number, if applicable, responsibilities to Owner and other information.) N/A §7.4 The Owner's Designated Representative is: (Insert name, address and other information.) N/A §7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with respect to the Project. ALA Document A141 m-2004.Copyright O2004 by The American Institute of Architects.All rights reserved.w/.RNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA Document,or any portion of 8 it.may result in severe civil and ctiminal 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. §7.5 The Design-Builder's Designated Representative is: (Insert name, address and other information.) Keith Thoene Sierra Steel Company §7.5.1 The Design-Builder's Designated Representative identified above shall be authorized to act on the Design- Builder's behalf with respect to the Project. §7.6 Neither the Owner's nor the Design-Builder's Designated Representative shall be changed without ten days written notice to the other party. §7.7 Other provisions: N/A §7.7.1 Where reference is made in this Agreement to a provision of another Design-Build Document, the reference refers to that provision as amended or supplemented by other provisions of the Design-Build Documents. §7.7.2 Payments due and unpaid under the Design-Build 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.) N/A (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 Design-Builder'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.) ARTICLE 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS §8.1 The Design-Build Documents,except for Modifications issued after execution of this Agreement, are enumerated as follows: §8.1.1 The Agreement is this executed edition of the Standard Form of Agreement Between Owner and Design-Builder, AIA Document AI41-2004. §8.1.2 The Supplementary and other Conditions of the Agreement,if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) §8.1.3 The Project Criteria,including changes to the Project Criteria proposed by the Design-Builder, if any,and accepted by the Owner,consist of the following: (Either list applicable documents and their dates below or refer to an exhibit attached to this Agreement.) §8.1.4 The Design-Builder's Proposal,dated 02 Feb 2006 ,consists of the following: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Submittals, Specifications, Plans, Schedules AIA Document A141TM—2004.Copyright©2004 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 'his AlA`Document.or any portion of 9 it,may result in severe ci,it and criminal penalties.and will be prosecuted to the maximum extent possib e under the raw.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. §8.1.5 Amendments to the Design-Builder's Proposal, if any,are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) N/A §8.1.6 The Addenda,if any,are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) N/A §8.1.7 Exhibit A,Terms and Conditions. (If the parties agree to substitute terms and conditions other than those contained in AIA Document A141-2004, Exhibit A, Terms and Conditions, then identify such terms and conditions and attach to this Agreement as Exhibit A.) None §8.1.8 Exhibit B,Determination of the Cost of the Work, if applicable. (If the panics agree to substitute a method to determine the Cost of the Work other than that contained in AIA Document A141-2004, Exhibit B, Determination of the Cost of the Work, then identify such other method to determine the Cost of the Work and attach to this Agreement as Exhibit B. If the Contract Sum is a Stipulated Sum, then Exhibit B is not applicable.) §8.1.9 Exhibit C,Insurance and Bonds,if applicable. (Complete AIA Document A141-2004, Exhibit C, Insurance and Bonds or indicate "not applicable.") As requested by statatory regulations §8.1.10 Other documents,if any,forming part of the Design-Build Documents are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) ATTEST: i61�„a/,r{'i��'(/t/ ≥''!E' COUNTY CLERK TO THE BOARD 1 � ATTESTING TO BOARD Of COUNTY BYyei 4:11,1/tor�Y `� COMMISSIONER SIGNATURES 0NLf DE UTY Cis AR TO THE HEAD a Th Agreement is entered into as of the day and year first written above and is executed ' at least three original copies,of which o is to be delivered to L�j' 7. ,iimn-Builder and one to the Owner. %C . OWNER(Signature) •I 1 Oa (% ��. ft D SIGN-BUILDER(Signature) li ( =' ii Si M. J. Geile, ChairNr e, , ,. 1,,, -2/ Printed name and title '4�btJ .N 1 ( ) O (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 A141",-2004.Copyright©2004 by The American Institute of Architects.All rights reserved.WARNING:This Ala'Document is protected by U.B.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of 10 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. :2 v6-AP5 Hello