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Home My WebLink About20021605 RESOLUTION RE: APPROVE STANDARD FORM OF AGREEMENT FOR DIVISIONS 11 AND 13 OF WELD COUNTY JAIL 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 for Divisions 11 and 13 of the Weld County Jail between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Sierra Steel Company, with 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 for Divisions 11 and 13 of the Weld County Jail 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 19th day of June, A.D., 2002. BOARD OF C UNTY COMMISSIONERS , OLORADO ATTEST: �/ ,I �' <3 ®, Mr Pc • =, GI aad, Chair Weld County Clerk to 8B.ay("-ar.)A r ii"r David E. r g, Pro-Tem • Deputy Clerk to the Boar , „ . M. J. Geile AP D AS TO FO EXCUSED DATE OF SIGNING (AYE] ��— ill' m Jerk Attorney ��1h1��\1\(�� obert D. asden Date of signature: one C 2002-1605 C PR0023 T II E AMERICAN INSTITUTE OF ARCHITECTS • AIA Document A101 Standard Form of Agreement Between Owner and Contractor inhere the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction. is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 14th day of May in the year of Nineteen Hundred and 2002 BETWEEN the Owner: (Name and address) Weld County 910 10th Avenue Greeley, CO 80631 and the Contractor: (Name and address) Sierra Steel Company 15820 West 6th Avenue Golden, Colorado 80401 The Project is: (Name and location) Weld County Jail Additions 2110 "O" Street Greeley, CO 80631 The Architect is: (Name and address) Bley And Associates 2020 Clubhouse Road Greeley, CO 80634 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1'X07, 1974, 1977,©1987 by The American Institute of Archi- tects, 1735 New York Avenue,N.W.,Washington,D.C.20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT A101 • OWNERCONTRACTOR AGREEMENT• TWELFTH EDITION•AIA• • O1987 1 In:AMERICAN INSTITUTE.OF ARCHITECTS,1735 NEW YORK AVENUE,N.W„WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unllansid plrolocepying violate U,S.copyright lows and Is subject to Mpd prw.auon. 2002-1605 • ARTICLE 1 THE CONTRACT DOCUMENTS The Cont fact Documents consist of this Agreement, alit of the Contract(General,Supplementary amt other Conditions). I)rawings, Sreel leat ions.addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Nt ati lisations issued after execution of this Agreement;these form the Contract.and are as filly a pan of the Contract as if auached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes pnor negotLuiolts representations or agreements.either written or ota1.An enumeration of the•Contract Documents, other than Modifications, appears in Article 9. NO CHANGE ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Consult,Design, Engineer, Manufacture and Construct detention equipment as outlined in the plans prepared by the architect for the Plans and Divisions 11 and 13 of the Specifications. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured.and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, i/it differs from the date of this Agreement or, if applicable.state that the date a ill be fixed in a notice to proceed) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages.mechanic's liens and other security interests. September 30, 2003 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion deers taut portions q the Work, if not stated elsta-here in the Contract Documents.) Liquidation Damages N/A , subject to adjustments of this Contract Time as provided in the Contract Documents. (Iona provisions If any.for liquidated damages relating to failure to Complete on limn) ALA DOCUMENT A101 • OWNERCONTMCTOR AGREEMENT• TWELFTH EDITION•AIA• • 01967 Tile AMERICAN INSTITUTE OFARCIIITECTS,171S NEW YORK AVENUE,N.W„WASHINGTON,D.C,tcxs,G A101-1987 2 WARNINO:Unnamed photocopying violates U.S.copydgM lows end M ear to legal prosecution. ARTICLE 4 • CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's Ixrfonnan e of the Contract the Contract Sum of One million seven hundred ninety four thousand two hundred ninety nine Dollars (S $1,794,299.00 subject to adjustment as bids arc received ), subject to auditions and deductions :Is provided in the Con- tract 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. if decisions on other alternates awl()be made by the Ginter subsequent to the eXe uti(1n of this Agreement,attach a schedule of such other alternates showing the amount for each and the date until wahine that amount is calla) Base Contract $1,794,299.00 Payments received for Consulting Services ($140,000.00) 4.3 Unit prices, if any, are as follows: Contractor is required to receive bids for Electronics, which contain electrical services for division 13 separately. These bids are to be opened publicly at the time and location specified by the owner. Values for this item shall be included in the schedule of values as appropriate. AIA DOCUMENT A101 • oWNERCONTRACTOR AGREEMENT• TWEISTII EDITION• AIA• • O1997 • TI1L'AMERICAN INSTITUTE OP ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,O.C.2tri1G A101-1987 3 WARNING:Unlicensed photocopying violates U.B.ccpyrlgM laws and Is AMMO to legal prowcWon. ARTICLE 5 PROGRESS PAYMENTS 5.1 Rased upon Applications for Payment submitted to the Architect by the Contractor and Certificates liar 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: Progress billings shall be submitted to the owner not later than the 20th of each month any work is performed and shall be paid by the owner not later than the 10th of the following month. 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the 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 and he prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule. • unless objected to by the Architect. shall be used as a basis for reviewing the Contractors Applications for Payment. 5.5 Applications for Payment 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. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Wbrk as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( 10 %).Pending final determination of cost to the Owner of changes in the Work,amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the s to 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 ( %); 10 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent( 5 %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims;and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: nl rl rs mended prior to Substantial Completion c/the entire R'nrk, to reduce or limit the retainage resulting from the percentages inserted in Sobpura. mind!. S.(//and 5.G.1 above.and this is not explained elsewhere in the Contract Documents, Insert here pror/lions for such reduction or limitation.) Retainage shall be reduced to 5% overall when the project billing reaches 50% of total adjusted contract amount. • AlA DOCUMENT ABM • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•MAC • 01987 711E AMERICAN INSTITUTE OPARCIIITELTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20W6 A101.1987! 4 • WARNING:Unlicensed photocopying violates V.B.copyright taws and Is subject to legal prosecution.• ARTICLE 6 FINAL PAYMENT Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall he made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 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.) (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business,the location of the Project and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: ARTICLE B TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA° • ©I9t37 TIIE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101.1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws end is sublect to legal prosecution. ARTICLE 9 • ENUMERATION OF CONTRACT DOCUMENTS • 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,AIA Document AIOI, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Constntction,AIA Document A_'01, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages Enumeration of Documents supplied by Architect. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3.and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION•AIA• • I9R7 A101.1997 • 6 'DIE AMERICAN INSTITUTE OF ARCI IITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violate,U.B.copyright Isom mid 4 aM sea to Mpd pmwevdon, 9.1.5 The Dr:m ings are as follows, and are dated unless a dillerent date is shown below. (Other/isl Ow Drawings hew fit n•/i•r to all r.YhJnl erlLn Nrvf in this:I,l'rvemenl.) N her Title Date SE0.0 A2.0 S E 1.0 A3.0 SE1.1 A3.1 SE1.2 A3.2 A0.0 A3.3 A1.0 A3.4 A1.1 A3.5 A1.2 A3.6 A1.3 A3.7 A1.4 A3.8 A1.5 A5.0 A1.6 A5.1 A1.7 A5.2 A1.8 A5.3 A1.9 A6.0 A1.10 A6.1 A1.11 A6.2 A1.12 A6.3 A1.13 A6.4 A1.14 9.1.6 The addenda, if ant are as follows: Number Date Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements arc also enumerated in this Article 9. AM DOCUMENT A701 • OWNERCONTRACTOR AGREEMENT• TWELFTH EDITION• MA• • ®1917 • TIIE AMERICAN INSTITUTE OF ARCHITECTS,1733 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.NXX)6 A101.1987 7 WARNING:Unikuwd photowpytnp violin U.B.copyright Mom ird le mt$.et to MO pmncution. 9.1.7 Other documents. if any, forming part of the (Contract Documents are as follows, • (list herr am'additional,hnarrrend which are Intended fn form part n/the(anilrac IN VII Thet.enenJ r'wtLnnae()mulch)that hnldinerrgfurernrnty uatr ILA,nlreriieernnf Or'rnrvannn to lid. Marianna,lu Bidders,canrple/vans and the Cnrrtr'actor$/red.in'not part nl the tTnfrd,I/1s'JpenL1 anle<s:nurmerzmJ m:his Agreement. lher should he listed her,mar if intended to be/part(q.for I ',it,ae f IN VIIIIIC/It ) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor,one to the Architect for use in the administration of the Contract,and the remainder to the Owner. OWNflrs Board of CONTRACTOR I Sfgnunuay (Signature)Glenn Vaad, Chair (06/19/2002) L(/• SSi� ea' �£5'�'ac/ (Printed name and title/ (Printed name and title) APICAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION• AIA• • (919117, TIIE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON.D.C.2(006 A101-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. Hello