HomeMy WebLinkAbout20050384 RESOLUTION
RE: APPROVE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND
CONTRACTOR FOR NORTH JAIL POD 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
for the North Jail Pod 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 the North Jail Pod 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 2nd day of February, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
\ /- WELD COUNTY, COLORADO
;tealWilliam H. Je , Chair
`r. ; '.L� lerk to the Board
•• J�y A, eile, Pro-T
Deputy Cie' tot e Board
Da ' E. Long
APP AS TO
Rob ,D../Ma den
my Attorney J ' i6-'61j
Glenn Vaa
ate of signature: •A,3/0,S-
2005-0384
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AI.1 Document A101
Standard Form of Agreement Between
Owner and Contractor
where 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 ALA 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 r day of ,S K in the year of
ZtnocoT
BETWErN 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 "0" Street
Greeley, CO 80631
The Architect is:
(.ante and address) Bley And Associates
202Q Clubhouse Road
Greeley, CO 80634
The Owner and Contractor agree as set forth below.
CopvrlVi1l 1915. 1918. 1925, 1937, 1951. 1958, 1901, 1963, 1907. '.974. 1977• (5D1987 by The Amcrtcan Institute of Archt'
!eels. I 735 lle'w yorK Avenue.N ' Wasnmumn. D.C. ?O006. Reprouucuon of the material herein or iunflanual quotation
of ns provisions without written permission ui the AIA violates me enpyrtunt laws of the United aLates orals will to sunlect u)
legal prosecution.
;.AA DOCUMENT A101 • owNEK.00NTEACTCH AGn EEMENT • TwELYril EDITION • AIA' • 47I VE7
•...nbi;ltIL.N INSTITUTEOP ARCHIr.:735 NEW YORK AVENUE,:LW..`AASIIINGTON,D.C.:ln , A101-1961 1
WARNING:Unilcanseo pnetocovytnm violates U.S.couynght laws and Is sublect to lags prosecution.
2005-0384
ARTICLE 1
THE CONTRACT DOCUMENTS •
'the Conuart Doeuinents consist of dos.\greetnent.Conchs ion,of the t aunt n ct(General,Supplement:try anal other Condit
I)rity in4s,Specilk:itions,addenda isaecl prior to Cu:ninon ni this Agreement,other clocumentr listed in this Agreement :mcl
\Irdilirations i.,tieel after eNcrwtctn of this Agrct nient.these form tI . Contniet..mel arc Is filly a I+.trt of the Conner a,it.utachecl
at tlti,.\grcemc:it or repauetl hen-:n.The Contract repro eats the entire and integrual.tcreen:ent between the parties hereto
and supersedes prior negotiat s.n-rn.,enrtionsor agreenienta.en her lcnuetI or Ct;l.An enunteruu'a1 t`I it:::clortract Ut IlutncNb.
odor than Nlodilications, appears in Article 0.
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 rcponsibility of others, or as follows:
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ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Comma Time of Par-•aapb 32 is measu_ed aad shall be the date of
this Agreement_as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice
to proceed issued by the Owner.
(Insert the date of commencement, if it differs front the date of this Agreement or, if applicable,state that the date will be fined in a notice to proceed.)
Calms 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 Hens
and other security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than February 16, 2005
slitters the calendar date or number of calendar days after the date of commencement.Also insert any requtremems for earlier Subs:about Completion of ccr•
Will portions of the work, if nut slated elsmhere in the Contract Documents.)
Liquidated Damages N/A
, ,uoject to adjustments of this Contract Time as provided in the Contract Documents.
(to s wrf pnrrtvom, if ugly.pr liquidated damages relating to failure.oo cum)detit on wife.)
AU JOC'JMENT:101 ' OWHER.CONTRACTOR AGREEMENT• 'VIY.LPTII Y.DITION a alA° • rJ l9trr
I IILAMIiRICIM INSTITUTE OF ARCIITEC:E.I73MI/YORK AVENUE.N.G..WASIIINGTON.D.C.;inkk A101-1987 a.
WARNING:UniICaMW photocopying violates U.B.wpynghl love and Is sugon tb kcal prosoco Uon.
ARTICLE 4
CONTRACT SUM •
.4.1 The Owner shall pay the Contractor in current,funds for the Contractor's pertontunce of the Contract the Contrtct Sum of
ot7EsA! 724:2“64.4.66724:2“64.4.66 Al/•u£ ,ct.a.oc&O w£u)t 4sttr r # °�� DoiLDollarsrVia
sublet to adjustment as bids arc received ) -t'OIccZ n) .t.anuotb. ante tea tic:inns ;LS prove ed 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 munhert Or other rdenhpc arum rf accepted alternates If da -ism:la MI caber altentat:s are hi be nutd,by the Omn,r a nnan(tlrnt to the esrumun Ty
this Agreement. aum'h a Achedule of auch other Wternflf xbuu•arg the anrnu(Jur cart rind t4•date onnl mini)Ihu amnnnt a erlhd)
•
Base Contract 11 Z-g,00
Payments received for Consulting Services
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4.3 Unir prices. if any, are as follows:
AIA DOCUMENT A101 t,...,ERCONTRACTOR AGREEMENT , -WFl.FTII EDITION ^ a IA• • '`)1987
t'I IC.+.It EN I(:Sti INSTITIrE OE±.KC0 UTEC:A:735 NEW YORK AVENUE.:1.W,%VASEHNCTON,I)C.::a%) 44\101-1987 .%
WARNING:theorems*photocopying violates U.S.copyngnt Iaws ana Is sub{scr to legal prosswacn.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications Mr Payment suhmitted uI Ile Architect by the Contractor and Cenilialtes Mr Payment issued by the
At clucet, the Owner shall make progress payments on account of the Contract Sum to the Contr.:ctot:s provided below and
elsewhere in the Ci attrtct Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending on the l:lit day of the month,or as
ft llows,
Progress billings shall be submitted to the owner not later
than the 20`11 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 be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule.
unless objected to by the Architect. shall be used as a basis for reviewing the 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 Work 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 73.7 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
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( %);
5.6.3 Subtract the agegate 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 Pan-
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:
in it n/mended.pnnr ru Suhstnntinl Comp/etto'r of the entire W't,rk, to reduce or limit the retainage resulting from the percentages inserted in Jnhpum-
„rnpn. 5 0.1 tuN 5.0.2 chore. and this is no!explained elsewhere in the Contract Documents. insert here/irbruums for su.b reduction(Jr limtlnnmr./
Retainage shall be reduced to 5% overall when the project billing
reaches 50% of total adjusted contract amount.
ALA DOCUMENT A101 • )WNF.R{pNTRACTOR AGREEMENT • TWELFTH EDITION • ALA^ • 01987
I lf:AMERICAN INSTITUTE Cl A RCIIITEc.5, 1 735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2[2006 A101-1987• 4
WARNING:Unlicensed photocopying violates U.S.copyright laws 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 O"-ner 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 be made by
the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment. or as follows:
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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 8
TERMINATION OR SUSPENSION
8.1 'the Contract may be terminated by the Owner or the Contractor as provided in Article I4 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•• • I9N7
TI Iii AMERICAN INSTITUTE 1W Am:in-ErrT.S. ;735 NEW YORK AVENUE.NW,WAS}IINGTON,D.r:.20O06 Al 01-1967 5
WARNING:Unlicensed photocopying violates U.S.copyright laws and is suotect 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 A101, 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Constmction,ALA Document A_'tl I, 1987 Edition.
9.1.3 The Supplementary and ocher Conditions of die Contract are those contained in doe Project Manual dated
, and are as follows:
Document - Tide Pages
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9.1.4 The Specifications are those contained in the Project Manual dared as in Subparagraph 9.1.3.and are as follows:
(Either list the Specifications here or refer to an esbtbit attached to ibis Agreement.)
Section Title Page
s
AIA COMMENT A101 • OWNRR.coNTRA TOR ACaCEMENT • TWltla-Tll EDITION • AlAt • ei19x7 Ai�i•196! 6
Till:AMERICAN INSTITUTE GI'A RCIIITECTS,1735 NEW YORK AVENUE.N.W.,WASIIINGTON,D.C.:IXXia
WARNING:Unlicensed photocopying violates U.S.copyright lawn end Is subject to legal prosecution.
9.1.5 The Drawings are :is follows, and are fined unless a duTerent dale is shown he•Ir nc:
(Illher Iry the Orrururn•hm•fir nict.in au rrb,Urt wl.n hj,br thu AWII'M nu
Number Title Date
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9.1.6 The addenda. if any.are as follows:
Number Date Pages
/C7AC
Irr rruuns of addenda relating to bidding requirements are not part of the Contract Documents unle$s the bidding requirements are
.[ ,o enumerated in this Article 9.
AIA DOLSJMEHT A101 • OWNER{CONTRACTOR AGREEMENT • TWEIk711 EDITION • AIA• • (J17rr7
TI I I:AMERICAN INSTITt1TF.OF ARC111TECTS,1735 NEW YORK AVENUE..N W.,WASI I INCTON.I).C.2IX)b A101.1987 l
WARNING:UnllaroW platocopylnq Violates U.B.copyright last and Is sUblect to Intl preweulion.
9.1.7 Other \t. ct'met ts. if atty. Commit; rut .n the Commit Document,. .In .' lotion>
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.u.r.(r.'r'«Y'rrn'r/L'run'r:.r:hn:.r ly.l lu•rnul nrn:.. ca Is. 'ira..nnt dr:.l:Lri4n:b'.I.L.r .la.L.:•.' :.; .i l.•l:1. ' r..r.;.:.\•:••.�^. .. .. ••• .
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This Agreement is entered into as of the thy and year first written above and is executed in at east three rtginai c:cies'.1 which
one is to be delivered to the Contractor.one to the Architect for use in the administration of the Contract.and the rernatnder to the
Owner.
OWNER CONTRACTOR•
l :.•nu«lrel r 1 rgrtuutro/
William H. Jerke, Chair ,p
Weld County Board of Commissioners 7- / �c
r/4uucd twine and ntle) FEB 0 2 2005 /l'rrnlr'd6�name and line)
77-7
r1i,� i•tg CAUTION: You should sign an original AIA document which has this caution printed in red.
?_.. "'.j An original assures that chances will not be obscured as may occur when documents are reproduced.
AIA GGG'JMEUT A101 • OWNER•AUNTIIACTOR AGREEMENT • TWEIk711 i.U1T1UN • AIA` • "417,47
1111.AMERICAN INsTI'rI:TE O1'A RCN ITECTS, 1735 NEW YORK AVENUE.,N W.WAS11INOTO.N.U C..fyyyr Al01-128! 8
WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution.
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