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Home My WebLink About20042739.tiff • 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 15th day of September, A.D., 2004. ��`` BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO y , M-141,7 EXCUSED `861td? 1 Robert D. Masden, Chair a',,o •ty Clerk to the Board ® � �\ � William H. rke, Pro-Tem BY:///AO its>A"� Deputy Clerk to the Board M. ile R ED AS Long oun orney ��u•N Glenn Vaad c Date of signature: _7 2004-2739 PR0025 M: At 1 ALA Document 441O1 • • 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 AM 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 etdatsed by The Associated General Contractors of America. AGREEMENT • made as of the 13th day of September in the year of • 2004 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 LS: (Name and location) Weld County Jail Additions 2110 "0" Street Greeley, CO 80631 The Architect is: (,Name and address) Bley And Associates 202Q Clubhouse Road Greeley, CO 80634 The Owner and Contractor agree as set forth below. Capyrtght 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, .1987 by The American Institute of Arch'. tcets, 1735 New York Avenue.N W.,Washington. D.C.20006.Reproduction of the material herein or substantial quotation of its provisions without written permusiun of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT A101 • owwER-CONTRACTOR AGREEMENT • TWELITII EDITION • AIA • ©1917 ,t:.AMLRICAN INSTITUTE OP ARCHITECTS.1735 NEW YORK AVENUE,N.W..WASIIINGTON,D.C.2Ut$l6 A101.1987 1 WARNING:Unlicensed pf ot000wing violates U.S.copyright In end I.subteet to Wqd prosecution. ARTICLE 1 • THE CONTRACT DOCUMENTS The(-Awn met DoitII1ltMlts consist of this Agreement.COMMhuts of the Contract(General,Supplelleltt)"and tuber Contlititnnl. Drawings,Sperilications,addenda issued prior to exenition of this Agreement.other dtxwnents lined in this Agreement and Mi ions issued alter execution of this Agn'elnett,these form the Contract,.pod an:as full)'a parr of the Contra:is il'.ttta:heel to this Agreement or re;toed henul.The Contract represents the entire and integrated agreettent between the parties hereto :Old supersedes prior negotiation,.nqn:enenions or agn\mets.either wnilero or twit.An ennmerautm of the Conirtet thiannentn. 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: • • • ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contact Time of ParacS 3.2 is measure_azd shall be the dace of this Agreement,as first written above,unless a different date is stated below or provision is made for the '(mace:o be fixed in a notice to proceed issued by the Owner. (euer(the date of commencement, rf it differs from for date of Ibis Agreement or.if applicable.state that the daze will be fiat at a maac 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. • 3.2 The Contractor shall achieve 5ubcantul Completion of the entire Work not later than February 16, 2005 /Insert the calendar date or number of calend ar dam after Mediae o/commencement.Abu inert any reyanemene/n tureen 5ubfmnual Companam scar mm pardon of the Wore,if not stated rise beer in the Contra Documents.) • Liquidated Damages N/A ,ui)jca to adjustments of this Contract Time as provided in the Contract Documents. !linen pnn,vons if any,for liquidated damages relating to failure to complete on time.) ALA 000UMeiT A101 • OWNERCONTRAL':UR AGREEMENT• TWE.UTII E.UITION• MA* • CII9Mr IIL'AMERICAN INSTITUTE OE ARg11TEC S.1730 NEW YORK AVENUE„Y.W.,WASHINGTON.U.G.20000 Al01-1987 2 WARNING:Unlicensed pMtscopflnpviolates U.B.copyright lint and la NOM le legal prosecution. ARTICLE 4 • • CONTRACT SUM • 4.1 The Owner shall pay the Contractor in current_fiends for the Contractor's performance of the Contract the Contnct Sum of Three hundred ninety eight thousand six hundred fifty y tl}rlee . Dollars subject to adjustment as bids arc received A SUOjcit to AaW b OW u o du ate t s as pn)vm led in the Con- tract Documents. 4.2 The Contract Sum is based upon the following altemates, if any, which arc&scribed in the Contract Documents and are hereby accepted by the Owner: (Slate the numbers or other idennficac nt1 of ao opted alternates.If derision,another,dhn ak's JM lO I\•,MLA•In*the Owner MIISINI801(to the eAYlnnul•f this Agreement. attain a sebeduli it suds other alternates showing We amount far each and she date until uhu'b that amount is rand • Base Contract $ 398,653.00 Payments received.for Consulting Services • • • 4.3 Unit prices. if any, are as follows: • AIA DOCUMENT A101 • OwNERCONTRACTOR AGREEMENT • TWELFTH EDITION• ALA• • °)17n7 A101.198% 3 hi II:AMERICA Y INSTITUTE.UP AKGIITEC.5,:735 NEW YORK AVENUE.NV.,WASHINGTON.I)C.;0004 WARNING:Unitarian photocopying violates U.&copydgm Lbw.and Is steeled to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Rased Itlk)n Applications for Payment stil)nhittei.l to the Architect by the Contractor and Certificates for Payment Issued by the Architect, the Owner shall make progress payments on account of the Contract Sulu o the Contractor as provided below and elsewhere in the Contract Documents. 5.2 lite 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 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 tort 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 maybe 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 size for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the she at a location agreed upon in writing),less retainage of percent( %); 5.6.3 Subtract the agte of previous payments made by the Owner;and 5.6.4 Subtract amounts,if any, for which the Architect has withheld or nullified a Cenificate 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: it is n asac•Ilded.i rtor to,SIIMtostriui Completion of the t n(In•stork.lo reduce or limn she retainage snutnng from the/en entagn inserter/to Subpar* pit oplo 5 n.I said 5.4.1 abore,and slits is not explained ciwuterr,in the Contract Documents.ipaserT here pnnnarms for rutb reduction or limltuliln.) Retainage shall be reduced to 5%overall when the project billing reaches 50%of total adjusted contract amount. AM DOCUMENT A101 • owNEK[:ONTRACTOK AGREEMENT• TWt':LJlll EDITION•AIA• • 01910 lilt AMERICAN INs'lllt it OP ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.PWW A101-1987. 4 WARNING:Unlicensed photocopying violates U.B.cophlgtt Ives and Issue**lo 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 Contactor 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: • • • • • 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 lairs and requirements under the Federal Trutb in Lending Acct similar state and local consumer cred t laws and other regulations at the Owner's and Contractor's principal places of business,the location of the Project and elmbere 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 meteors.) 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 14 of the General Conditions. 8.2 The Work may he suspended by the Owner as provided in Article 14 of the General Conditions. AlA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT •TWELFTH EDITION• AIA' • ©1987 'FIIE AMERICAN INsTtnITE UE ARCI11117CTS.1735 NEW YORK AVENUE.N.W.,WASHINGTON,D.t:.201X% A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright hers and Is subjoin to legal prosecution. ARTICLE 9 • . ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents,except for Modifications Issued after execution of this Ai;rcenicnt,are enumerated as (ollows: 9.1.1 The Agreement Ls this executed Standard Four of Agreement Between Owner and Contractor.ALA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction.ALA Document A'O1, 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 Tine Pages Specifications provided by Architect. AIA DOCUMENT A101 • OWNERCONTRACTOR AGREEMENT•TWELFTH EDITION• AM* • C1987 'lilt.AMERICAN INSTITUTE OFARCIIITECTS,1735 NEW YORK AMIDE,N.W.,WASIIINOTON,D.C.2000% A101.1987 6 WARNING:Unlicensed photocopying vla U.S.copyright laws end Is added to legal prowwYOn. . ••9.1.5 the l)r wigt[s are;is ktlloars, and art•tilted 11nICSS a altilt:W u date i\shown Ixit'w: • Wither WI Ilk•I Leuvrnx INT•nr refer In WI eallIlnl.tlf.ldNvl In flii dl'ra\'rNrnf f Number Title Date As Supplied by Architect. • • • 9.1.6 The addenda. if any are as follows: Number Date Pages As Supplied by Architect. irtions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are alNo enumerated in this Article 9. • AIA DOCUMENT A101 • OWNERCONTRACTON AGREEMENT • TWELFTH EDITION• Ale • t 1I9147 Ti I AMItRICAN INSTITIHE OF AROIITECTS,1735 NEW YORK AVENUE,N W.,WAN IINGTON,D.C.NIKA A101.1987 7 WARNING:Ustewwd plwmeoppnp WWatu*US.copyright laws end Is subpart to Intl prosecution. 9.1.7 Other\locumrnts• it .Inc. forming p.m ‘+t•1hr Conti:hi Documents ents arc.L i,•lit'\\ •• here a rrl'.41.htutn,Il.l.\renew.n hr.h.rhve:L'ILA'J:.I•.nn1;.n:ay(114 orlon(I\\:anent, Ihed.•:r,.:..l.n.h::.^:. '.l::.ur•\.•:p s.I. .e,.e.h-erir.rnerp..r nernate..n A•Md. Ina,n.to ua:r li,./J.'n wnnl•i. i.`MIN an.!:I\••4W:r\4:.n .I'M .bv...:.\\.. .• .., ....... ...nt r.ur.1 .:a•r,.ti:,. e•af Ibei',i\.0 lot l\•hnfnl here.•mr:l whn.lnf n,he Mr(''I:he i'..nfr.,.::\ m. • • • • • • This Agreement is entered into as of the day and year first written above and is executed in at least:Mr_;rginal c•;ties cf which one is to be delivered to the Contractor.one to the Architect for use in the administration of the Contract real the remamcer to the Owner. OWNER Q t:ONTRACTOR. rk ,SN( Y:L!Ifnllfrel f'sNIltllltrtl % �- PM e Prusteci name aufd MO (Printed name and lltlrl -d ;, CAUTION: You should sign an original AIA document which has this caution printed in red. Lt. An original assures that changes will not be obscured as may occur when documents are reproduced. MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EUITJON • AIA• • '41987 AIU�'1997 S i 11I.AMERICAN IsVnTCTE OF ANCIIITECTS, I75S NEW YORK AVENUE.Y W.,WASIW'I iTOY,I)C.20004 WARNING:Unlicensed Ohotocoprin0 violates U.S.coprrIOM lees and Is.uolect to legal pfoseeulion. Hello