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Home My WebLink About20040328.tiff RESOLUTION RE: APPROVE STANDARD FORM OF AGREEMENT FOR NORTH JAIL CONTROL SYSTEM 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 the North Jail Control System 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 Control System 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 26th day of January, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: gte, �� iO3t 11 itC\c) Robert D. Masden, Chair Weld County Clerk t. � ti% �� / �r' ! William H. Jero-Tem BY: ' A. • �•n:Oar• . ��_, �� , , Deputy Clerk to the B� j� 7 M. Geile A2 917D AS • C( ,Q David E Long ounty Attorney Glenn Vaa Date of signature: �/9 2004-0328 PR0025 C@ till SIc oa4s/oq THE AMERICAN INSTITUTE OF ARCHITECTS AIA 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 AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document try 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 20th day of January in the year of Nineteen Hundred and 2004 BETWEEN the Owner: (Name and address) Weld County Government 910 10th Avenue Greeley, CO 80631 and the Contractor: Sierra Steel Company (Name and address) 15820 West 6th Avenue Golden, Colorado 80401 The Project is: Weld County North Jail Control System (Name and location) 2110 "0" Street Greeley, CO 80631 The Architect is: (Name and address) The Owner and Contractor agree as set forth below. Copyright 1915. 1918. 1925, 193'. 1951, 1958. 1961, 1963, 1967. 1974. 1977, ©1987 by The American Institute of Archi- tects. 1735 Ncw York Avenue. N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the ALA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • 0WNE&C0NTRACTOR AGREEMENT • TWELFTH EDITION 0 AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A101-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • t n 4-o3a ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings. Specifications. addenda issued prior to execution of this Agreement, other documents listed in this Agreement and NIodilic:it ions issued after execution of this Agreement;these firm the Contract,and are as fully a part of the Contract to if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements.either written or oral.An enumeration of the Contract Documents, other than 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: I ea new reverse engraved graphic control panel with AML switches. I ea new 16GA steel turret to which the new graphic panel will be mounted This panel will control 8 doors in the basement and 16 intercoms in the basement,and shall be installed in the new control station at the basement level of the downtown jail. I ea new 16GA steel control cabinet with all relays,PLC equipment,intercom amplifiers,interface cards, powers supplies,etc,as required to control the above referenced 8 doors and 16 intercoms. I lot new conduit from each field device to new equipment cabinet and control panel I ea new 32 input x 8 output matrix switch 22 ea new color cameras 22 ea new security grade housings for the above cameras 3 ea new 14"color CCTV monitors I ea new matrix switch keyboard controller I lot labor to install all equipment listed above I lot engineering to design all equipment as listed above I lot programming to program all PLC and CCTV equipment to the end users functional requirements 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 fused in a notice to proceed issued by the Owner. (Insert the date of commencement. if it differs from the date of this Agreement or, if applicable,state that the date oil!be fixed in a notice to proceed.) • Date will 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. 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 common cement.Also insert ape requirements for earlier Substatal cinnpletion of cer tavw portions of the Work. if not slated Met:here in the Contract Documents.) 252 Calendar days after a Notice to Proceed is received by Sierra Steel Company , subject to adjustments of this Contract Time as provided in the Contract Documents. (huert pnmisum,, if any.for liqu ulated damages relating to failure to annplrle un tine) AM DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA• • 6)19147 71111 AMERICAN INSTITUTE OF ARCHITECTS, 171S NEW YORK AVENUE.N.W.,WASIIINGTON,D C.2000G A101-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is sub$ect to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for theContractor's performance of the Contract the Contract Sum of Ninety nine ousan six nun area seventy seven Dollars (S S99,677.00 ), subject to additions and deductions as 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 dacismns on Other alternates are to be made he the(hrrwr subs:quest m the execution Of this Agreement. attach a sd,ranle of such other atternates shout ng the asnutnt/or each and the date until n hsch(hat,minutia is redid.) 4.3 Unit prices, if any, are as follows: MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • MA.) • (91987 Ti E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,KW.,WASHINGTON,D.C.20006 A101-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws end Is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 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 25th of each month any work is performed and shall be paid by the owner not later than the 15th 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 Contractor's 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 ofcost 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 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 ( 10 'Xi); 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( %)of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; ands 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional am lints payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall he as follows: // a n :mended.prior to 5abahrnhal t:urnplelmn,r/the ante n• Rork. to redau•or limn for re4sinngv resulnrrg/runs the pernmluges zeened nr luhpurm graph, 5 a /and 5 r,2 plain.. and ibis is nil explained,-lrerrber,'ur Ihr Contrail Doi nrnerr'S, insert beer limns:Pm for reduction or / Retainage shall be reduced to 5% overall when the project billing reaches 50% of total adjusted contract amount. AlA DOCUMENT A101 • I)wNER.CUNTRACD)11 AGIIEIAIF.I'• TWELFTH ED1'rtoN • AIA• • ''J19,O .oil HII.AN IN%I DI-It DU ARtmyl-Ft:Ts, 1-3s NFU'YORK AVENI'F,N W.,WA111INCTUN,U C.bNHM) A101.1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is sunset 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(I) the Contract has been fully perforated 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:my, 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 rare 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 lams 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 wntten disclosures or waivers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may he 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 • MA* • 17M7 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE.N.W.,WASHINGTON,D.C.21NNXi A101-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Nlodiflcations 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 A It)I, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction.AIA Document A?01, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract arc those contained in the Project Manual dated , and are as follows: Document Tide Pages Not applicable. 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 Not applicable. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • Al/0 • r©19N7 • TIlE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 NEW YORK AVENUE,NV.,WASHINGTON,DC.2000% A101-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 9.1.5 The Drawings are as Iilllno•s, ;ioU are dated unless a different date is shown below: (Ptlhrr tin the Oruunuu4c Lore.t rte.mnnr,cmnn.ulna heelnk this.I.Cresmr'nt Number Title Date Not applicable. 9.1.6 The addenda. if any, are as follows: Number Date Pages Not applicable. Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA°p • 4)1987 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NW.,WASHINGTON,D.C.2(1006 A101•1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (/Ist hire any addiliuna((1tx ranems uirt 6 are intended to form part of the Cont race Doe Mucus. The General Cann/itt nS provide their bidding royuir'ernerrea.Stith au cl ret-risc'mi'11r ear inl'tlalrun a)tilt instructions to Bidders.sample Janus and the Contractor's bed are not part of the(iritrae IAN nments unless enumerated in Chas Agreement. Tlrel'should be listed here only of intended to be part of the Contract Documents.) • 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. O NER CONTRACTOR (Signature) 'nature) Robert D. Masden, Chair Weld County Board of Commissioners Zach Greene Vice President r Primal name and title) (01/26/2004) (Printed name and title) a CAUTION: 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• • ©I9N7 I IIIi AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASIIINGTON,D.C.NKRIG A101.1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and le ambient to legal proucutlon, cvv-Q3�g Hello