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Home My WebLink About20030193.tiff RESOLUTION RE: APPROVE STANDARD FORM OF AGREEMENT FOR GREELEY SAND STORAGE BUILDING AND AUTHORIZE CHAIR TO SIGN - LANDMARK BUILDERS OF GREELEY, INC. 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 Greeley Sand Storage Building between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Landmark Builders of Greeley, Inc., commencing January 15, 2003, and ending 120 calendar days from date of commencement, with further 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 Greeley Sand Storage Building between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Landmark Builders of Greeley, Inc., 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 January, A.D., 2003. BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO ATTEST: £igi � IA ',a s �^ , ' vii E. Long, hair Weld County Clerk t. a i^�:r�" c� 4,� Robert D Masden, Pro-Tem BY: ✓. ./i • Deputy Clerk to the Boo M. J. Geile APPRO_ D AS OR . EXCUSED DATE OF SIGNING (AYE) William H. Jerk unty Attorne /Z-2-7Glenn Vaa Date of signature: 2003-0193 PR0024 CO : ock, • AIA Document A191 Standard Form of Agreement Between Owner and Design/Builder THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY'S ENCOURAGED WITH RESPECT TO ITS USE, COMPLETION OR MODIFICATION. This document comprises two separate Agreements:Part 1 Agreement and Part 2 Agreement To the extent referenced in these Agreements, subordinate parallel agreements to A191 consist of AIA Document A491, Standard Form of Agreements Between Design/Builder and Contractor, and AIA Document B901, Standard Form of Agreements Between Design/Builder and Architect PART 2 AGREEMENT 1996 EDITION AGREEMENT made as of the 9th day of January in the year of 2003 (ha words,indicate dor,month and year) BETWEEN the Owner: (Name and address) Weld County Government P.O. Box 758 Greeley, CO 80632 and the Design/Builder: (Name and address) Landmark Builders of Greeley, Inc. 3812 Carson Ave. Evans, CO 80620 Copyright 1985,©1996 The American Institote of Architects, 1735 New York Avenue,NW,Washingon,D.C.200065292_Reproduction(if the mater's I herein or suhstantial quotation of its provisions without the written permission of the AN violates the copyright laws of the United States and will subject the violator to legal prose(utioa tau AIA DOCUMENT A191, Part 2 • OWNER-DESIGN BUILDER AGREEMENT• 1996 EDITION•AAA®•01996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW A191-1996 i .Z YORK AVENUE, N.W WASHINGTON D.C. 20006-5292 • WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2003-0 93 Part 2—Page 1 For the following Project: (Include Project name.location and a summary description.) Weld County Government Extension to the Greeley Sand Building Weld County Public Works Service Center 40' x 100 ' x 24 ' Length Addition per proposal dated October 16, 2002 The architectural services described in Article 3 will be provided by the following person or entity who is lawfully licensed to practice architecture: (Name and address) (Registration Number) (Relationship to Design/Builder) N/A Normal structural, mechanical and electrical engineering services will be provided contractually through the Architect except as indicated below: (Name address and discipline) (Registration Number) (Relationship to Design/Builder) Electrical-Industrial Electric-Design Build Subcontractor Mechanical - None Structural - Eric Wernsman - Colorado Professional Engineer Employee The Owner and the Design/Builder agree as set forth below. AIA DOCUMENT A191,Part 2•OWNER.DESIGNBUILDER AGREEMENT•1996 EDITION•AIA©•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, I)C. 20006-5292 • A191-1996 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. Part 2—Page 2 TERMS AND CONDITIONS—PART 2 AGREEMENT ARTICLE 1 Design/Builder for information and reference in connec- tion GENERAL PROVISIONS with the Project except as provided in Subpara- graphs 1.3.2 and 1.3.3. 1.1 BASIC DEFINITIONS 1.3.2 Drawings,specifications,and other documents and electronic data furnished by the Design/Builder shall not 1.1.1 The Contract Documents consist of the Part I he used by the Owner or others on other projects, for Agreement to the extent not modified by this Part 2 additions to this Project or for completion of this Project Agreement, this Part 2 Agreement, the Design/Builder's by others, except by agreement in writing and with Proposal and written addenda to the Proposal identified appropriate compensation to the Design/Builder, unless in Article 14, the Construction Documents approved by the Design/Builder is adjudged to be in default under the Owner in accordance with Subparagraph 3.2.3 and this Part 2 Agreement or under any other subsequently Modifications issued after execution of this Part 2 executed agreement. Agreement. A Modification is a Change Order or a writ- ten amendment to this Part 2 Agreement signed by both 1.3.3 If the Design/Builder defaults in the Design/ parties,or a Construction Change Directive issued by the Builder's obligations to the Owner, the Architect shall Owner in accordance with Paragraph 8.3. grant a license to the Owner to use the drawings, specifi- cations, and other documents and electronic data fur- 1.1.2 The term "Work" means the construction and ser- niched by the Architect to the Design/Builder for the vices provided by the Design/Builder to fulfill the completion of the Project,conditioned upon the Owner's Design/Builder's obligations. execution of an agreement to cure the Design/Builder's default in payment to the Architect for services previous- 1.2 EXECUTION, CORRELATION AND INTENT ly performed and to indemnify the Architect with regard 1.2.1 It is the intent of the Owner and the Design/Builder to claims arising from such reuse without the Architect's g professional involvement. that the Contract Documents include all items necessary for proper execution and completion of the Work. The 1.3.4 Submission or distribution of the Design/Builder's Contract Documents are complementary, and what is documents to meet official regulatory requirements or required by one shall be as binding as if required by all; for similar purposes in connection with the Project is not performance by the Design/Builder shall be required to he construed as publication in derogation of the rights only to the extent consistent with and reasonably infer- reserved in Subparagraph 1.3.1. able from the Contract Documents as being necessary to produce the intended results. Words that have well- known technical or construction industry meanings are used in the Contract Documents in accordance with ARTICLE 2 such recognized meanings. OWNER 1.2.2 If the Design/Builder believes or is advised by the Architect or by another design professional retained to 2.1 The Owner shall designate a representative author- provide services on the Project that implementation of ized to act on the Owner's behalf with respect to the any instruction received from the Owner would cause a Project. The Owner or such authorized representative violation of any applicable law, the Design/Builder shall shall examine documents submitted by the Design/ notify the Owner in writing. Neither the Design/Builder Builder and shall render decisions in a timely manner and nor the Architect shall be obligated to perform any act in accordance with the schedule accepted by the Owner. which either believes will violate any applicable law. The Owner may obtain independent review of the 1.2.3 Nothing contained in this Part 2 Agreement shall Contract Documents by a separate architect, engineer, contractor or cost estimator under contract to or create a contractual relationship between the Owner and any person or entity other than the Design/Builder. employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely man- 1.3 OWNERSHIP AND USE OF DOCUMENTS ner and shall not delay the orderly progress of the Work. 1.3.1 Drawings,specifications,and other documents and 2.2 The Owner may appoint an on-site project represen- electronic data furnished by the Design/Builder are tative to observe the Work and to have such other instruments of service. The Design/Builder's Architect responsibilities as the Owner and the Design/Builder and other providers of professional services shall retain agree in writing. all common law, statutory and other reserved rights, including copyright in those instruments of service fur- 2.3 The Owner shall cooperate with the Design/Builder in niched by them. Drawings,specifications,and other doc- securing building and other permits, licenses and inspec- uments and electronic data are furnished for use solely dons. The Owner shall not be required to pay the fees for with respect to this Part 2 Agreement. The Owner shall such permits, licenses and inspections unless the cost of be permitted to retain copies, including reproducible such fees is excluded from the Design/Builder's Proposal. copies, of the drawings, specifications, and other documents and electronic data furnished by the 2.4 The Owner shall furnish services of land surveyors, AIA DOCUMENT A191,Part 2•OWNER-DESIGN:BUILDER AGREEMENT•1996 EDITION•MA®•©1996THE A191-1996 AMERICAN INSTITUTE OF ARCnITRcts. 1'35 NEW YORK AVENI:E, N.W,WASHINGTON. D.C.20006.52922 • WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Part 2—Page 3 geotechnical engineers and other consultants for subsoil, the persons or entities identified in this Part 2 Agreement, air and water conditions, in addition to those provided and any subsequent modifications, shall be in writing. under the Part 1 Agreement, when such services are These agreements, including financial arrangements with deemed necessary by the Design/Builder to properly carry respect to this Project, shall be promptly and fully out the design services required by this Part 2 Agreement. disclosed to the Owner upon request. 2.5 The Owner shall disclose,to the extent known to the 3.1.3 The Design/Builder shall be responsible to the Owner, the results and reports of prior tests, inspections Owner for acts and omissions of the Design/Builder's or investigations conducted for the Project involving: employees, subcontractors and their agents and em- structural or mechanical systems;chemical,air and water ployees, and other persons, including the Architect and pollution; hazardous materials; or other environmental other design professionals, performing any portion of the and subsurface conditions. The Owner shall disclose all Design/Builder's obligations under this Part 2 Agreement. information known to the Owner regarding the presence 3.2 BASIC SERVICES of pollutants at the Project's site. 3.2.1 The Design/Builder's Basic Services are described 2.6 The Owner shall furnish all legal, accounting and below and in Article 14. insurance counseling services as may be necessary at any time for the Project, including such auditing services as 3.2.2 The Design/Builder shall designate a representa- the Owner may require to verify the Design/Builder's tive authorized to act on the Design/Builder's behalf with Applications for Payment. respect to the Project. 2.7 Those services, information, surveys and reports 3.2.3 The Design/Builder shall submit Construction required by Paragraphs 2.4 through 2.6 which are within Documents for review and approval by the Owner. the Owner's control shall be furnished at the Owner's Construction Documents may include drawings, specifi- expense, and the Design/Builder shall be entitled to rely cations,and other documents and electronic data setting upon the accuracy and completeness thereof, except to forth in detail the requirements for construction of the the extent the Owner advises the Design/Builder to the Work, and shall: contrary in writing. .1 be consistent with the intent of the Design/Build- er's Proposal; 2.8 If the Owner requires the Design/Builder to maintain .2 provide information for the use of those in the any special insurance coverage, policy, amendment, orbuilding trades; and rider, the Owner shall pay the additional cost thereof, except as otherwise stipulated in this Part 2 Agreement. .3 include documents customarily required for regulatory agency approvals. 2.9 If the Owner observes or otherwise becomes aware 3.2.4 The Design/Builder, with the assistance of the of a fault or defect in the Work or nonconformity with Owner, shall file documents required to obtain neces- the Design/Builder's Proposal or the Construction Documents, the Owner shall give prompt written notice sary approvals of governmental authorities having thereof to the Design/Builder. jurisdiction over the Project. 3.2.5 Unless otherwise provided in the Contract 2.10 The Owner shall, at the request of the Design/ Documents, the Design/Builder shall provide or cause to Builder, prior to execution of this Part 2 Agreement and be provided and shall pay for design services, labor, promptly upon request thereafter, furnish to the materials, equipment, tools, construction equipment Design/Builder reasonable evidence that financial and machinery, water, heat, utilities, transportation and arrangements have been made to fulfill the Owner's other facilities and services necessary for proper execu- obligations under the Contract. tion and completion of the Work,whether temporary or permanent and whether or not incorporated or to be 2.11 The Owner shall communicate with persons or incorporated in the Work. entities employed or retained by the Design/Builder through the Design/I3uilcler, unless otherwise directed 3.2.6 The Design/Builder shall be responsible for all by the Design/Builder. construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under this Part 2 Agreement. ARTICLE 3 3.2.7 The DesignBuilder shall keep the Owner infor- DESIGN/BUILDER med of the progress and quality of the Work. 3.2.8 The Design/Builder shall be responsible for 3.1 SERVICES AND RESPONSIBILITIES correcting Work which does not conform to the Contract Documents. 3.1.1 Design services required by this Part 2 Agreement shall be performed by qualified architects and other 3.2.9 The Design/Builder warrants to the Owner that design professionals. The contractual obligations of such materials and equipment furnished under the Contract professional persons or entities are undertaken and per- will be of good quality and new unless otherwise required formed in the interest of the Design/Builder. or permitted by the Contract Documents, that the con- struction will be free from faults and defects, and that the 3.1.2 The agreements between the Design/Builder and construction will conform with the requirements of the A191-1996 AIA DOCUMENT A191,Part 2.OWNER-DESIGN/BIIILDER AGREEMENT•1996 EDITION•AIAO•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W, WASnINGI'ON, D.C. 20006-5292 • Part 2—Page 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Contract Documents. Construction not conforming to not included in Basic Services unless so identified in these requirements, including substitutions not properly Article 14,and they shall be paid for by the Owner as pro- approved by the Owner, shall be corrected in accordance vided in this Part 2 Agreement, in addition to the corn- with Article 9. pensation for Basic Services. The services described in this Paragraph 3.3 shall be provided only if authorized or 3.2.10 The Design/Builder shall pay all sales, consumer; confirmed in writing by the Owner. use and similar taxes which had been legally enacted at the time the Design/Builder's Proposal was first submitted 3.3.2 Making revisions in drawings, specifications, and to the Owner, and shall secure and pay for building and other documents or electronic data when such revisions other permits and governmental fees,licenses and inspec- are required by the enactment or revision of codes, laws tions necessary for the proper execution and completion or regulations subsequent to the preparation of such of the Work which are either customarily secured after documents or electronic data. execution of a contract for construction or are legally required at the time the Design/Builder's Proposal was 3.3.3 Providing consultation concerning replacement of first submitted to the Owner. Work damaged by fire or other cause during construc- tion,and furnishing services required in connection with 3.2.11 The Design/Builder shall comply with and give the replacement of such Work. notices required by laws, ordinances, rules, regulations and lawful orders of public authorities relating to the 3.3.4 Providing services in connection with a public Project. hearing, arbitration proceeding or legal proceeding, except where the Design/Builder is a party thereto. 3.2.12 The DesignBuilder shall pay royalties and license 3.3.5 Providing coordination of construction performed fees for patented designs, processes or products. The Design/Builder shall defend suits or claims for infringe- by the Owner's own forces or separate contractors ment of patent rights and shall hold the Owner harmless employed by the Owner, and coordination of services from loss on account thereof,but shall not be responsible required in connection with construction performed for such defense or loss when a particular design,process and equipment supplied by the Owner. or product of a particular manufacturer is required by the 3.3.6 Preparing a set of reproducible record documents Owner. However, if the DesignBuilder has reason to or electronic data showing significant changes in the believe the use of a required design, process or product Work made during construction. is an infringement of a patent,the Design/Builder shall be responsible for such loss unless such information is 3.3.7 Providing assistance in the utilization of equip- promptly furnished to the Owner. ment or systems such as preparation of operation and maintenance manuals, training personnel for operation 3.2.13 The Design/Builder shall keep the premises and and maintenance, and consultation during operation. surrounding area free from accumulation of waste materials or rubbish caused by operations under this Part 2 Agreement. At the completion of the Work, the ARTICLE 4 DesignBuilder shall remove from the site waste materi- als, rubbish, the Design/Builder's tools, construction TIME equipment, machinery, and surplus materials. 3.2.14 The Design/Builder shall notify the Owner when 4.1 Unless otherwise indicated, the Owner and the the Design/Builder believes that the Work or an agreed Design/Builder shall perform their respective obligations upon portion thereof is substantially completed. If the as expeditiously as is consistent with reasonable skill and Owner concurs, the Design/Builder shall issue a care and the orderly progress of the Project. Certificate of Substantial Completion which shall estab- lish the Date of Substantial Completion, shall state the 4.2 Time limits stated in the Contract Documents are of responsibility of each party for security, maintenance, the essence. The Work to be performed under this Part heat, utilities, damage to the Work and insurance, shall 2 Agreement shall commence upon receipt of a notice to include a list of items to be completed or corrected and proceed unless otherwise agreed and, subject to autho- shall fix the time within which the Design/Builder shall rized Modifications, Substantial Completion shall be achieved on or before the date established in Article 14. complete items listed therein. Disputes between the Owner and Design/Builder regarding the Certificate of Substantial Completion shall be resolved in accordance 4.3 Substantial Completion is the stage in the progress with provisions of Article 10. of the Work when the Work or designated portion there- of is sufficiently complete in accordance with the 3.2.15 The Design/Builder shall maintain at the site for Contract Documents so the Owner can occupy or utilize the Owner one record copy of the drawings, specifica- the Work for its intended use. tions, product data, samples, shop drawings, Change Orders and other modifications, in good order and reg- 4.4 Based on the Design/Builder's Proposal, a construc- tion schedule shall be provided consistent with Para-ularly updated to record the completed construction. These shall be delivered to the Owner upon completion graph 4.2 above. of construction and prior to final payment. 4.5 If the Design/Builder is delayed at any time in the 3.3 ADDITIONAL SERVICES progress of the Work by an act or neglect of the Owner, Owner's employees, or separate contractors employed 3.3.1 The services described in this Paragraph 3.3 are by the Owner, or by changes ordered in the Work, or by AIA DOCUMENT A191,Part 2.OWNER-DESIGN/BUILDER AGREEMENT•1996 EDITION•AIAN•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NOV.,WASHINGTON, D.C. 200065292 • A191-1996 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Part 2—Page 5 labor disputes, fire, unusual delay in deliveries, adverse shall become due until the DesignBuilder submits to the weather conditions not reasonably anticipatable, Owner: (1) an affidavit that payrolls, hills for materials unavoidable casualties or other causes beyond the and equipment, and other indebtedness connected with Design/Builder's control, or by delay authorized by the the Work for which the Owner or Owner's property Owner pending arbitration,or by other causes which the might be responsible or encumbered (less amounts Owner and Design/Builder agree may justify delay, then withheld by the Owner) have been paid or otherwise the Contract Time shall be reasonably extended by satisfied; (2) a certificate evidencing that insurance Change Order. required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner; (3)a written ARTICLE 5 statement that the Design/Builder knows of no substan- tial PAYMENTS reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; and (5) if 5.1 PROGRESS PAYMENTS required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases 5.1.1 The Design/Builder shall deliver to the Owner and waivers of liens, claims, security interests or encum- itemized Applications for Payment in such detail as brances arising out of the Contract, to the extent and in indicated in Article 14. such form as may he designated by the Owner. If a contractor or other person or entity entitled to assert a 5.1.2 Within ten (10) days of the Owner's receipt of a lien against the Owner's property refuses to furnish a properly submitted and correct Application for Payment, release or waiver required by the Owner, the Design/ the Owner shall make payment to the Design/Builder. Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien 5.1.3 The Application for Payment shall constitute a remains unsatisfied after payments are made, the representation by the Design/Builder to the Owner that Design/Builder shall indemnify the Owner for all loss and the design and construction have progressed to the cost, including reasonable attorneys' fees incurred as a point indicated, the quality of the Work covered by the result of such lien. application is in accordance with the Contract Documents, and the Design/Builder is entitled to 5.2.2 When the Work has been completed and the con- payment in the amount requested. tract fully performed, the Design/Builder shall submit a final application for payment to the Owner, who shall 5.1.4 Upon receipt of payment from the Owner, the make final payment within 30 days of receipt. Design/Builder shall promptly pay the Architect, other design professionals and each contractor the amount to 5.2.3 The making of final payment shall constitute a which each is entitled in accordance with the terms of waiver of claims by the Owner except those arising from: their respective contracts. .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; 5.1.5 The Owner shall have no obligation under this Part 2 Agreement to pay or to he responsible in any way for .2 failure of the Work to comply with the require- payment to the Architect, another design professional or ments of the Contract Documents; or a contractor performing portions of the Work. .3 terms of special warranties required by the Con- tract Documents. 5.1.6 Neither progress payment nor partial or entire use or occupancy of the Project by the Owner shall consti- 5.2.4 Acceptance of final payment shall constitute a tute an acceptance of Work not in accordance with the waiver of all claims by the Design/Builder except those Contract Documents. previously made in writing and identified by the Design/Builder as unsettled at the time of final 5.1.7 The Design/Builder warrants that title to all con- Application for Payment. snuction covered by an Application for Payment will pass to the Owner no later than the time of payment. The 5.3 INTEREST PAYMENTS Design/Builder further warrants that upon submittal of an Application for Payment all construction for which pay- 5.3.1 Payments due the Design/Builder under this Part 2 ments have been received from the Owner shall be free Agreement which are not paid when due shall hear inter- and clear of liens, claims, security interests or encum- est from the date due at the rate specified in Article 13, brances in favor of the DesignBuilder or any other person or in the absence of a specified rate, at the legal rate or entity performing construction at the site or furnishing prevailing where the Project is located. materials or equipment relating to the construction, 5.1.8 At the time of Substantial Completion, the Owner ARTICLE 6 shall pay the Design/Builder the retainage, if any, less the reasonable cost to correct or complete incorrect or incom- . PROTECTION OF PERSONS AND PROPERTY plete Work. Final payment of such withheld sum shall be made upon correction or completion of such Work. 6.1 The Design/Builder shall be responsible for initiat- 5.2 FINAL PAYMENT ing, maintaining and providing supervision of all safety precautions and programs in connection with the 5.2.1 Neither final payment nor amounts retained, if any, performance of this Part 2 Agreement. AM DOCUMENT A191,Part 2•OWN ER-DESIGN/BUILDER AGREEMENT•1996 EDrtiON•AR®•©1996 THE A191-1996 AMERICAN INSTrn/'rr OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON. D.C. 20006-5292 • Part 2—Page 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 6.2 The Design/Builder shall take reasonable precau- of ownership, maintenance or use of a motor dons for the safety of, and shall provide reasonable vehicle; and protection to prevent damage, injury or loss to: (1) .7 claims involving contractual liability insurance employees on the Work and other persons who may be applicable to the Design/Builder's obligations affected thereby; (2) the Work and materials and equip- under Paragraph 11.5. ment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the 7.1.2 The insurance required by Subparagraph 7.1.1 Design/Builder or the Design/Builder's contractors; and shall be written for not less than limits of liability (3) other property at or adjacent thereto, such as trees, specified in this Part 2 Agreement or required by law shrubs, lawns, walks, pavements, roadways, structures whichever coverage is greater. Coverages, whether and utilities not designated for removal, relocation or written on an occurrence or claims-made basis, shall be replacement in the course of construction. maintained without interruption from date of com- mencement of the Work until date of final payment and 6.3 The Design/Builder shall give notices and comply termination of any coverage required to be maintained with applicable laws, ordinances, rules, regulations and after final payment. lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, 7.1.3 Certificates of insurance acceptable to the Owner injury or loss. shall be delivered to the Owner immediately after execu- tion of this Part 2 Agreement. These certificates and the 6.4 The Design/Builder shall promptly remedy damage insurance policies required by this Paragraph 7.1 shall and loss (other than damage or loss insured under contain a provision that coverages afforded under the property insurance provided or required by the Contract policies will not be canceled or allowed to expire until at Documents) to property at the site caused in whole or least 30 days' prior written notice has been given to the in part by the Design/Builder, a contractor of the Owner. If any of the foregoing insurance coverages are Design/Builder or anyone directly or indirectly employed required co remain in force after final payment, an addi- by any of them, or by anyone for whose acts they may be tional certificate evidencing continuation of such cover- liable. age shall be submitted with the application for final pay- ment. Information concerning reduction of coverage shall be furnished by the Design/Builder with reasonable ARTICLE 7 promptness in accordance with the Design/Builder's information and belief. INSURANCE AND BONDS 7.2 OWNER'S LIABILITY INSURANCE 7.1 DESIGN/BUILDER'S LIABILITY INSURANCE 7.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. 7.1.1 The Design/Builder shall purchase from and Optionally, the Owner may purchase and maintain other maintain, in a company or companies lawfully authorized insurance for self-protection against claims which may to do business in the jurisdiction in which the Project is arise from operations under this Part 2 Agreement The located,such insurance as will protect the Design/Builder Design/Builder shall not be responsible for purchasing from claims set forth below which may arise out of or and maintaining this optional Owner's liability insurance result from operations under this Part 2 Agreement by unless specifically required by the Contract Documents. the Design/Builder or by a contractor of the Design/ Builder, or by anyone directly or indirectly employed by 7.3 PROPERTY INSURANCE any of them, or by anyone for whose acts any of them may be liable: 7.3.1 Unless otherwise provided under this Part 2 Agreement, the Owner shall purchase and maintain, in .1 claims under workers' compensation, disability a company or companies authorized to do business in benefit and other similar employee benefit laws the jurisdiction in which the principa' improvements that are applicable to the Work to be performed; are to be located, property insurance upon the Work to .2 claims for damages because of bodily injury occu- the full insurable value thereof on a replacement cost pational sickness or disease, or death of the basis without optional deductibles. Such property Design/Builder's employees; insurance shall he maintained, unless otherwise provid- .3 claims for damages because of bodily injury, sick- ed in the Contract Documents or otherwise agreed in ness or disease, es death of persons other than writing by all persons and entities who are beneficiaries the Design/Builder's employees; of such insurance, until final payment has been made or until no person or entity other than the Owner has an .4 claims for damages covered by usual personal in- insurable interest in the property required by this jury liability coverage which are sustained (1) by a Paragraph 7.3 to be insured, whichever is earlier. This person as a result of an offense directly or Mill- insurance shall include interests of the Owner, the rectly related to employment of such person by Design/Builder, and their respective contractors and the Design/Builder or (2) by another person; subcontractors in the Work. .5 claims for damages, other than to the Work itself, 7.3.2 Property insurance shall be on an all-risk policy because of injury to or destruction of tangible form and shall insure against the perils of fire and extend- property, including loss of use resulting therefrom; ed coverage and physical loss or damage including, with- .6 claims for damages because of bodily injury, out duplication of coverage, theft, vandalism, malicious death of a person or property damage arising out mischief, collapse, falsework, temporary buildings and AIA DOCUMENT A191,Part 2.OWNER-DESIGN/BUILDER AGREEMENT .1996 EDILON iA®•©19961'116: A791-1996 AMERICAN INSTITUTE OF ARCHITECTS, 1.35 NEW YORK AVENUE,N.W,WASHINGTON. D.C. 20006-5292 • WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Part 2—Page 7 debris removal including demolition occasioned by professionals, contractors, subcontractors, agents and enforcement of any applicable legal requirements, and employees,each of the other,for damages caused by fire shall cover reasonable compensation for the services and or other perils to the extent covered by property insur- expenses of the Design/Builder's Architect and other pro- ance obtained pursuant to this Paragraph 7.3 or other fessionals required as a result of such insured loss. property insurance applicable to the Work, except such Coverage for other perils shall not he required unless oth- rights as they may have to proceeds of such insurance erwise provided in the Contract Documents. held by the Owner as trustee. The Owner or Design/ Builder, as appropriate, shall require from contractors and subcontractors by appropriate agreements, written 7.3.3 If the Owner does not intend to purchase such property insurance required by this Part 2 Agreement and where legally required for validity,similar waivers each in favor of other parties enumerated in this Paragraph 7.3. with all of the coverages in the amount described above, The policies shall provide such waivers of subrogation by the Owner shall so inform the Design/Builder prior to endorsement or otherwise. A waiver of subrogation shall commencement of the construction. The Design/Builder be effective as to a person or entity even though that per- may then effect insurance which will protect the interests son or entity would otherwise have a duty of indemnifi- of the Design/Builder and the Design/Builder's contras- cation, contractual or otherwise, did not pay the insur- appr tors in the construction, and by appropriate Change ance premium directly or indirectly, and whether or not Order the cost thereof shall be charged to the Owner. If the person or entity had an insurable interest in the the Design/Builder is damaged by the failure or neglect of property damaged. the Owner to purchase or maintain insurance as de- scribed above, then the Owner shall bear all reasonable costs properly attributable thereto. 7.3.9 If required in writing by a party in interest, the Owner as trustee shall, upon occurrence of an insured 7.3.4 Unless otherwise provided, the Owner shall pur- loss, give bond for proper performance of the Owner's chase and maintain such boiler and machinery insurance duties. The cost of required bonds shall be charged required by this Part 2 Agreement or by law, which shall against proceeds received as Fiduciary. The Owner shall specifically cover such insured objects during installation deposit in a separate account proceeds so received,which and until final acceptance by the Owner. This insurance the Owner shall distribute in accordance with such agree- shall include interests of the Owner, the Design/Builder, ment as the parties in interest may reach, or in accor- the Design/Builder's contractors and subcontractors in dance with an arbitration award in which case the proce- the Work, and the Design/Builder's Architect and other dure shall be as provided in Article 10. If after such loss design professionals.The Owner and the Design/Builderno other special agreement is made,replacement of dam- shall be named insureds. aged Work shall be covered by appropriate Change Order. 7.3.5 A loss insured under the Owner's property insur- 7.3.10 The Owner as trustee shall have power to adjust ance shall he adjusted by the Owner as fiduciary and made and settle a loss with insurers unless one of the parties in payable to the Owner as fiduciary for the insureds,as their interest shall object in writing, within five (5) days after interests may appear, subject to requirements of any occurrence of loss to the Owner's exercise of this power; applicable mortgagee clause and of Subparagraph 7.3.10. if such objection he made, the parties shall enter into The Design/Builder shall pay contractors their shares of dispute resolution under procedures provided in Article insurance proceeds received by the Design/Builder, and 10. If distribution of insurance proceeds by arbitration is by appropriate agreement, written where legally required required, the arbitrators will direct such distribution. for validity, shall require contractors to make payments to their subcontractors in similar manner. 7.3.11 Partial occupancy or use prior to Substantial Completion shall not commence until the insurance 7.3.6 Before an exposure to loss may occur, the Owner company or companies providing property insurance shall file with the DesignBuilder a copy of each policy have consented to such partial occupancy or use by that includes insurance coverages required by this endorsement or otherwise. The Owner and the Design/ Paragraph 7.3. Each policy shall contain all generally ap- Builder shall take reasonable steps to obtain consent of plicable conditions, definitions, exclusions and endorse- the insurance company or companies and shall not, ments related to this Project. Each policy shall contain a without mutual written consent, take any action with provision that the policy will not be canceled or allowed respect to partial occupancy or use that would cause to expire until at least 30 days' prior written notice has cancellation, lapse or reduction of coverage. been given to the Design/Builder. 7.3.7 If the Design/Builder requests in writing that insur- ance for risks other than those described herein or for 7.4 LOSS OF USE INSURANCE other special hazards be included in the property 7.4.1 The Owner, at the Owner's option, may purchase insurance policy, the Owner shall, if possible,obtain such and maintain such insurance as will insure the Owner insurance, and the cost thereof shall be charged to the against loss of use of the Owner's property due to fire or Design/Builder by appropriate Change Order. other hazards, however caused. The Owner waives all rights of action against the Design/Builder for loss of use 7.3.8 The Owner and the Design/Builder waive all rights of the Owner's property, including consequential losses against each other and the Architect and other design due to fire or other hazards, however caused. A191-1996 AIA DOCUMENT A191,Part 2.OWNER-DESIGN/BUILDER AGREEMENT•1996 EDITION•AIA®•O1996 THE AMERICAN INSTI'T'UTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W,WASHINGTON, D.C.200116-5292 • Part 2—Page 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 8 design services and revisions to the Contract CHANGES IN THE WORK Documents. In case of an increase in the Contract Sum, the cost shall include a reasonable allowance for overhead and profit. In such case, the Design/Builder 8.1 CHANGES shall keep and present an itemized accounting together with appropriate supporting data for inclusion in a 8.1.1 Changes in the Work may be accomplished after Change Order. Unless otherwise provided in the execution of this Part 2 Agreement, without invalidating Contract Documents, costs for these purposes shall be this Part 2 Agreement, by Change Order, Construction limited to the following: Change Directive, or order for a minor change in the Work, subject to the limitations stated in the Contract .1 costs of labor, including social security, old age Documents. and unemployment insurance, fringe benefits required by agreement or custom, and workers' 8.1.2 A Change Order shall be based upon agreement compensation insurance; between the Owner and the Design/Builder; a Construe- .2 costs of materials, supplies and equipment, in- tion Change Directive may be issued by the Owner with- eluding cost of transportation, whether incorpo- out the agreement of the Design/Builder; an order for a rated or consumed; minor change in the Work may be issued by the Design/Builder alone. .3 rental costs of machinery and equipment exclu- sive of hand tools, whether rented from the 8.1.3 Changes in the Work shall be performed under Design/Builder or others; applicable provisions of the Contract Documents, and .4 costs of premiums for all bonds and insurance the Design/Builder shall proceed promptly, unless other- permit fees, and sales, use or similar taxes; wise provided in the Change Order, Construction Change Directive, or order for a minor change in the .5 additional costs of supervision and field office Work. personnel directly attributable to the change; and fees paid to the Architect, engineers and other 8.1.4 If unit prices are stated in the Contract Documents professionals. or subsequently agreed upon, and if quantities originally 8.3.3 Pending final determination of cost to the Owner, contemplated are so changed in a proposed Change Order or Construction Change Directive that application amounts not in dispute may be included in Applications of such unit prices to quantities of Work proposed will for Payment. The amount of credit to be allowed by the cause substantial inequity to the Owner or the Design/ Design/Builder to the Owner for deletion or change Builder, the applicable unit prices shall be equitably which results in a net decrease in the Contract Sum will adjusted. be actual net cost. When both additions and credits cov- ering related Work or substitutions are involved in a 8.2 CHANGE ORDERS change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with 8.2.1 A Change Order is a written instrument prepared respect to that change. by the Design/Builder and signed by the Owner and the Design/Builder, stating their agreement upon all of the 8.3.4 When the Owner and the Design/Builder agree following: upon the adjustments in the Contract Sum and Contract .1 a change in the Work; Time, such agreement shall he effective immediately and shall be recorded by preparation and execution of an .2 the amount of the adjustment, if any, in the Con- appropriate Change Order. tract Sum; and .3 the extent of the adjustment, if any, in the Con- 8.4 MINOR CHANGES IN THE WORK tract Time. 8.4.1 The Design/Builder shall have authority to make 8.2.2 If the Owner requests a proposal for a change in minor changes in the Construction Documents and con- the Work from the Design/Builder and subsequently struction consistent with the intent of the Contract elects not to proceed with the change, a Change Order Documents when such minor changes do not involve shall be issued to reimburse the Design/Builder for any adjustment in the Contract Sum or extension of the costs incurred for estimating services, design services or Contract Time. The Design/Builder shall promptly preparation of proposed revisions to the Contract inform the Owner, in writing, of minor changes in the Documents. Construction Documents and construction. 8.3 CONSTRUCTION CHANGE DIRECTIVES 8.5 CONCEALED CONDITIONS 8.3.1 A Construction Change Directive is a written order 8.5.1 If conditions are encountered at the site which are prepared and signed by the Owner,directing a change in (1) subsurface or otherwise concealed physical condi- the Work prior to agreement on adjustment, if any,in the tions which differ materially from those indicated in the Contract Sum or Contract Time, or both. Contract Documents, or (2) unknown physical condi- tions of an unusual nature which differ materially from 8.3.2 Except as otherwise agreed by the Owner and the those ordinarily found to exist and generally recognized Design/Builder, the adjustment to the Contract Sum as inherent in construction activities of the character shall be determined on the basis of reasonable expendi- provided for in the Contract Documents, then notice by tures and savings of those performing the Work attrihut- the observing party shall be given to the other party able to the change, including the expenditures for promptly before conditions are disturbed and in no AIA DOCUMENT A191,Pad 2.OWNER-DESIGNMUIL DER AGREEMENT•1996 EDITION•MA®•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W,WASHINGTON, D.C. 20006-5292 • A191-1996 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Part 2—Page 9 event later than 21 days after first observance of the out the Work in accordance with the Contract conditions. The Contract Sum shall be equitably adjust- Documents and fails within seven (7) days after receipt ed for such concealed or unknown conditions by of written notice from the Owner to commence and con- Change Order upon claim by either party made within 21 tinue correction of such default or neglect with diligence days after the claimant becomes aware of the conditions. and promptness, the Owner may give a second written notice to the Design/Builder and, seven (7) days follow- 8.6 REGULATORY CHANGES ing receipt by the Design/Builder of that second written 8.6.1 The Design/Builder shall be compensated for notice and without prejudice to other remedies the changes in the construction necessitated by the enact- Owner may have,C correct such r deficiencies.issuedI such tang ment or revision of codes,laws or regulations subsequent anfr appropriatepayments then ene or hr shall thereafter deducting n,' to the submission of the Design/Builder's Proposal. Builder,um f ang such due ci the Design,' the the costs of correcting deficiencies. If the payments then or thereafter due the Design/Builder are not sufficient to cover the amount of the deduction, the ARTICLE 9 Design/Builder shall pay the difference to.the Owner. Such action by the Owner shall be subject to dispute CORRECTION OF WORK resolution procedures as provided in Article 10. 9.1 The Design/Builder shall promptly correct Work rejected by the Owner or known by the Design/Builder to ARTICLE 10 he defective or failing to conform to the requirements of the Contract Documents, whether observed before or DISPUTE RESOLUTION— after Substantial Completion and whether or not fabricat- MEDIATION AND ARBITRATION ed,installed or completed. The Design/Builder shall bear costs of correcting such rejected Work, including 10.1 Claims, disputes or other matters in question additional testing and inspections. between the parties to this Part 2 Agreement arising out of or relating to this Part 2 Agreement or breach thereof 9.2 If, within one (1) year after the date of Substantial shall be subject to and decided by mediation or arbitra- Completion of the Work or,after the date for commence- tion. Such mediation or arbitration shall he conducted in ment of warranties established in a written agreement accordance with the Construction Industry Mediation or between the Owner and the Design/Builder, or by terms Arbitration Rules of the American Arbitration Association of an applicable special warranty required by the currently in effect. Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract 10.2 In addition to and prior to arbitration, the parties Documents, the Design/Builder shall correct it promptly shall endeavor to settle disputes by mediation. Demand after receipt of a written notice from the Owner to do so for mediation shall be filed in writing with the other unless the Owner has previously given the Design/ party to this Part 2 Agreement and with the American Builder a written acceptance of such condition. Arbitration Association. A demand for mediation shall be made within a reasonable time after the claim,dispute or 9.3 Nothing contained in this Article 9 shall be con- other matter in question has arisen. In no event shall the strued to establish a period of limitation with respect to demand for mediation be made after the date when insti- other obligations which the Design/Builder might have tution of legal or equitable proceedings based on such under the Contract Documents. Establishment of the claim, dispute or other matter in question would be time period of one (1)year as described in Subparagraph barred by the applicable statutes of repose or limitations. 9.2 relates only to the specific obligation of the Design/Builder to correct the Work, and has no relation- 10.3 Demand for arbitration shall be filed in writing with ship to the time within which the obligation to comply the other party to this Part 2 Agreement and with the with the Contract Documents may be sought to be American Arbitration Association. A demand for arbitra- enforced, nor to the time within which proceedings may don shall he made within a reasonable time after the be commenced to establish the Design/Builder's liability claim, dispute or other matter in question has arisen. In with respect to the Design/Builder's obligations other no event shall the demand for arbitration be made after than specifically to correct the Work. the date when institution of legal or equitable proceed- ings based on such claim, dispute or other matter in 9.4 If the Design/Builder fails to correct nonconforming question would be barred by the applicable statutes of Work as required or fails to carry out Work in accordance repose or limitations. with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so 10.4 An arbitration pursuant to this Article may be empowered by the Owner in writing, may order the joined with an arbitration involving common issues of Design/Builder to stop the Work, or any portion thereof, law or fact between the DesignBuilder and any person until the cause for such order has been eliminated; how- or entity with whom the Design/Builder has a contractu- ever, the Owner's right to stop the Work shall not give al obligation to arbitrate disputes. No other arbitration rise to a duty on the part of the Owner to exercise the arising out of or relating to this Part 2 Agreement shall right for benefit of the Design/Builder or other persons include, by consolidation, joinder or in any other man- or entities. ner,an additional person or entity not a party to this Part 2 Agreement or not a party to an agreement with the 9.5 If the Design/Builder defaults or neglects to carry Design/Builder, except by written consent containing a A191-1996 AIA DOCUMENT A191,Part 2.OWNER-DESIGN/BUILDER AGREEMENT•1996 EDITION•AIAx•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, RC. 20006.5292 • Part 2—Page 10 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. specific reference to this Part 2 Agreement signed by the other parry within a reasonable time not exceeding 21 Owner, the Design/Builder and any other person or enti- days after first observance. The notice shall provide ties sought to be joined. Consent to arbitration involving sufficient detail to enable the other party to investigate an additional person or entity shall not constitute con- the matter. If a claim of additional cost or time related to sent to arbitration of any claim, dispute or other matter this claim is to be asserted, it shall be filed in writing. in question not described in the written consent or with a person or entity not named or described therein. The 11.5 INDEMNIFICATION foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly con- 11.5.1 To the fullest extent permitted by law, the rented to by the parties to this Part 2 Agreement shall be DesignBuilder shall indemnify and hold harmless the specifically enforceable in accordance with applicable Owner, Owner's consultants, and agents and employees law in any court having jurisdiction thereof of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' 10.5 The award rendered by the arbitrator or arbitrators fees, arising out of or resulting from performance of the shall be final, and judgment may be entered upon it in Work, provided that such claim, damage, loss or accordance with applicable law in any court having expense is attributable to bodily injury, sickness, disease jurisdiction thereof or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the ARTICLE 11 Design/Builder, anyone directly or indirectly employed MISCELLANEOUS PROVISIONS by the Design/Builder or anyone for whose acts the Design/Builder may he liable, regardless of whether or not such claim, damage, loss or expense is caused in 11.1 Unless otherwise provided, this Part 2 Agreement part by a party indemnified hereunder. Such obligation shall be governed by the law of the place where the shall not be construed to negate, abridge, or reduce Project is located. other rights or obligations of indemnity which would otherwise exist as to a party or person described in this 11.2 SUBCONTRACTS Paragraph 11.5. 11.2.1 The Design/Builder, as soon as practicable after 11.5.2 In claims against any person or entity indemnified execution of this Part 2 Agreement, shall furnish to the under this Paragraph 11.5 by an employee of the Owner in writing the names of the persons or entities Design/Builder, anyone directly or indirectly employed the Design/Builder will engage as contractors for the by the Design/Builder or anyone for whose acts the Project. DesignBuilder may he liable, the indemnification oblig- ation 11.3 WORK BY OWNER OR under this Paragraph 11.5 shall not be limited by a OWNER'S CONTRACTORS limitation on amount or type of damages, compensation or benefits payable by or for the Design/Builder under 11.3.1 The Owner reserves the right to perform con- workers' compensation acts, disability benefit acts or struction or operations related to the Project with the other employee benefit acts. Owner's own forces, and to award separate contracts in connection with other portions of the Project or other 11.6 SUCCESSORS AND ASSIGNS construction or operations on the site under conditions 11.6.1 The Owner and Design/Builder, respectively, bind of insurance and waiver of subrogation identical to the themselves, their partners, successors, assigns and legal provisions of this Part 2 Agreement. If the Design/Builder representatives to the other party to this Part 2 claims that delay or additional cost is involved because of Agreement and to the partners,successors and assigns of such action by the Owner,the Design/Builder shall assert such other parry with respect to all covenants of this Part such claims as provided in Subparagraph 11.4. 2 Agreement. Neither the Owner nor the Design/Builder 11.3.2 The Design/Builder shall afford the Owner's shall assign this Part 2 Agreement without the written separate contractors reasonable opportunity for intro- consent of the other. The Owner may assign this Part 2 duction and storage of their materials and equipment Agreement to any institutional lender providing con- and performance of their activities and shall connect and struction financing, and the Design/Builder agrees to coordinate the Design/Builder's construction and opera- execute all consents reasonably required to facilitate [ions with theirs as required by the Contract Documents. such an assignment. If either party makes such an assign- ment, that party shall nevertheless remain legally respon- 11.3.3 Costs caused by delays or by improperly timed sible for all obligations under this Part 2 Agreement, activities or defective construction shall be borne by the unless otherwise agreed by the other party. party responsible therefor. 11.7 TERMINATION OF 11.4 CLAIMS FOR DAMAGES PROFESSIONAL DESIGN SERVICES 11.4.1 If either party to this Part 2 Agreement suffers 11.7.1 Prior to termination of the services of the injury or damage to person or property because of an act Architect or any other design professional designated in or omission of the other party,of any of the other party's this Part 2 Agreement, the Design/Builder shall identify employees or agents, or of others for whose acts such to the Owner in writing another architect or other party is legally liable, written notice of such injury or design professional with respect to whom the Owner has damage, whether or not insured, shall be given to the no reasonable objection, who will provide the services AIA DOCUMENT A191,Part 2•OWNER-DESIGN/BI HIDER AGREEMENT•1996 EDITION•AIA®•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE, N W,WASHINGTON, D.C. 20006-5292 • A191-1996 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Part 2—Page 11 originally to have been provided by the Architect or notice that the Owner intends to terminate this Part 2 other design professional whose services are being Agreement. If the Design/Builder fails to correct the terminated. defaults, failure or neglect within seven (7) days after being given notice, the Owner may then give a second 11.8 EXTENT OF AGREEMENT written notice and,after an additional seven (7)days, the This Part 2 Agreement represents the entire Owner may without prejudice to any other remedy ter- 11.8.1agreement between the Owner and the Design/Builder misses the o oof theyme andt f the all materials,Bu Design/Builder andtake g t possession on n the site of n and equipment, eerand supersedes prior negotiations, representations or tools and construction equipment and machinery there- agreements,either written or oral.This Part 2 Agreement on owned by the Design/Builder and finish the Work by may be amended only by written instrument and signed whatever method the Owner may deem expedient. If by both the Owner and the Design/Builder. the unpaid balance of the Contract Sum exceeds the expense of finishing the Work and all damages incurred by the Owner, such excess shall be paid to the ARTICLE 12 Design/Builder. If the expense of completing the Work and all damages incurred by the Owner exceeds the TERMINATION OF THE AGREEMENT unpaid balance, the Design/Builder shall pay the differ- ence to the Owner.This obligation for payment shall sur- 12.1 TERMINATION BY THE OWNER wive termination of this Part 2 Agreement. 12.1.1 This Part 2 Agreement may be terminated by the 12.2 TERMINATION BY THE DESIGWBUILDER Owner upon 14 days'written notice to the Design/Builder 12.2.1 If the Owner fails to make payment when due, the in the event that the Project is abandoned. If such fermi- Design/Builder may give written notice of the Design/ nation occurs, the Owner shall pay the Design/Builder for Builder's intention to terminate this Part 2 Agreement. If Work completed and for proven loss sustained upon the Design/Builder fails to receive payment within seven materials, equipment, tools, and construction equipment (7) days after receipt of such notice by the Owner, the and machinery, including reasonable profit and applicable Design/Builder may give a second written notice and, damages. seven(7)days after receipt of such second written notice by the Owner, may terminate this Part 2 Agreement and 12.1.2 If the Design/Builder defaults or persistently fails recover from the Owner payment for Work executed and or neglects to carry out the Work in accordance with the for proven losses sustained upon materials, equipment, Contract Documents or fails to perform the provisions of tools, and construction equipment and machinery, this Part 2 Agreement, the Owner may give written including reasonable profit and applicable damages. ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Design/Builder in accordance with Article 5, Payments, and the other provisions of this Part 2 Agreement as described below 13.1 COMPENSATION 13.1.1 For the Design/Builder's performance of the Work, as described in Paragraph 3.2 and including any other services listed in Article 14 as part of Basic Services, the Owner shall pay the Design/Builder in current funds the Contract Sum as follows: One Hundred One Thousand Nine Hundred Fifty Nine ( $101,959.00) A191-1996 AIA DOCUMENT A191,Part 2.OWNER-DESIGN/BUIIDER AGREEMENT•1996 EDITION•AIA®•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. ,N W,WASHINGTON, D.C. 20006-5292 • Part 2—Page 12 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 13.1.2 For Additional Services, as described in Paragraph 3.3 and including any other services listed in Article 14 as Additional Services, compensation shall be as follows: Cost of Additional Service + 15% 13.2 REIMBURSABLE EXPENSES 13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services, and include actual expenditures made by the Design/Builder and the Design/Builder's employees and contractors in the interest of the Project, as follows: Cost of Reimbursable Expense + 15% 13.2.2 FOR REIMBURSABLE EXPENSES, compensation shall he a multiple of ( 1.15 ) times the amounts expended. 13.3 INTEREST PAYMENTS 13.3.1 The rate of interest for past due payments shall be as follows: Eight per cent per anum (8%) (Usury lams and requirements under the Federal Truth in Lending Act,similar state and local consumer credit lams and other regulations at the Owner's and Design/ Builder's principal places of business,at the location of the Project and elsewhere may affect the validity of this provision_ Specific legal advice should be obtained with respect to deletion,modification or other requirements,such as written disclosures or waivers) AIA DOCUMENT A191,Part 2•OWNER-DESIGN/ELII DER AGREEMENT•1996 EDITION•AIA®•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE.N W,WASHINGTON, D.C. 20006-5292 • A191-1996 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Part 2—Page 13 ARTICLE 14 OTHER CONDITIONS AND SERVICES 14.1 The Basic Services to he performed shall be commenced on Contract Approval and,subject to authorized adjustments and to delays not caused by the Design/Builder, Substantial Completion shall be achieved in the Contract Time of Four Months ( 120 ) calendar days. 14.2 The Basic Services beyond those described in Article 3 are as follows: 14.3 Additional Services beyond those described in Article 3 are as follows: 14.4 The Design/Builder shall submit an Application for Payment on the Twenty Fifth ( 25th ) day of each month. AIA DOCUMENT A191,Part 2.OWNER-DESIGNBUILDER AGREEMENT•1996 EDITION•ALA*•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006-5292 • A191-1996 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. Part 2—Page 14 14.5 The Design/Builder's Proposal includes the following documents: (List the documents by specific title and date;Include any required performance and payment bonds) Title Date A proposal for: An extension to the Greeley Sand Building (4 pages dated October 16, 2002) Sand Storage Building Addition Elevations Dated December 9, 2002 Drawing No. 3 Sand Storage Building Addition Floor Plan Dated December 9, 2002 Drawing No. 2 Sand Storage Building Addition Foundation Plan Dated January 7, 2003 This Agreement entered into as of the day and year first written above. OWNER — Weld County DESIGN/BUILDER -- � � - (Signature) (Signnature) David E. Long, Chair, Weld County . e---.0 t✓11, Q. 'CC' S 4.\-AA' — E5. (Printed name and title) Board of Commissioners (Printed name and title) (01/15/2003) AIACAUTION: 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 A191,Part 2•OWNER-DESIGNRSUILDER AGREEMENT•1996 EDITION•AIA®•©1996 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W,WASHINGTON, D.C. 20006-5292 • M 91-1996 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Part 2—Page 15 =BOOS-0/93 • I+` . 1 f1 7' 2 ii. 11000 romx,w = V=rronxa ,r T T G' Z6,u' I I ID'-.�26' 12'- I 16' I 15' \ rrb' H PROJECT' DRAWING TITLE' ,DATE' HELD COUNTY FLOOR PLAN DECEMBER 9, 2002 SAND STORAGE DRAWING PUBLIC WORKS BUILDING ADDITION 8CALE 20 GREELEY, COLORADO I/5 = II -0" 2 2 No. No. J r fti igi pi ..11 to Epl / II t 1 �_ I , 4,__s tr 24 I ' '4+ s i I —f\ i 1 I - I k i . i t 'x12.1_,. k PROJECT. DRAWNG TIT LEA DATE. ELEVATIONS DECEMBER 9, 2002 gad HELD COUNTY SAND STORAGE DRAWING No. No. 3812 Carson Ave. PUBLIC WORKS BUILDING ADDITION SCALE' 3 � Evans, Colorado, 50620 GREELEY, COLORADO 1/6�� -= 1I -o" . it I , !!1 M i Q - wflI i+ + i I ._ E IM Ii� :Z, 11:II ' i ma M LI, nL.'T ' / MM pp I l I Q Q Q — 1+ t ;�, mX r 94 II .11 N N—i N N ' I. i+ +�i I T E O O O O fit r r r_—�- ., n d a 'o / d a a p1 i 1 5) a i . NN If i{�e ._r Watt ' r '-' I p ,t , M .1 1 1 al r,, n ? u SII i � — i _ N r I" i : 4 ! p a g li�... ...�.., E ! .y I J�,�6' u' Tim n, 12' I 25, I �, i • ' = IIII ::ff I f MI V IV IR I I _R we: ith i r CI«J / i II $� T �' r PI r 9 � + i NI n q i lilt 041 / 1 I iiiit. e� V a — T •lid I, pp uuuuu...1. II ;{ Iii , .A*.r+l z - r _ 9 fTM ', " -r- � �j + ` NNNNN� V r g .'�i'ol'i'. a ' • • _ 8 t-'r rr Si t x P 3$ ' 4 Y air,' 1 x !IOW O a I i ! ��i,////// .--,4 rigt �j I II g 11 in in i;}iir n Z „L' 't + ' �° I .... r eg i 1�1� g S:3 9 Z ..-. Q Y Y i kilial lil N N ts 2 1 �Iri 1 i 4 >ti e pi i pa $ e S 0 Jr,' PROJECT DRAWING TITLE. DATE. Zuti �stQ 6 FOUNDATION PLAN 1" aj 7' zap �= Builders WELD COUNTY SAND STORAGE DRAWING NO.INNN0. 3812 Corson Ave. PUBLIC WORKS BUILDING ADDITION SCALE Evans, Colorado, 80620 GREELEY, COLORADO 1/611 = 11 -011 4 I i r Hello