HomeMy WebLinkAbout20001494.tiff RESOLUTION
RE: APPROVE STANDARD FORM OF AGREEMENT FOR A NEW GRADER BUILDING
AND SAND SHED 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 a
New Grader Building and Sand Shed 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 June 10, 2000, and ending
200 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 a New Grader Building and
Sand Shed 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 19th day of June, A.D., 2000, nunc pro tunc June 10, 2000.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLOR DO
ATTEST: 22714/ 4LL'% tkmerh7
Weld County Clerk to t�. ,� Tr
.; M. J. Geile, Pro- em --
Deputy Clerk to the B..`y'�
eorge Baxter
APPROVED A/S Yb FORM: _
Dale K. Hall z
%C ty t rneySt41/4-463
Glenn Vaad
2000-1494
ce ; f lU 1,_/iirectwrA- PR0018
THE AMERICAN INSTITUTE OF ARCHITECTS
L..I
A/A Document A191
Standard Form of Agreement Between
Owner and Design/Builder
1985 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;
CONSULTATION WITH AN ATTORNEY IS ENCOURAGED.
This Document comprises two separate Agreements: Part 1 Agreement—Preliminary Design and Budgeting and Part 2
Agreement--Final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2
Agreement is referred to as Part 2.
PART 2 AGREEMENT-FINAL DESIGN AND CONSTRUCTION
AGREEMENT
made as of the 7th day of June in the year obtsidnrieetx
ktraccdcfachecad< 2000
BETWEEN the Owner: Weld County Government
(Name and address) Greeley, Colorado
and the Design/Builder: Landmark Builders of Greeley Inc
(Name and address) 3812 Carson Avenue
Evans, Colorado
For the following Project:
(Include i'rojeet name, location and detailed description of scope.)
A New Grader and Sand Shed
Fort Lupton, Colorado
The architectural services described in Article 2 will be provided by the following person or
entity who is lawfully licensed to practice architecture:
(Name and address)
The Owner and the Design/Builder agree as set forth below. 2000-1494
PRocn
Copyright U 1985 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 2000o.
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 A191,Part 2 • OWNER-DESIGN/BIJILDI K AGREEMENT • I IRST EDITION A191-1985
• AIA^ • (c:1985 • THE AMERICAN INSTITt1TE Of AR(HITECTs, 715 NEW YORK AVENUE, PART 2-PAGE 1
N.W_,WASHINGTON, D.C.20006
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
•
Terms and Conditions—Part 2 Agreement
ARTICLE 1 ARTICLE 2
GENERAL PROVISIONS DESIGN/BUILDER
1.1 BASIC DEFINITIONS 2.1 SERVICES AND RESPONSIBILITIES
1.1.1 The Contract Documents consist of the Design/ 2.1.1 Design services shall be performed by qualified ar-
Builder's Proposal identified in Article 14, this Part 2, the chitects, engineers and other professionals selected and
Construction Documents approved by the Owner in actor- paid by the Design/Builder.The professional obligations of
dance with Subparagraph 2.2.2 below and Modifications such persons shall be undertaken and performed in the
issued after execution of Part 2.A Modification is a Change interest of the Design/Builder. Construction services shall
Order or a written amendment to Part 2 signed by both be performed by qualified construction contras tors and
parties. These form the Contract, and are as fully a part of suppliers, selected and paid by the Design/Builder and
the Contract as if attached to this Part 2 or repeated herein. acting in the interest of the Design/Builder. Nothing c Ill—
tained in Part 2 shall create any professional obligation or
1.1.2 The Project is the total design and construction for contractual relationship between such perons and the
which the Design/Builder is responsible under Part 2, in- Owner.
cludi Ig all professional design services and all labor, mate- 2 2 BASIC SERVICES
rials .and equipment used or incorporated in such design
and construction. 2.2.1 The Design/Builder's Basic Services are described
below and in Article 14.
1.1.3 The Work comprises the completed construction 2.2.2 Based on the Design/Builder's Propos.J,the Design,
designed under the Project and includes labor necessary to Builder shall submit Construction Document', for review
produce such construction, and materials and equipment and approval by the Owner.Construction Documents shall
incorporated or to be incorporated in such construction. include technical drawings,schedules,diagn.ms and spec i-
fications, setting forth in detail the requirement, for c un-
1.2 EXECUTION, CORRELATION AND INTENT struction of the Work, and shall:
1.2.1 This Part 2 shall be signed in not less than duplicate .1 develop the intent of the Design/Builder's "rr r
by the Owner and Design/Builder. posal in greater detail;
.2 provide information customarily necessary for the
1.2.2 It is the intent of the Owner and Design/Builder that use of those in the building trades; and
the Contract Documents include all items necessary for .3 include documents customarily recurred for rem-
proper execution and completion of the Work. The Con- ulatory agency approvals.
tract Documents are complementary, and what is required
by any one shall be as binding as if required by all.Work not 2.2.3 The Design/Builder shall assist the Owner in fir rig
covered in the Contract Documents will not be required documents required to obtain necessary approvals of gov-
unless it is consistent with and is reasonably inferable from ernmental authorities having jurisdiction OV-N the Projec 1
the TOntract Documents as being necessary to produce the 2.2.4 Unless otherwise provided in the Contract Docu-
intended results. Words and abbreviations which have ments, the Design/Builder shall provide or cause to be
well-known technical or trade meanings are used in the provided and shall pay for design services, labor, materials,
Contract Documents in accordance with such recognized equipment,tools,construction equipment and rlachiru r),
meanings. water, heat, utilities,transportation and other fat ilities and
services necessary for proper execution and completion of
1.3 OWNERSHIP AND USE OF DOCUMENTS the Work, whether temporary or permanert and whether
1.3.1 The drawings, specifications and other documents or not incorporated or to be incorporated n the Work
furnished by the Design/Builder are instruments of service 2.2.5 The Design/Builder shall be responsible for and
and shall not become the property of the Owner whether shall coordinate all construction means, lei hods, tec h-
or not the Project for which they are made is commenced. niques, sequences and procedures.
Drawings, specifications and other documents furnished
by the Design/Builder shall not be used by the Owner on 2.2.6 The Design/Builder shall keep the Chvner informed
other projects, for additions to this Project or, unless the of the progress and quality of the Work.
Design/Builder is in default under Part 2,for completion of 2.2.7 7 If requested in writing by the Owner the Design/
this Project by others,except by written agreement relating
Builder, with reasonable promptness and in at
to use, liability and compensation.
with time limits agreed upon, shall interpret the require-
1.3. I Submission or distribution of documents to meet ments of the Contract Documents and initially shall des ide,
official regulatory requirements or for other purposes in subject to demand for arbitration, claims disputes and
connection with the Project is not to be construed as pub- other matters in question relating to perfc rinance there-
heat on in derogation of the Design/Builder's or the Archi- under by both Owner and Design/Builder.Sal h interpreta-
tect's common law copyrights or other reserved rights.The tions and decisions shall be in writing, shah not be pre-
Owner shall own neither the documents nor the sumed to be correct and shall be given such weight a, thce
copyrights. arbitrator(s) or the court shall determine
4191-1985 MA DOCUMENT A191,Part 2 • OWNER-DESIGN/WILDER Ac RI I MIN I • IIIO r tI,II.ON
• AIM- • a 1985 • THE AMr RICAN INSTITUI E Or ARCHI I r l 1S. I]U NI W A IRK MI''It I
PAPIT 2-PAGE 2 NM.WASHINGTON,D.c. 1110111,
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
2.2.8 The Design/Builder shall correct Work which does 2.2.17 The Design/Builder shall maintain in good order at
not conform to the Construction Documents. the site one record copy of the drawings, specifications,
2.2.9 The Design/Builder warrants to the Owner that ma- product data,samples,shop drawings,Change Orders and
terials and equipment incorporated in the Work will be new other Modifications, marked currently to record changes
unless otherwise specified, and that the Work will be of made during construction. These shall be delivered to the
good quality, free from faults and defects, and in confor- Owner upon completion of the design and construction
mance with the Contract Documents. Work not conform- and prior to final payment.
ing to these requirements shall be corrected in accordance
with Article 9. ARTICLE 3
2.2.10 The Design/Builder shall pay all sales, consumer, OWNER
use and similar taxes which were in effect al the time the
Design/Builder's Proposal was first submitted to the Owner, 3.1 The Owner shall designate a representative ,wtho
and shall secure and pay for building and other permits and rized to act on the Owner's behalf with respect to tht
governmental fees, licenses and inspections necessary for Project.The Owner or such authorized representative shal
the proper execution and completion of the Work which examine documents submitted by the Design/Builder and
are either customarily secured after execution of Part 2 or shall promptly render decisions pertaining thereto to avoic
are legally required at the time the Design/Builder's Pro- delay in the orderly progress of the Work.
posal was first submitted to the Owner. 3.2 The Owner may appoint an on-site project represen
2.2.11 The Design/Builder shall give notices and comply tative to observe the Work and to have such other responsi
with laws,ordinances, rules, regulations and lawful orders bilities as the Owner and Design/Builder agree in writing
of public authorities relating to the Project. prior to execution of Part 2.
2.2.12 The Design/Builder shall pay royalties and license 3.3 The Owner shall cooperate with the Design/buiider irr
fees. The Design/Builder shall defend suits or claims for securing building and other permits, licenses and inspec
infringement of patent rights and shall save the Owner tions, and shall pay the fees for such permits, hi senses and
harmless from loss on account thereof, except that the inspections if the cost of such fees is not identified as being
Owner shall be responsible for such loss when a particular included in the Design/Builder's Proposal.
design, process or product of a particular manufacturer is 3.4 The Owner shall furnish services by land surveyors.
required by the Owner. However, if the Design/Builder has geotechnical engineers and other consultants tDr subsoil,
reason to believe the use of a required design, process or air and water conditions, in addition to those provided
product is an infringement of a patent, the Design/Builder under Part 1 when such services are deemed necessary by
shall be responsible for such loss unless such information the Design/Builder to carry out properly the design service,
is promptly given to the Owner. under this Part 2.
2.2.13 The Design/Builder shall be responsible to the 3.5 The Owner shall furnish structural, meta h..nical,
Owner for acts and omissions of the Design/Builder's em- chemical, geotechnical and other laboratory or ''n-site
ployees and parties in privity of contract with the Design/ tests, inspections and reports as required by law or the
Builder to perform a portion of the Work, including their Contract Documents.
agents and employees. 3.6 The services, information, surveys arm eports re-
2.2.14 The Design/Builder shall keep the premises free quired by Paragraphs 3.4 and 3.5 shall be furni;hed at the
from accumulation of waste materials or rubbish caused by Owner's expense,and the Design/Builder shall be entitled
the Design/Builder's operations. At the completion of the to rely upon their accuracy and completeness
Work,the Design/Builder shall remove from and about the 3.7 If the Owner observes or otherwise become, aware of
Project the Design/Builder's tools, construction equip- a fault or defect in the Work or nonconformity with the
ment, machinery, surplus materials, waste materials and Design or Construction Documents, the OwnE r shall give
rubbish. prompt written notice thereof to the Design/Budder.
2.2.15 The Design/Builder shall prepare Change Orders 3.8 The Owner shall furnish required information and
for the Owner's approval and execution in accordance with services and shall promptly render decisions per aining
Part 2 arid shall have authority to make minor changes in the thereto to avoid delay in the orderly progress fir the design
design and construction consistent with the intent of Part 2 and construction.
not involving an adjustment in the contract sum or an
extension of the contract time. The Design/Builder shall 3.9 The Owner shall,at the request of the Design/builder
promptly inform the Owner,in writing,of minor changes in and upon execution of Part 2, provide a certified c note-
the des gn and construction. rued statement of funds available for the Project and their
2.2.16 The Design/Builder shall notify the Owner when source.
the Work or an agreed upon portion thereof is substantially 3.10 The Owner shall communicate with contrartars only
completed by issuing a Certificate of Substantial Comple- through the Design/Builder.
tion which shall establish the Date of Substantial Comple-
tion,shall state the responsibility of each party for security, ARTICLE 4
maintenance, heat, utilities, damage to the Work and in- TIME
surance, shall include a list of items to be completed or
corrected and shall fix the time within which the De- 4.1 The Design/Builder shall provide services a, I xpedr-
sign/Builder shall complete items listed therein. Disputes tiously as is consistent with reasonable skill and care and
between the Owner and Design/Builder regarding the Cer- the orderly progress of design and constructic n
tificate of Substantial Completion shall be resolved by 4.2 Time limits stated in the Contract Documents are of
arbitration. the essence of Part 2.The Work to be performec under Part
MA DOCUMENT A191,Part 2 • OWNER-DESIGN RAIDER ACREI MINI • FIRS 1O)I II1)N 4191-1985
• AR" • cI Nth • THE AMERICAN INSIIIll Ii OE ARIIIIIIITS,1;35 NEW YORK AVE NIII,
N.W. WASiIINt U)N, u.t.2000, PART 2-PAGE 3
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
2 shall commence upon execution of a notice to proceed equipment covered by previous Applications ''or Payment
unless otherwise agreed and,subject to authorized Modifi- are free and clear of liens, claims, security interests or
cations, Substantial Completion shall be achieved as indi- encumbrances, hereinafter referred to as "liens"; and (3)
cated in Article 14. no Work, materials or equipment covered by an Applica-
4.3 The Date of Substantial Completion of the Work or an lion for Payment will have been acquired by the Designs
agreed upon portion thereof is the date when construction Builder,or any other person performing work..d the site or
furnishing materials or equipment for the Pr
or an agreed upon portion thereof is sufficiently complete a,ect, subject
to an agreement under which an interest therein or an
so the Owner can occupy and utilize the Work or agreed
encumbrance thereon is retained by the seller or otherwise
upon portion thereof for its intended use.
imposed by the Design/Builder or such other person.
4.4 The schedule provided in the Design/Builder's Pro- 5.1.8 If the Contract provides for retainage, then at the
posal shall include a construction schedule consistent with date of Substantial Completion or occupancy O1 the Work
Paragraph 4.2 above. or any agreed upon portion thereof by the Owner. which-
4.5 If the Design/Builder is delayed in the progress of the ever occurs first, the Design/Builder may apply for and the
Project by acts or neglect of the Owner, Owner's employ- Owner,if the Design/Builder has satisfied the requirements
ees,separate contractors employed by the Owner,changes of Paragraph 5.2.1 and any other requirements of the Con-
ordered in the Work not caused by the fault of the Design/ tract relating to retainage, shall pay the Design/Builder the
Builder, labor disputes, fire, unusual delay in transporta- amount retained, if any, for the Work or for the portion
tion,adverse weather conditions not reasonablyanticipata- completed or occupied, less the reasonable value of incoi-
ble, unavoidable casualties, or other causes beyond the rect or incomplete Work. Final payment of such withheld
Design/Builder's control, or by delay authorized by the sum shall be made upon correction or completion of such
Owner's pending arbitration or another cause which the Work.
Owner and Design/Builder agree is justifiable,the contract
time shall be reasonably extended by Change Order. 5.2 FINAL PAYMENT
5.2.1 Neither final payment nor amounts retained, it any,
ARTICLE 5 shall become due until the Design/Builder sunmiis to the
Owner (1) an affidavit that payrolls, bills for miner als and
PAYMENTS equipment, and other indebtedness tonne,ied with the
5.1 PROGRESS PAYMENTS Project for which the Owner or Owner's prop(riv might he
liable have been paid or otherwise satisfied, C ) .assent ot
5.1.1 The Design/Builder shall deliver to the Owner surety, if any, to final payment, (3) a certificate th it insu-
itemized Applications for Payment in such detail as indicat- ance required by the Contract Documents is n ft ace fit
ed in Article 14. lowing completion of the Work, and 141 if regHIrent by I is
5.1.2 Within ten days of the Owner's receipt ot a properly Owner, other data establishing payment or srti(fa( lion of
submitted and correct Application for Payment,the Owner obligations, such as receipts, releases and wa vors of liens
shall make payment to the Design/Builder. arising out of Part 2, to the extent and in such ft am as coal
be designated by the Owner. If a contractor reuses In
5.1.3 The Application for Payment shall constitute a repre-
sentation by the Design/Builder to the Owner that, to the furnish a release or waiver required by the Owner, the
Design/Builder may furnish a bond satisin has to Inc
best of the Design/Builder's knowledge, information and Owner to indemnify the Owner against such lien It sur•h
belief, the design and construction have progressed to the lien remains unsatisfied after payments are marl(. the l?o-
point indicated; the quality of the Work covered by the sign/Builder shall reimburse the Owner for monoys ihr
application is in accordance with the Contract Documents; latter may be compelled to pay in dischargltu_j s,ch lit n
and the Design/Builder is entitled to payment in the including all costs and reasonable attorneys' fees
amount requested.
5.1.4 The Design/Builder shall pay each contractor, upon 5.2.2 Final payment constituting the entire unpaid hat receiptof payment from the Owner,out of the amount paid ance due shall be paid by the Owner to the Dux y,t 'Builder
totheDesi Design/Builder on account such contractors work, upon the Owner's receipt ot the DesignBuld ai's •inalAp-
g plication for Payment when the Work has beet .o=npleicd
the amount to which said contractor is entitled in accor-
dance with the terms of the Design/Builder's contract with and the Contract fully performed except for 0 iose ivmeni-
such contractor. The Design/Builder shall, by appropriate sibilities of the Design/Builder which survive li LT p-Nmenl
agreement with each contractor,require each contractor to 5.2.3 The making of final payment shall ;(umlaute
make payments to subcontractors in similar manner. waiver of all claims by the Owner except those a sing from
5.1.5 The Owner shall have no obligation to pay or to be .1 unsettled liens;
responsible in any way for payment to a contractor of the .2 faulty or defective Work appearing a ii'r•:ubstan
Design/Builder except as may otherwise be required by law. tial Completion;
5.1.6 No progress payment or partial or entire use or .3 failure of the Work to comply with r^1lul omen(,
occupancy of the Project by the Owner shall cunstit ule an of the Contract Documents; or
acceptance of Work not in accordance with the Contract .4 terms of special warranties required by the Ci in
Documents. tract Documents.
5.1.7 The Design/Builder warrants that: (1l title to Work, 5.2.4 Acceptance of final payment shall r mu tuir .,
materials and equipment covered by an Application for waiver of all claims by the Design/builder t'xcepi those
Payment will pass to the Owner either by incorporation in previously made in writing and identified by Tie I)esipit
construction or upon receipt of payment by the Design/ Builder as unsettled at the time of final Apalient,on to,
Builder, whichever occurs first; (21 Work, materials and Payment.
A191.1985 AlA DO(uMENT A191,Pan 2 • OWMR-IItsIC.N/liilll O1k ACRn MI N I • IM I rain,
• AIA" • 'YNl,5 • TrtEAMI RIr AN INST ,nuli Di AR(milicas. ',P., v,OI S AVENUE
PART 2-PAGE 4 N W.,WASHING I( ac-21011,
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
5.3 INTEREST PAYMENTS rectly related to employment of such person by
5.3.1 Payments due the Design/Builder under Part 2 which the Design/Builder or (2) by another person;
are not paid when due shall bear interest from the date due .5 claims for damages,other than to the Work at the
at the rate specified in Article 13, or in the absence of a site,because of injury to or destruction of tangible
specified rate, at the legal rate prevailing where the prin- property, including loss of use; and
cipal improvements are to be located. .6 claims for damages for bodily injury or death of a
person or property damage arising out of owner
ARTICLE 6 ship, maintenance or use of a motor vehic le.
PROTECTION OF PERSONS AND PROPERTY 7.1.2 The insurance required by the above Subparagraph
7.1.1 shall be written for not less than limits of liability
6.1 The Design/Builder shall be responsible for initiating, specified in the Contract Documents or required by law.
maintairing and providing supervision of safety precau_ whichever are greater.
tions and programs in connection with the Work. 7.1.3 The Design/Builder's liability insurance shall include
6.2 The Design/Builder shall take reasonable precautions contractual liability insurance applicable to the Design.
for safety of, and shall provide reasonable protection to Builder's obligations under Paragraph 11.7.
prevent damage, injury or loss to: (1) employees on the 7.1.4 Certificates of Insurance, and copies of policies e
Work and other persons who may be affected thereby; (2) requested, acceptable to the Owner shall be delivered to
the Work and materials and equipment to be incorporated the Owner prior to commencement of design and con
therein; and (3) other property at or adjacent to the site. struction. These Certificates as well as insurance policies
6.3 The Design/Builder shall give notices and comply with required by this Paragraph shall contain a provision than.
applicable laws, ordinances, rules, regulations and orders coverage will not be cancelled or allowed to expire until at
of public authorities bearing on the safety of persons and least thirty days' prior written notice has been given to the
property and their protection from damage, injury or loss. Owner. If any of the foregoing insurance coverages art
required to remain in force after final payment, an addi
6.4 The Design/Builder shall be liable for damage or loss tional certificate evidencing continuation of such coverage
(other than damage or loss to property insured under the shall be submitted along with the application for final
property insurance provided or required by the Contract payment.
Documents to be provided by the Owner) to property at
the site caused in whole or in part by the Design/Builder, a 7.2 OWNER'S LIABILITY INSURANCE
contractor of the Design/Builder or anyone directly or indi- 7.2.1 The Owner shall be responsible for purchasing and
rectly employed by either of them,or by anyone for whose maintaining, in a company or companies authorized to do
acts they may be liable, except damage or loss attributable business in the state in which the principal improvements
to the acts or omissions of the Owner,the Owner's separate are to be located,Owner's liability insurance to protect the
contractors or anyone directly or indirectly employed by Owner against claims which may arise from operations
them or by anyone for whose acts they may be liable and under this Project.
not attributable to the fault or negligence of the Design/ 7.3 PROPERTY INSURANCE
Builder.
7.3.1 Unless otherwise provided under this Part 2, the
ARTICLE 7 Owner shall purchase and maintain, in a company or com-
panies authorized to do business in the state in which the
principal improvements are to be located, property insur
7.1 DESIGN/BUILDER'S LIABILITY INSURANCE ance upon the Work at the site to the full instilable value
thereof. Property insurance shall include interests of the
7.1.1 The Design/Builder shall purchase and maintain in a Owner, the Design/Builder, and their respective con
company or companies authorized to do business in the tractors and subcontractors in the Work. It shall insure
state in which the Work is located such insurance as will against perils of fire and extended coverage and shall in
protect the Design/Builder from claims set forth below dude all risk insurance for physical loss or damage includ
whit h may arise out of or result from operations under the ing,without duplication of coverage,theft, vandalism and
Contract by the Design/Builder or by a contractor of the malicious mischief. If the Owner does not intend to pur
Design/Builder, or by anyone directly or indirectly em- chase such insurance for the full insurable value of the
ployed by any of them, or by anyone tor whose acts they entire Work,the Owner shall inform the Design/Builder it
may be liable: writing prior to commencement of the Work.The Design
.1 claims under workers' or workmen's compensa- Builder may then effect insurance for the Work at the situ
tion,disability benefit and other similar employee which will protect the interests of the Design(Bulder and
benefit laws which are applicable to the Work to the Design/Builder's contractors and subcontractor:, and
be performed; by appropriate Change Order the cost thereof shall be
.2 claims for damages because of bodily injury, oc- charged to the Owner. If the Design/Builder is darna,(ed bt
cupational sickness or disease, or death of the failure of the Owner to purchase or maintain r uch insur
Design/Builder's employees under any applicable ance without notice to the Design/Builder,then the I )wne•
employer's liability law; shall bear all reasonable costs properly attributable there
.3 claims for damages because of bodily injury, sick- to. If not covered under the all risk insurance of not other
ness or disease,or death of persons other than the wise provided in the Contract Documents, the Design
Design/Builder's employees; Builder shall effect and maintain similar property nisilrance
.4 claims for damages covered by usual personal in- on portions of the Work stored off-site or in trar sitwhen
jury liability coverage which are sustained (1) by a such portions of the Work are to be included in an Aoplica
person as a result of an offense directly or indi- lion for Payment.
MA DOCUMFNT A191,Part 2 • OWNER-DI SIGN lii)iii)i :VIM!MINI • FIKSI l l)InON At9I-1985
• MA" • 'inc • WI AMLK!(AN INSIIIIIII (II AKCII!!I(iS. V.IS NI W YORK Mil NLII.
S.W..WA'I ii N(.ION,o.c. znonh PAR] 2-PAGE 5
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
7.3.2 Unless otherwise provided under this Part 2, the arbitration as provided in Article 10. If distribution atinsul-
Owner shall purchase and maintain such boiler and ma- ance proceeds by arbitration is required,the arbitrators will
chinery insurance as may be required by the Contract Doc- direct such distribution.
uments or by law and which shall specifically cover such 7.3.9 If the Owner finds it necessary to occupy or use a
insured objects during installation and until final accep- portion or portions of the Work before Substantial Corr-
tance by the Owner. This insurance shall cover interests of pletion, such occupancy or use shall not foramen«. prier
the Owner, the Design/Builder, and the Design/Builder's to a time agreed to by the Owner and Design/Builder and t.I
contractors and subcontractors in the Work. which the insurance company or companies providing
7.3.3 A loss insured under Owner's property insurance is property insurance have consented by endorsement to the
to be adjusted with the Owner and made payable to the policy or policies.The property insurance shall not lapse r
Owner as trustee for the insureds, as their interests may be cancelled on account of such partial occupancy or use-
appear, subject to requirements of any applicable mort- Consent of the Design/Builder and of the insurance corm
gagee clause and of Subparagraph 7.3.8. The Design/ pany or companies to such occupancy or use shall not be
Builder shall pay contractors their shares of insurance pro- unreasonably withheld.
ceeds received by the Design/Builder, and by appropriate 7.4 LOSS OF USE INSURANCE
agreement,written where legally required for validity,shall 7.4.1 The Owner, at the Owner's option, may purchase
require contractors to make payments to their subcontrac- and maintain such insurance as will insure he Own( r
tors in similar manner. against loss of use of the Owner's properly due to tire cr
7.3.4 Before an exposure to loss may occur, the Owner other hazards, however caused. The Owner waives all
shall file with the Design/Builder a copy of each policy rights of action against the Design/Builder, a1d its car'-
required by this Paragraph 7.3. Each policy shall contain tractors and their agents and employees, for loss of use et
only those endorsements specifically related to this Proj- the Owner's property, including consequential loses due
ect. Each policy shall contain a provision that the policy will to fire or other hazards, however caused, to the extent
not be cancelled or allowed to expire until at least thirty covered by insurance under this Paragraph 7e1.
days' prior written notice has been given the Design; 7.5 PERFORMANCE BOND AND PAYMENT BOND
Builder.
7.5.1 The Owner shall have the right to require the De-
7.3.5 If the Design/Builder requests in writing that insur- sign/Builder to furnish bonds covering the faithful oerfo--
ance for risks other than those described herein or for mance of the Contract and the payment of all ohli;atiors
other special hazards be included in the property insurance arisingthereunderifandasrequiredintheContiaoDocu-
policy,the Owner shall, if possible,obtain such insurance, ments or in Article 14.
and the cost thereof shall be charged to the Design/Builder
by appropriate Change Order.
7.3.6 The Owner and Design/Builder waive all rights ARTICLE 8
against each other and the contractors, subcontractors,
agents and employees, each of the other, for damages CHANGES IN THE WORK
caused by fire or other perils to the extent covered by 8.1 CHANGE ORDERS
property insurance obtained pursuant to this Paragraph 7.3
or other property insurance applicable to the Work,except 8.1.1 A Change Order is a written order signed by the
such rights as they may have to proceeds of such insurance Owner and Design/Builder, and issued after exect.tron of
held by the Owner as trustee. The Owner or Design/ Part 2, authorizing a change in the Work or adjustment it
Builder, as appropriate, shall require from contractors and the contract sum or contract time. The contract sum and
subcontractors by appropriate agreements, written where contract time may be changed only by Change Order.
legally required for validity,similar waivers each in favor of 8.1.2 The Owner, without invalidating Part 2 Ina.- order
other parties enumerated in this Paragraph 7.3.The policies changes in the Work within the general scope o1 Part
shall be endorsed to include such waivers of subrogation. consisting of additions, deletions or other revisions, and
7.3.7 If required in writing by a party in interest, the the contract sum and contract time shall be adlusfed a'
cordingly.Such changes in the Work shall be authorized by
Owner as trustee shall provide, upon occurrence of an
insured loss, a bond for proper performance of the Change Order, and shall be performed under applicable
Owner's duties. The cost of required bonds shall be conditions of the Contract Documents.
charged against proceeds received as trustee. The Owner 8.1.3 If the Owner requests the Design/Builder to suhmit
shall deposit proceeds so received in a separate account a proposal for a change in the Work and then elect- not to
and shall distribute them in accordance with such agree- proceed with the change, a Change Order shall be i,cued
ment as the parties in interest may reach,or in accordance to reimburse the Design/Builder for any costs incw red to'
with an arbitration award in which case the procedure shall Design Services or proposed revisions ter the C ditra
be as provided in Article 10. If after such loss no other Documents.
special agreement is made, replacement of damaged Work 8.1.4 Cost or credit to the Owner resulting tren a hanfe
shall be covered by appropriate Change Order. in the Work shall be determined in one or wore of the
7.3.8 The Owner, as trustee, shall have power to adjust following ways:
and settle a loss with insurers unless one of the parties in .1 by mutual acceptance of a lump Mum proper'v-
interest shall object, in writing,within ten days after occur- itemized and supported by sufficient sub,t.tntiat-
rence of loss,to the Owner's exercise of this power If such ing data to permit evaluation;
objection be made,the Owner as trustee shall make settle- .2 by unit prices stated in the Contract Doc went.,
te-
ment with the insurers in accordance with the decision ol subsequently agreed upon;
A191-1985 AIA DOCUMENT A191,Part 2 • ONNLR-UtSI N'IllIILDtR ACRE I MINI • 116J I UIIL IN
• AEA" • cIM • till NMI R1(AN INstrtll If Ul ARCIIIII( IS IJf',NIAV ukeWI'V II
PART 2-PAGE 6 N w.,wnsn INC rr IN, D e. 211006
WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution.
.3 by cost be determined in a manner agreed upon mission of the Design/Builder's Proposal under Part 1.
by the parties and a mutually acceptable fixed or
percentage fee; or
.4 by the method provided below. ARTICLE 9
8.1.5 If none of the methods set forth in Clauses 81.4.1, CORRECTION OF WORK
8.1.4.2 or 8.1.4.3 is agreed upon, the Design/Builder, pro-
vided av✓ritten order signed by the Owner is received,shall 9.1 The Design/Builder shall promptly torte(' Work re
promptly proceed with the Work involved.The cost of such jeered by the Owner or known by the Design/Buildei to be
Work shall then be determined on the basis of reasonable defective or failing to conform to the Construe lion :Thai
expenditures and savings of those performing the Work menu,whether observed before or after Substantial Came
attributable to the change, including the expenditures for pletion and whether or not fabricated, installed or com
pleted,and shall correct Work under this Part 2 tin ne to be
design services and revisions to the Contract Documents.
In case of an increase in the contract sum, the cost shall defective or nonconforming within a period of )n„ year
include a reasonable allowance for overhead and profit. In from the date of Substantial Completion of the Work oi
case of tie methods set forth in Clauses 8.1.4.3 and 8.1.4.4, designated portion thereof, or within such lom.;er period
the Design/Builder shall keep and present an itemized ac- provided by any applicable special warranty in the Contras
counting together with appropriate supporting data for Documents.
inclusion in a Change Order. Unless otherwise provided in 9.2 Nothing contained in this Article 9 shall be c in-truce
the Contract Documents, cost shall be limited to the fol- to establish a period of limitation with respect to other
lowing: cost of materials, including sales tax and cost of obligations of the Design/Builder under this fart 2 Para
delivery; cost of labor,including social security,old age and graph 9.1 relates only to the specific obligation o the De
unemployment insurance,and fringe benefits required by sign/Builder to correct the Work,and has no rela ion'hiptc
agreement or custom; workers' or workmen's compensa- the time within which the obligation to comply w th the
lion insurance; bond premiums; rental value of equipment Contract Documents may be sought to be enforce d, norte
and machinery; additional costs of supervision and field the time within which proceedings may be cow men<ed 1e
office personnel directly attributable to the change; and establish the Design/Builder's liability with respect to the
lees paid to architects, engineers and other professionals. Design/Builder's obligations other than correctii n of the
Pending final determination of cost to the Owner, pay- Work.
rnents cn account shall be made on the Application (or 9.3 If the Design/Builder fails to correct deice i iv( V(irk a ,
Payment.The amount of credit to be allowed by the Design/ required or persistently fails to carry out Wor; in xcor
Builder o the Owner for deletion or change which results dance with the Contract Documents,the Chanel Iyva ilter,
in a net decrease in the contract sum will be actual net cost. order signed personally or by an agent spec MI il y o ern
When bath additions and credits covering related Work or powered by the Owner in writing, may order t tie I (-sign
substitutions are involved in a change, the allowance for Builder to slop the Work, or any portion there( t, II, III the
overhead and profit shall be figured on the basis of the net cause for such order has been eliminated; hoN eye!, the
increase', if any, with respect to that change. Owner's right to stop the Work shall not give roe to 3 due'
8.1.6 Ii unit prices are stated in the Contract Documents on the part of the Owner to exercise the right to-her refit o•
or subsequently agreed upon, and if quantities originally the Design/Builder or other persons or entitle'.
contemplated are so changed in a proposed Change Order 9.4 If the Design/Builder defaults or neglects I.) cal ry O111
that application of agreed unit prices to quantities pro- the Work in accordance with the Contract Doe cn el is and
posed will cause substantial inequity to the Owner or De- fails within seven clays alter receipt of written I otic•• Iron(
sign/Builder, applicable unit prices shall be equitably the Owner to commence and continue correc no'1 ' I sue Ii
adjusted. default or neglect with diligence and promt Ines. the
Owner may give a second written notice to tie I resign'
8.2 CONCEALED CONDITIONS
Builder and, seven days following receipt by t L• I Iesign'
8.2.1 I' concealed or unknown conditions of an unusual Budder of that second written notice and without pp judic-
nature that affect the performance of the Work and vary to other remedies the Owner may have, correc ru( h dell
from those indicated by the Contract Documents are en- dens ies. In such case an appropriate Change t.1 di r shall
countered below ground or in an existing structure other be issued deducting from payments then or the e after dui•
than the Work, which conditions are not ordinarily found the Design/Builder costs of correcting such deincrer es. It
to exist or which differ materially from those generally the payments then or thereafter clue.the Design.B oh lerarv•
recognized as inherent in work of the character provided not sufficient to cover the amount of the ded n In n, the
for in this Part 2,notice by the observing party shall be given Design/Builder shall pay the difference to the OA a Such
prompt y to the other party and, if possible, before condi- ace tion by the Owner shall be subject to arhitr it ph
tions are disturbed and in no event later than twenty-one
days after first observance of the conditions. The contract
sum shall be equitably adjusted for such concealed or un- ARTICLE 10
known conditions by Change Order upon claim by either ARBITRATION
party made within twenty-one days after the claimant be-
comes aware of the conditions. 10.1 Claims, disputes and other matters in qne 'II m h(-
tween the parties to this Part 2 arising out oior r dating t 1
8.3 REGULATORY CHANGES Part 2 shall he decided by arbitration in ac cor lame wit
8.3.1 The Design/Builder shall be compensated for the Construction Industry Arbitration Rules of the Amer -
change;in the Work necessitated by the enactment or revi- can Arbitration Association then in effect miles, the pa -
sion of codes, laws or regulations subsequent to the sub- ties agree otherwise. No arbitration arisingouc oI cr rela -
AIA uOCLMENr 4191,Paul 2 • OWN R-Irlsle wa 1111UIR A(IFa I MEN I • FIRS! I',WON A191-1985
• AIM • ' 1 W. • Mt AN/II R1(AN.INSiIIe11E()FAR(I II II( IS,I-II,NEW YORK—WI N(JI. _
N W..WA`I U NitON,I>( 2000” PART 2-PAGE 7
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ing to this Part 2 shall include,by consolidation or joinder of their work. The Design/Builder shall incorporate and
or in any other manner,an additional person not a party to coordinate the Design/Builder's Work with work of the
Part 2 except by written consent containing specific refer- Owner's separate contractors as required by the Contrail
ence to Part 2 and signed by the Owner, Design/Builder Documents.
and ami other person sought to be joined. Consent to 11.5.3 Costs caused by defective or ill-timed work shall he
arbitration involving an additional person or persons borne by the party responsible.
shall not constitute consent to arbitration of a dispute not
described or with a person not named therein.This provi- 11.6 CLAIMS FOR DAMAGES
sion shall be specifically enforceable in any court of corm 11.6.1 Should either party to Part 2 suffer injury(rntamag(
petent jurisdiction. to person or property because of an act or omi;sloe of the
10.2 Notice of demand for arbitration shall be filed in other party, the other party's employees or agents or an
writing with the other party to this Part 2 and with the other for whose acts the other party is legally liable, claim
American Arbitration Association. the demand shall be shall be made in writing to the other party within a reason
made within a reasonable time after the claim,dispute Or able time after such injury or damage is or shr mid halt
other matter in question has arisen. In no event shall the been first observed.
demand for arbitration be made after the date when the
applicaPie statute of limitations would bar institution of a 11.7 INDEMNIFICATION
legal or equitable proceeding based on such claim, dis-
pute or other matter in question. 11.7.1 To the fullest extent permitted by law, he Design
10.3 Tug award rendered by arbitrators shall be final, Builder shall indemnify and hold harmless the Owner and
and judgment may be entered upon it in accordance with the r bcs consultants subcontractors, and sub-subcontractors,crate s aeons any nt
applicmile law in any court having jurisdiction. their esfmandagainstdmage ,genie and em-
ployees from and against claims, damages, losses and e•i-
10.4 Unless otherwise agreed in writing, the Design/ penses, including but not limited to attorneys' leas. arisine
Builder shall carry on the Work and maintain its progress out of or resulting from performance of the Work These
during any arbitration proceedings, and the Owner shall indemnification obligations shall be limited to: lades,clam
continue to make payments to the Design/Builder in ac- ages, losses or expenses 11) that are attributab-e to hodih
cordance with the Contract Documents. injury,sickness,disease or death,or to injury tr-cr(lesirur 10.5 This Article 10 shall survive completion or termina- lion of tangible property(other than the Work it.olt) nclu(I-
lion of Part 2. ing loss of use resulting therefrom, and 12/ in I n- extent
such claims, damages, losses or expenses ate ar.sed In
ARTICLE 11 whole or in part by negligent acts or omisslo is of tin
Design/Builder, the Design/Builder's contractor., Inyono
MISCELLANEOUS PROVISIONS directly or indirectly employed by either or airyr:ne Ic t
11.1 This Part 2 shall be governed by the law of the place whose acts either may be liable, regardless of her her (=t
not they are caused in part by a party McMillin eil hem
where the Work is located.
under. Such obligation shall not he construed I legate
11.2 Tne table of contents and the headings of articles and abridge or otherwise reduce other rights or obli;alionsot
paragraphs are for convenience only and shall not modify indemnity which would otherwise exist as Ir' party ( t
rights and obligations created by this Part 2. person described in this Paragraph 11.?.
11.3 In case a provision of Part 2 is held to he invalid, 11.7.2 In claims against the Owner or its ton urtai its an I
illegal c r unenforceable, the validity, legality and enforce- its contractors, any of their subcontractor,, sub-sul -
ability of the remaining provisions shall not be affected. contractors, agents or employees by an enrol,mire of th
11.4 SUBCONTRACTS Design/Builder, its contractors, anyone direr II, ,.r Ind-
rectly employed by them or anyone for whose a( rs the,
11.4.1 The Design/Builder, as soon as practicable after may be liable, the indemnification obligation a neer this
exec ution of Part 2,shall furnish to the Owner in writing the Paragraph 11.7 shall not be limited by a Gnulaton or
names if the persons or entities the Design/Builder will amount or type of damages,compensation nrb i,e'rt-,pa'-
engage as contractors for the Project. able by or for the Design/Builder, or a Desipr'B iilder
11.4.2 Nothing contained in the Design/Builder Contract contractor, under workers' or workmen's compensation
Doc Doc um2nts shall create a professional obligation or con- acts, disability benefit acts or other employee l encl'n act,-
tractual relationship between the Owner and any third
party. 11.8 SUCCESSORS AND ASSIGNS
11.5 WORK BY OWNER OR OWNER'S CONTRACTORS 11.8.1 This Part 2 shall be binding on success( a, , ssign-,
and legal representatives of and persons in privity )I coti-
11.5.1 The Owner reserves the right to pertorni work re- tract with the Owner or Design/Builder. Neither party shall
lated to, but not part of, the Project and to award separate assign, sublet or transfer an interest in Part 2 w-thr hit the
contracts in connection with other work at the site. If the written consent of the other.
Design/Builder claims that delay or additional i ost is in-
volved aecause of such action by the Owner, the Design/ 11.8.2 This Paragraph 11.8 shall survive con-4)100w or to-
Builder shall make such claims as provided in Sub- mination of Part 2.
paragraph 11.6. 11.9 In case of termination of the Architect, he Design.
11.5.2 The Design/Builder shall afford the Owner's sepa- Builder shall provide the services of another Ian sully lie
rate co)tractors reasonable opportunity for introduction tensed person or entity against whom the Owner makes nu
and std'age of their materials and equipment for execution reasonable objection.
A191-1985 AIA DOCUMENT A191,Part 2 • OWNER-DI SIGNBUILntk A(:RI I Mr NI • FRS tool['N
• AIA" • r'190.5 • IIIEAMERICAN INSTIn1TI Ot AR(Hill(l,. G.Il NO' F Ai -WI NI I.
PART 2-PAGE 8 N W,WASHING ION, D.c.10006
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11.10 EXTENT OF AGREEMENT written notice and, after an additional seven days, the
11.10.1 Part 2 represents the entire agreement between Owner may without prejudice to any other remedy make
the Owner and Design/Builder and supersedes Part 1 and good such deficiencies and may deduct the cost thereof
prior negotiations, representations or agreements. Part 2 from the payment due the Design/Builder or,at the Owner's
may be amended only by written instrument signed by both option, may terminate the employment of the Design/
Owner and Design/Builder. Builder and take possession of the site and of all materials,
equipment, tools and construction equipment and ARTICLE 12 ma-
chinery thereon owned by the Design/Builder and finish
the Work by whatever method the Owner may deem expe-
TERMINATION OF THE AGREEMENT dient. If the unpaid balance of the contract sum exceeds
the expense of finishing the Work, the excess shall be paid
12.1 TERMINATION BY THE OWNER to the Design/Builder, but if the expense exceeds the un-
12.1.1 This Part 2 may be terminated by the Owner upon paid balance,the Design/Builder shall pay the difference to
fourteen days' written notice to the Design/Builder in the the Owner.
event that the Project is abandoned. If such termination
occurs, the Owner shall pay the Design/Builder for Work 12.2 TERMINATION BY THE DESIGN/BUILDER
completed and for proven loss sustained upon materials, 12.2.1 If the Owner fails to make payment when due, the
equipment, tools, and constru(tion equipment and ma- Design/Builder may give written notice of the Design/Build-
chinely, including reasonable profit and applicable or's intention to terminate Part 2. If the Design.Builder fails
damages. to receive payment within seven days after ref eipt of such
12.1.2 If the Design/Builder defaults or persistently fails or notice by the Owner,the Design/Builder may give a second
neglects to carry out the Work in accordance with the written notice and,seven days after receipt of wch second
Contract Documents or fails to perform the provisions of written notice by the Owner, may terminate Part 2 and
Part 2, the Owner may give written notice that the Owner recover from the Owner payment for Work ewcuted and
intend; to terminate Part 2. If the Design/Builder fails to for proven losses sustained upon materials, equipment,
correc the defaults, failure or neglect within seven days tools,and construction equipment and machinery, includ-
afte_r being given notice,the Owner may then give a second ing reasonable profit and applicable damages.
AIA DOCUMENT A191,Part 2 • OWNER-DEIGN/BUILDER ACREEMWT • FIRST EDITION A191-19855
• AR' • .x1985 • MI AMERICAN INS III TI.01 ARCIHII E(IS,I 73 NEWYORKAVENUE,
N.w_WASHING ION, D.C. 20006 FART 2-PAGE 9
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
ARTICLE 13
BASIS OF COMPENSATION
The Owner shall compensate the Design/Builder in accordance with Article 5,Payments,and the other provisions of this Pan
2 as described below.
13.1 COMPENSATION
13.1.1 FOR BASIC SERVICES,as described in Paragraphs 2.2.2 through 2.2.17,and for any other services included it Arrlc le��
as part of Basic Services, Basic Compensation shall be as follows:
Per proposal dated June 1 , 2000 - 6 pages
13.2 REIMBURSABLE EXPENSES
13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and im'.ude actual
expenditures made by the Design/Builder in the interest of the Project for the expenses listed as follow.:
For all items not identified in proposal, the compensation shaLL
be the cost of the items not identified in the proposal plus 13 %
13.2.2 FOR REIMBURSABLE EXPENSES, compensation shall be a multiple of fifteen % ( 1 5%) times die amounts
expended.
13.3 INTEREST PAYMENTS
13.3.1 the rate of interest for past due payments shall be as follows:
!Usury laws and requirements under the federal Truth in Lending A(t,similar state and local consumer credit laws and other i eg ulai ion s of lb, Owner,
and Design/Builder's principal places of business, of the location of the Project and elsewhere may affect the validity of this provision .pc itic lei;-i
advice should be obtained with respect to deletion, modification or of her requirements, such as written disclosures or wavers.)
12 % per anum on all invoices 30 days past due
A191-1985 AIA DOCUMENT A191,Part 2 • OWNER-DESIGN/BUILDER AGKELMFN1 • FIRS, tom(ix
• AIM • ti19iis • 1I-IF AMERICAN INSTITUTF OF ARCHITECTS,I71r,NM Vg IRI.AVENLI
PART 2-PAGE 10 N.W.,WASHINGTON, D.C.20D05
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
ARTICLE 14
OTHER PROVISIONS
14.1 The Basic Services to be performed shall be commenced on June 10, 2000 and, subject 10 authorized
adjustments and to delays not caused by the Design/Builder, Substantial Completion shall he a( hieved
in 200 ( ) calendar days.
14.2 The Basic Services beyond those described in Article 2 are:
All items as described in Proposal dated June 1 , 2000
14.3 The Design/Builder shall submit an Application for Payment on the 25th of each month
14.4 The Design/Builder's Proposal includes:
(List below:this Part?,Supplementary and other(onditions,the drawings,the specifications,and Modifications,showing page or sh.:(fl'urn ers in dl
cases and dates where applicable to define the scope of Work.)
All items as described in proposal dated June1 , 2000
This Part 2 entered into as of the day and year first written above.
OWNER DESIGN/BUILDER
Weld County Board of Commissioners
915 10th Street, Greeley, CO 80631 kJ#1 ? e,i?.g2lt,. ,
I
Barbara J. Kirkmeyer, ;hair (06/19/2000)
BY„t Yf>i:_tt i(2 ,/ /'1_ / ' 4/A,-_`4, �- BY _�1 C,1�.�1 .u44.t,u" — --
r ', CAUTI•N: You should si n an original AlllA document which has this caution printt.t i i rec.
' An on-i al a es a c nges bscured as may occur when documents are r e u ot,lucec
► e / '.S - �L ' �\
ATTEST: �''''�����/!!! - . Siilh"
Clerk to the Board`- \--- li
yp Is. l` t1. y: __
B5r / /.L V r - L 11 n
Deputy Clerk to the Boa t A, f
0071 1` %
MA DOCUMENT 4191,Part 2 • OWNER.DESIGWaUILDER AGRELMI N I • FIRS) EDITION A191-1985
• NA* • .01985 • MI:AMI RI(AN INS1II UTI Of AR(HITECrS,1735 NI W YORK AVLNIJI,
NW..,IAASIIING LON. D.C.2000(, PART 2-PAGE 11
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
1
A PROPOSAL FOR:
A NEW GRADER BUILDING AND SAND SHED
WELD COUNTY GOVERNMENT
4414411.44%
"""",:',:!::::::::::::::!::::::::::::::::BuildersI
3812 Carson Avs
Evans, Colorado 80620
970-330-8855
<BUTLER>
JUNE 1, 2000
1
4akdacaak Buiice"s
Weld County Governmet
Ft Lupton Grader and Sand Building;
DIVISION I -GENERAL
A.) Engineering Services_Contractor shall provide the Owner with drawings for the
enclosed scope of work, as listed below:
Topography
Site and grading plan
Stamped foundation drawings
Building plan, floor plan, elevation views and construction details.
HVAC drawings
Electrical and plumbing drawings.
B.) Staking and Surveying:_It shall be the Owner's responsibility to provide the
contractor with property/plat stakes and proper markings showing property limits and
known utilities. When grading and excavation is required, the contractor shall have the
utilities located by the proper authorities.
C.) Insurance: Landmark Builders, Inc. shall maintain proper Builders Risk insurance for
the duration of the project. Landmark Builders, Inc. maintains $1,000,000 business
liability and $2,000,000 general aggregate insurance policies overall plus builder's risk
insurance per the amount of the contract. Such insurance will cover acts, omissions, and
negligence, if any, of Landmark Builders, its employees and agents only.
D.) Tem _my_facilities The Contractor shall provide the following temporary facilities
as required for the enclosed scope of work:
-Porta-johns
-Dumpster
-Temporary utilities
E.) Cleanup_Contractor shall maintain a safe, clean and organized project site. Trash shall
be picked up and properly disposed of during each phase of the construction project. All
surplus-building materials shall be the property of the contractor unless other
arrangements have been made.
F.) Temporary Protection. Barricades, barriers, warning and protective devices for
pedestrians, vehicular traffic and existing buildings as required by governing codes, shall
be installed by the Contractor.
G.) Allowances_An allowance shall be defined as an estimate of the costs associated with
a project item as detailed in the specifications. When the final costs of that particular item
are less than the stated allowance, the difference shall be refunded to the owner. When the
final costs, of that particular item, exceeds the stated allowance, the Owner shall pay the
Contractor the difference plus standard markup of 15%..
3
4aadaaaa Buclrlers
Weld County Government
Ft Lupton Grader and Sand Building
H.) Certificate of Occupancy: Contractor shall assist the Owner with securing a certificate
of occupancy for the enclosed scope of work.
DIVISION 2 -SITEWORK
A.) Grading By Weld County
B. ) Paving By Weld County if required
C.) Exterior Concrete Based upon a 4' x 90' outside apron on the door side of the Grader
building.
D.) Exterior Utilities: Water, and sewer line extensions have been included. Cost of electrical
transformer is included as an allowance of$17,358. Water line has been included with an
allowance of $33,300. Septic system with sand trap (because of the floor drain requirement) has
been included with a allowance of$14,000. Water tap has been included at $18,600.
E.) Landscaping; None included
DIVISION 3 -CONCRETE
A.) Concrete: kcirader Shed) The building will be erected upon an engineered
foundation with concrete piers, footings and grade beams as required. The 6" slab will
have a 3,000 psi (28day) compressive strength and fiber mesh for reinforcement. All
footings and piers shall be designed by a licensed professional engineer and a stamped set
of foundation drawings shall be provided. Under slab gravel material and placement shall
be by Weld County.
The sand storage building will be erected upon an engineered foundation with concrete
piers, footings and grade beams as required. This building will have an earth floor with the
county to asphalt floor in this building.
DIVISION 5 -METALS
A.) Pipe Bollards_. 6" diameter metal pipe bollards have been in front of the overhead
door on the east side of the building. The pipe bollards shall be filled, capped and
primered.
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
A.) Metal Building Insulation: The walls and roof shall 4" thick vinyl backed fiberglass
insulation. The walls will be 3". This matches the insulation system at the Public Works
Service Center
4
1anduatk l3uii(ter'
Weld County Government
Ft Lupton Grader and Sand Buildi: s
DIVISION 8 -DOORS AND V1 INDOW S
A.) Overhead Doors: Three (3) 20'X 14' sectional, insulated, overhead doors with
standard headroom hardware. These doors will be Raynor Tricore to match the doors at
the Weld County Service Center
B.) Walk Door: Two (2) 3070 hollow metal doors with lever handle hardware have been
included in this proposal.
DIVISION 9 -FINISHES
A.) Framirg_One office totaling approximately 120 SF, one (1) 8' X 8' rest room to
accommodate handicap accessibility,
B.) Flooring__The fmished areas shall have concrete floors sealed with acrylic sealer with
4" base installed around the perimeter.
C.) Framed walls The framed walls of the offices and rest rooms shall be finished with
type "X"sheetrock taped, bedded and painted (2 coats of paint). D.) Ceiling: The ceiling
in the office areas shall be a suspended grid type ceiling or if the deck option is selected
the ceiling will be drywall.
DIVISION 13 -SPECIAL CONSTRUCTION
A.) Pre-Engineered Metal Building: (Grader Shed) A Butler LRF, pre-engineered metal
building system, 50' wide X 90' long X 17' eave height. (Sand Storage) A butler 50' x
60' x 23' building (20' clear) with one open endwall.
B) '/z l2" roof slope and tapered sidewall columns and roof beams has been proposed.
The building will be designed according to the 1997 UBC with a reducible roof live load,
30 psf ground snow load, 85 mph wind load, MBMA Wind exposure and a seismic zone
of 1. The roof is 26 Ga.Butlerib, Galvalume finished with Butler Shadow Wall walls
panels. The buildings have standard "X" bracing in the sidewalls with one wind post in the
grader shed to allow sidewall doors in all bays. The grader building will have 190 LF of
29 Ga., 7'6" white metal liner panel installed in the shop area.
DIVISION 15 -MECHANICAL
A.) Plumbing. Plumbing for one restroom has been included in this proposal. The
restroom shall have a total of one (1) handicap toilets, one (1) handicap lavatory, one (I)
floor drain one (1) urinal and one (I) 10 gallon electric water heater. All water and sewer
lines connected to the sand trap and septic system.
B.) FIVAC__Labor and materials to furnish and install (in warehouse), four (4) 100,000
btu infra-red tube heaters with thermostats and flues. The office are will have electric heat.
Iaaedsaak Buiide!�
Weld County Government
Ft Lupton Grader and Sand Buildi p•
DIVISION 16 -ELECTRICAL
A.) Electrical: Wiring of the new grader to include a 200 amp 120/208 3 phase main
service disconnect with a 30 circuit breaker panel :
6 400 watt MH to-bay lights
2 50 Amp 208V outlets
3 Wiring for 3 infra-red heaters
3 Wiring for 3 overhead door operators
1 Bath fans
6 Duplex receptacles in shop GEI protected
1 GFI receptacle in bathroom
1 2 tube fluorescent fixture for bathroom
2 2 tube fluorescent fixture for office
1 Electric Baseboard heat for restroom
4 120 volt duplex outlet for office
3 75 Watt HPS wall packs on the door side of the sand shed
2 125 Watt HPS wall packs on each end of grader shed
Wiring of the new sand storage shed:
Underground service extended from grader shed to the sand shed
2 2 interior 400 wall MII Hi-Bay light fixtures
1 Exterior 250 Watt HPS wall pack
1 110V duplex outlet near panel
Project Price: $ 289,170
Please note that$83,258 of this amount is for water, sewer, and electrical.
If a storage deck is desired above the office and bathroom area is desired add $4680.
Includes wood stars and hand rail - this requires a 125 psf loading for light storage
Exclusions:
1.) Earth work to be completed by Weld County.
2) Asphalt floor in sand storage building by Weld County
3. ) Landscaping or Road Areas by Weld County
4.) Fire sprinkler system is not included due to lack of water and has been approved by the
Fort Lupton Fire District Fire Marshall.
5) Sub Floor Gravel by Weld County
6) We are assuming that propane will be the heat source— propane supply by Weld
County
7) Telephone system
6
Jakd aaa lit lice}
Weld County Government
Ft Lupton Grader and Sand Buildings
Notes: All material is guaranteed to be as specified. All work to be completed in a
workmanlike manner according to standard practices. Any alteration or deviation from
above specifications, involving extra or reduced costs, will be executed only upon writ en
orders, and will become an extra or reduction. All agreements contingent upon strikes,
accidents, or delays beyond our control. Payment schedule would be progress billings
approximately the 25th of each month, with payment due by the 10`h of the following
month.
Respectfully Submitted,
Dennis Wernsman
�aa wes/4 Builders of Greeley Inc
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