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Home My WebLink About941255.tiff RESOLUTION RE: APPROVE AGREEMENTWITH-R LA.S. BUILDERS, INC.AND AUTHORIZE CHAIRMAN TO SIGN 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 an Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center, and R.A.S. Builders, Inc., 180 E. Hampden Avenue, Suite 201, Englewood, Colorado 80110, commencing December 5, 1994, and ending three weeks later, 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 Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center, and R.A.S. Builders, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 much, 14th day of December, A.D., 1994, nunc pro tunc December 5, 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNT�,COLORADO Weld County Clerk to the Board - 'L J � L�it 7 W. H.H. Webster, Chairm n (/ . BY: . ??../Life— , 4r,c. r1? �' ,2_, Deputy Clerk to the Board 1 Dale K. Hall, Pro-Tem APP D AS TO FORM: -, George E. Baxter County Attorney --i-'—� . stance L. r �`'��t� Co stance Harbert arbara J. Kirkm er p Kr -) 941255 (51 CM0008 LC •` CM] Ras R.A.S. Builders, Inc. 180 E. Baapden t201 Englewood, Co. Description Grlytowr county rd. 16 & 1? Fredrick Weld county CO Client Greeley Police Dept, Greeley CO 13031350-9873 Estimator iil Job size 180 sf Duration 5 wks Rate table coiorado Audit Dimensional Report hours xanhours Report format Phase summary Combine items Round quantities 941255 Z.A.S. BUILDERS. INC, Estimating Plus_StandArA_RePnrt._ 1.1-22-94- We 1 Grlytowr I;16 pm LABOR NATRL SUB EQUIP OTHER TOTAL PHASE DESCRIPTION PHASE QTY AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT 1.000 GEN CONDITIONS 1.001 General Conditions 3.500 9,500 GEN CONDITIONS 9.500 3,500 2.000 SITEWORK 2.001 Sitework Sub etc 965 965 2,200 Demolition 175 175 SITEWORK 1,140 1.140 3.000 CONCRETE 3,188 Concete Flatwork 505 505 CONCRETE 505 505 4.000 MASONRY 4,100 Brickwork Sub 4.928 4,928 MASONRY 4.328 4,928 6.000 CARPENTRY 6.100 Rough Carpentry 600 600 6.110 Lumber 317 317 CARPENTR➢ 600 317 917 7.000 NATBRPRF & INSUL 7.100 Built Up Roofing 1.280 1.280 AATERPRF 1 INSUL 1.280 1,280 8.000 DOORS A WINDOWS 8.100 Metal Doors etc 40 750 990 941255 R.A.S. BUILDERS. INC, Estimating Plus Standard Report 11-22-94 Page 2 Grlytowr 1:16 pa LABOR NATRL SUB EQUIP OTHER TOTAL PHASE DESCRIPTION PHASE QTY AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT DOORS d WINDOWS 40 150 790 Labor hrs: 4.00 9.000 FINISHES 9.940 Paint-Caulk-VWC 450 450 FINISHES 450 450 15.000 MECHANICAL 15.500 HVAC 525 525 MECHANICAL 525 525 16.000 ELECTRICAL 16.001 Electrical 2,595 2.595 ELECTRICAL 2.595 2.595 941255 R.A.S. BUILDERS, INC, Estimating Plus Standard Report 11-22-94 Page 3 Grlytowr 1:16 pa ESTIMATE TOTALS 640 Labor 4.00 hrs 1.067 Material 11.423 Subcontractor 9.500 Other 22,630 2.263 OVERHEAD AND PROFIT T 10.00000% 24.893 TOTAL ESTIMATE 138.29/sf 941255 Date: November 11 , 1994 To: Sargeant Duley-Greeley Police Department From: Jeff Lindsay-R.A.S. Builders, Inc. Re: Regional Communication Tower-Transmitter Room Addition Dear Sargeant Duley, Attached is our proposal for the addition on to the KZDG transmitter building. We have made the following assumption in preparing our bid: 1 . The electrical service will be split with a separate 10O amp service for the new building. We have included only 40 feet of wire to the new service. 2 . There will be approximately 20 electrical outlets throughout the new building. 3 . We figured the masonry to a height of loft. 4. We figured a plywood and joist roof with a mechanically attached roofing system. 5. Painting will be outside only. 6. One blockout will be left for a electric HVAC unit. 7. A small , self contained, window cooler is included. 8. Two new louvered doors are included. Should you have any questions feel free to contact me at any time . Sincerely, R.A.S. Builders, Inc J ff Lindsay Estimator JL/jl 941255 T H E AMERICA INSTITUTE i F ARCHITECTS `�,�1ltillj AIA Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the FIFTH day of DECEMBER in the year of Nineteen Hundred and NINETY-FOUR BETWEEN the Owner: WELD COUNTY GOVERNMENT (Name and address) DIRECTOR OF GENERAL SERVICES P.O. BOX 758 GREELEY, COLORADO- 80632 and the Contractor: R.A.S. BUILDERS, INC. (Name and address) 180 E. HAMDPEN AVE. , SUITE 201 ENGLEWOOD, COLORADO 80110 The Project is: TRANSMIrill( BUILDING ADDITION (Name and location) COUNTY ROAD 16 AND 17 WELD COUNTY GREELEY, COLORADO The Architect is: N/A (Name and address) The Owner and Contractor agree as set forth below. Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington,D.C.20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. ALA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 941255 ARTICLE 1 - THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to pro- ceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable,state that the date wilt be fixed in a notice to proceed) MONDAY, DECEMBER 5, 1994. 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of certain por- tions of the Work if not stated elsewhere in the Contract Documents.) THREE (3) WEEKS FROM START DATE. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time.) ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of TWENTY—FOUR THOUSAND EIGHT HUNDRED NINETY—THREE Dollars (s 24,893.00 ), subject to additions and deductions as provided in the Contract Documents. MA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•MAI •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 2 941255 3.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.Ifdecisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid) • 3.3 Unit prices, if any, are as follows: ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and else- where in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 90% PAYMENT AT TIME OF SUBSTANTIAL COMPLETION. 4.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) EIGHTEEN PERCENT PER YEAR. IN THE EVENT PAYMENTS ARE DELAYED PER THE PAYMENT SCHEDULE IN ARTICLE 18, THE OWNER WILL REIMBURSE THE CCNTRACIOR FOR INTEREST AT THE RATE OF 18% PER YEAR. GIJNE' R AGREES-TO-REIMBURSE C.r-NTRACMR FOR ANY AND AT T -TLEGAL-EMS-OR EXPENSES- NECESSARY FOR THE COLLECTION OF ANY PAST DUE MONIES OWED TO CCNTRAC.LUR. • (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business,the location of the Project and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) AIA DOCUMENT Al 07•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107..1 S3 2tC ARTICLE 5 FINAL PAYMENT 5.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor,AIA Document A107, 1987 Edition. 6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated ,and are as follows: Document Title Pages 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages AMA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20006 A107-1987 4 941255 6.1.4 The Drawings are as follows,and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date • 6.1.5 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6. 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (List any additional documents which are intended to form pan of the Contract Documents.) ATTACHMENT "1 ". AM DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA5 •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 5 941255 GENERAL CONDITIONS • ARTICLE 7 ARTICLE 9 CONTRACT DOCUMENTS CONTRACTOR 7.1 The Contract Documents consist of this Agreement with 9.1 The Contractor shall supervise and direct the Work, using Conditions of the Contract(General,Supplementary and other the Contractor's best skill and attention. The Contractor shall Conditions), Drawings, Specifications, addenda issued prior to be solely responsible for and have control over construction the execution of this Agreement,other documents listed in this means, methods, techniques, sequences and procedures and Agreement and Modifications issued after execution of this for coordinating all portions of the Work under the Contract, Agreement.The intent of the Contract Documents is to include unless Contract Documents give other specific instructions all items necessary for the proper execution and completion of concerning these matters. the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as bind- 9.2 Unless otherwise provided in the Contract Documents,the ing as if required by all;performance by the Contractor shall be Contractor shall provide and pay for labor, materials, equip- required only to the extent consistent with the Contract Docu- ment, tools, construction equipment and machinery, water, ments and reasonably inferable from them as being necessary heat, utilities, transportation, and other facilities and services to produce the intended results. necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not 7.2 The Contract Documents shall not be construed to create a incorporated or to be incorporated in the Work. contractual relationship of any kind (1)between the Architect 9.3 The Contractor shall enforce strict discipline and good and Contractor,(2)between the Owner and a Subcontractor or order among the Contractor's employees and other persons Sub-subcontractor or(3)between any persons or entities other carrying out the Contract. The Contractor shall not permit than the Owner and Contractor. employment of unfit persons or persons not skilled in tasks assigned to them. 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- 9.4 The Contractor warrants to the Owner and Architect that iar with the local conditions under which the Work is to be materials and equipment furnished under the Contract will be performed. of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free 7.4 The term "Work" means the construction and services from defects not inherent in the quality required or permitted, required by the Contract Documents, whether completed or and that the Work will conform with the requirements of the partially completed, and includes all other labor, materials, Contract Documents. Work not conforming to these require- equipment and services provided or to be provided by the merits, including substitutions not properly approved and Contractor to fulfill the Contractor's obligations. The Work authorized, may be considered defective. The Contractor's may constitute the whole or a part of the Project. warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind ARTICLE 8 and quality of materials and equipment. OWNER 9.5 Unless otherwise provided in the Contract Documents,the Contractor shall pay sales, consumer, use, and other similar 8.1 The Owner shall furnish surveys and a legal description of taxes which are legally enacted when bids are received or nego- the site. tiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the 8.2 Except for permits and fees which are the responsibility of building permit and other permits and governmental fees, the Contractor under the Contract Documents,the Owner shall licenses and inspections necessary for proper execution and secure and pay for necessary approvals,easements,assessments completion of the Work. and charges required for the construction,use or occupancy of 9.6 The Contractor shall comply with and give notices permanent structures or permanent changes in existing facilities. required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the 8.3 If the Contractor fails to correct Work which is not in Work. The Contractor shall promptly notify the Architect and accordance with the requirements of the Contract Documents Owner if the Drawings and Specifications are observed by the or persistently fails to carry out the Work in accordance with Contractor to be at variance therewith. the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work,or any portion thereof, 9.7 The Contractor shall be responsible to the Owner for the until the cause for such order has been eliminated; however, acts and omissions of the Contractor's employees,Subcontrac- the right of the Owner to stop the Work shall not give rise to a tors and their agents and employees, and other persons per- duty on the part of the Owner to exercise this right for the forming portions of the Work under a contract with the benefit of the Contractor or any other person or entity. Contractor. AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA'• •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 A107-1987 6 941255 9.8 The Contractor shall review, approve and submit to the ARTICLE 10 Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- ADMINISTRATION OF THE CONTRACT able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- 10.1 The Architect will provide administration of the Contract formance criteria of materials,systems or equipment is required and will be the Owner's representative(1)during construction, by the Contract Documents, the Architect shall be entitled to (2)until final payment is due and(3)with the Owner's concur- rely upon the accuracy and completeness of such certifications. rence,from time to time during the correction period described in_Paragraph-18.1. 9.9-The Contractor shall keep the premises and surrounding 10.2 The Architect will visit the site at intervals appropriate to area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the the stage of construction to become generally familiar with the Work the Contractor shall remove from and about the Project progress and quality of the completed Work and to determine waste materials, rubbish, the Contractor's tools, construction general if the Work is being performed in a manner indicat- ing that the Work,when completed,will be in accordance with equipment, machinery and surplus materials. the Contract Documents. However, the Architect will not be 9.10 The Contractor shall provide the Owner and Architect required to make exhaustive or continuous on-site inspections access to the Work in preparation and progress wherever to check quality or quantity of the Work. On the basis of on- located. site observations as an architect, the Architect will keep the Owner informed vor to 9.11 The Contractor shall pay all royalties and license fees; guard the Owner against [defects and deficiencies in the Work. Work. shall defend suits or claims for infringement of patent rights and 10.3 The Architect will not have control over or charge of and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a ` ill not be responsible for construction means,methods, tech- particular design, process or product of a particular manufac- niques, sequences or procedures,or for safety precautions and turer or manufacturers is required by the Contract Documents programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraphs 9.1 unless the Contractor has reason to believe that there is an infringement of patent. and 16.1.The Architect will not be responsible for the Contrac- tor's failure to carry out the Work in accordance with the Con- 9.12 To the fullest extent permitted by law, the Contractor tract Documents. shall indemnify and hold harmless the Owner,Architect,Archi- 10.4 Based on the Architect's observations and evaluations of tea's consultants, and agents and employees of any of them the Contractor's Applications for Payment, the Architect will from and against claims, damages, losses and expenses, includ- review and certify the amounts due the Contractor and will ing but not limited to attorneys' fees,arising out of or resulting issue Certificates for Payment in such amounts. from performance of the Work,provided that such claim,dam- age, loss or expense is attributable to bodily injury, sickness, 10.5 The_Architecr will.interpret and decide-matters concern=disease or death,or to injury to or destruction of tangible prop- ing performance under and requirements of the Contract Docu- erty(other than the Work itself)including loss of use resulting ments on written request of either the Owner or Contractor. therefrom,but only to the extent caused in whole or in part by The Architect will make initial decisions on all claims, disputes negligent acts or omissions of the Contractor, a Subcontractor, or other matters in question between the Owner and Contrac- anyone directly or indirectly employed by them or anyone for tor, but will not be liable for results of any interpretations or whose acts they may be liable, regardless of whether or not decisions rendered in good faith. The Architect's decisions in such claim,damage,loss or expense is caused in part by a party matters relating to aesthetic effect will be final if consistent with indemnified hereunder. Such obligation shall not be construed the intent expressed in the Contract Documents.All other deci- to negate, abridge, or reduce other rights or obligations of sions of the Architect, except those which have been waived idemnity which would otherwise exist as to a party or person by making or acceptance of final payment, shall be subject to described in this Paragraph 9.12. arbitration upon the written demand of either party. 9.12.1 In claims against any person or entity indemnified 10.6 The Architect will have authority to reject Work which under this Paragraph 9.12 by an employee of the Contractor,a does not conform to the Contract Documents. Subcontractor,anyone directly or indirectly employed by them 10.7 The Architect will review and approve or take other or anyone for whose acts they may be liable, the indemnifica- appropriate action upon the Contractor's submittals such as [ion obligation under this Paragraph 9.12 shall not be limited by Shop Drawings, Product Data and Samples, but only for the a limitation on amount or type of damages, compensation or limitedofbenefits payable by or for the Contractor or a Subcontractor gioc nand the d purpose d checking cop checking concept exp conformance exp with information under workers' or workmen's compensation acts, disability D ressed in the Contract benefit acts or other employee benefit acts. Documents. 10.8 All claims or disputes between the Contractor and the 9.12.2 The obligations of the Contractor under this Paragraph Owner arising out or relating to the Contract, or the breach 9.12 shall not extend to the liability of the Architect, the Archi- thereof, shall be decided by arbitration in accordance with the tect's consultants, and agents and employees of any of them Construction Industry Arbitration Rules of the American Arbi- arising out of(1)the preparation or approval of maps,drawings, [ration Association currently in effect unless the parties mutu- opinions, reports, surveys, Change Orders, Construction ally agree otherwise and subject to an initial presentation of the Change Directives,designs or specifications,or(2)the giving of claim or dispute to the Architect as required under Paragraph or the failure to give directions or instructions by the Architect, 10.5.Notice of the demand for arbitration shall be filed in writ- the Architect's consultants,and agents and employees of any of ing with the other party to this Agreement and with the Ameri- them provided such giving or failure to give is the primary can Arbitration Association and shall be made within a reason- cause of the injury or damage. able time after the dispute has arisen. The award rendered by 7 A107-1987 AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•Are •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20006 941255 the arbitrator or arbitrators shall be final,and judgment may be 12.3 Costs caused by delays, improperly timed activities or entered upon it in accordance with applicable law in any court defective construction shall be borne by the party responsible having jurisdiction thereof. Except by written consent of the therefor. person or entity sought to be joined, no arbitration arising out ARTICLE 13 of or relating to the Contract Documents shall include,by con- solidation,joinder or in any other manner,any person or entity CHANGES IN THE WORK not a party to the Agreement under which such arbitration arises,unless it is shown at the time the demand for arbitration 13.1 The Owner,without invalidating the Contract,may order is filed that(I)such person or entity is substantially involved in changes in the Work consisting of additions,deletions or modi- a common question of fact or law,(2)the presence of such per- fications, the Contract Sum and Contract Time being adjusted son or entity is required if complete relief is to be accorded in accordingly. Such changes in the Work shall be authorized by the arbitration, (3)the interest or responsibility of such person written Change Order signed by the Owner, Contractor and or entity in the_matter_is_not_nsubstattial,and(4)such-person- Architect; or-by-written-ConstructiotrCirange Directive signed- or entity is not the Architect or any of the Architect's by the Owner and Architect. employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to 13.2 The Contract Sum and Contract Time shall be changed arbitrate referred to hereinshall be specifically enforceable only by Change Order. under applicable law in any court having jurisdiction thereof. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 11 SUBCONTRACTS ARTICLE 14 TIME 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work 14.1 Time limits stated in the Contract Documents are of the at the site. essence of the Contract. By executing the Agreement the Con- 11.2 Unless otherwise stated in the Contract Documents or the tractor confirms that the Contract Time is a reasonable period bidding requirements, the Contractor, as soon as practicable for performing the Work. after award of the Contract, shall furnish in writing to the 14.2 The date of Substantial Completion is the date certified Owner through the Architect the names of the_Subcontrac[ors- by the-Architect-in-accordance-with Paragraph i-5.3. for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner 14.3 If the Contractor is delayed at any time in progress of the or Architect has made reasonable and timely objection. The Work by changes ordered in the Work, by labor disputes, fire, Contractor shall not be required to contract with anyone to unusual delay in deliveries, abnormal adverse weather condi- whom the Contractor has made reasonable objection. Con- tions not reasonably anticipatable, unavoidable casualties or tracts between the Contractor and Subcontractors shall (1) any causes beyond the Contractor's control,or by other causes require each Subcontractor, to the extent of the Work to be which the Architect determines may justify delay, then the performed by the Subcontractor, to be bound to the Contrac- Contract Time shall be extended by Change Order for such rea- tor by the terms of the Contract Documents, and to assume sonable time as the Architect may determine. toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes ARTICLE 15 toward the Owner and Architect, and(2)allow to the Subcon- tractor the benefit of all rights,remedies and redress afforded to PAYMENTS AND COMPLETION • the Contractor by these Contract Documents. 15.1 Payments shall be made as provided in Articles 4 and 5 of ARTICLE 12 this Agreement. CONSTRUCTION BY OWNER OR 15.2 Payments may be withheld on account of(1) defective BY SEPARATE CONTRACTORS Work not remedied, (2)claims filed by third parties, (3)failure of the Contractor to make payments properly to Subcontrac- tors or for labor, materials or equipment, (4) reasonable evi- 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, dence that the Work cannot be completed for the unpaid bal- and to award separate contracts in connection with other por- ante of the Contract Sum,(5)damage to the Owner or another tions of the Project or other construction or operations on.the contractor, (6) reasonable evidence that the Work will not be site under conditions of the contract identical or substantially completed within the Contract Time and that the unpaid dam- similar bal- to these, including those portions related to insurance ante would not be adequate to cover actual or liquidated and waiver of subrogation. If the Contractor claims that delay ages for the anticipated delay, or(th persistent failure to carry or additional cost is involved because of such action by the out the Work in accordance with the Contract Documents. Owner, the Contractor shall make such claim as provided else- 15.3 When the Architect agrees that the Work is substantially where in the Contract Documents. complete, the Architect will issue a Certificate of Substantial 12.2 The Contractor shall afford the Owner and separate con- Completion. tractors reasonable opportunity for the introduction and stor- 15.4 Final payment shall not become due until the Contractor age of their materials and equipment and performance of their has delivered to the Owner a complete release of all liens arising activities, and shall connect and coordinate the Contractor's out of this Contract or receipts in full covering all labor, mate- construction and operations with theirs as required by the Con- rials and equipment for which a lien could be filed,or a bond tract Documents. satisfactory to the Owner to indemnify the Owner against such AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 8 941255 lien. If such lien remains unsatisfied after payments are made, itself, to property which may arise out of or result from the the Contractor shall refund to the Owner all money that the Contractor's operations under the Contract, whether such Owner may be compelled to pay in discharging such lien, operations be by the Contractor or by a Subcontractor or any- including all costs and reasonable attorneys' fees. one directly or indirectly employed by any of them.This insur- 15.5 The making of final payment shall constitute a waiver of ance shall be written for not less than limits of liability specified claim55 byh ma Owner except those arising from: in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insur- .1 liens, claims, security interests or encumbrances aris- ance applicable to the Contractor's obligations under Paragraph ing out of the Contract and unsettled; 9.12. Certificates of such insurance shall be filed with the .2 failure of the Work to comply with the requirements Owner prior to the commencement of the Work. of the Contract Documents; or 3 terms of special warranties required by the Contract 17.2 The Owner shall be responsible for purchasing and main- Documents. raining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- Acceptance of final payment by the Contractor, a Subcontrac- protection against claims which may arise from operations for or material supplier shall constitute a waiver of claims by under the Contract.The Contractor shall not be responsible for that payee except those previously made in writing and identi- purchasing and maintaining this optional Owner's liability fled by that payee as unsettled at the time of fmal Application insurance unless specifically required by the Contract for Payment. Documents. 17.3 Unless otherwise provided, the Owner shall purchase ARTICLE 16 and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is PROTECTION OF PERSONS AND PROPERTY located,property insurance upon the entire Work at the site to the full insurable value thereof.This insurance shall be on an all- 16.1 The Contractor shall be responsible for initiating, main- risk policy form and shall include interests of the Owner, the [wining, and supervising all safety precautions and programs in Contractor,. Subcontractors and Sub-subcontractors in the connection with the performance of the Contract. The Con- Work and shall insure against the perils of fire and extended tractor shall take reasonable precautions for safety of, and shall coverage and physical loss or damage including,without dupli- provide reasonable protection to prevent damage,injury or loss cation of coverage, theft, vandalism and malicious mischief. to: 17.4 A loss insured under Owner's property insurance shall be .1 employees on the Work and other persons who may adjusted with the Owner and made payable to the Owner as be affected thereby; fiduciary for the insureds,as their interests may appear,subject .2 the Work and materials and equipment to be incor- to the requirements of any applicable mortgagee clause. porated therein; and 17.5 The Owner shall file a copy of each policy with the Con- .3 other property at the site or adjacent thereto. tractor before an exposure to loss may occur. Each policy shall The Contractor shall give notices and comply with applicable contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days'prior written notice has laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their been given to the Contractor. protection from damage, injury or loss. The Contractor shall 17,6 The Owner and Contractor waive all rights against each promptly remedy damage and loss to property at the site other and the Architect, Architect's consultants, separate con- caused in whole or in part by the Contractor,a Subcontractor,a tractors described in Article 12, if any, and any of their subcon- Sub-subcontractor, or anyone directly or indirectly employed tractors, sub-subcontractors, agents and employees, for dam- by any of them,or by anyone for whose acts they may be liable ages caused by fire or other perils to the extent covered by and for which the Contractor is responsible under Subpara- property insurance obtained pursuant to this Article 17 or any graphs 16.1.2 and 16.1.3,except for damage or loss attributable other property insurance applicable to the Work, except such to acts or omissions of the Owner or Architect or by anyone for rights as they may have to the proceeds of such insurance held whose acts either of them may be liable,and not attributable to by the Owner as fiduciary.The Contractor shall require similar the fault or negligence of the Contractor.The foregoing obliga- waivers in favor of the Owner and the Contractor by Subcon- tions of the Contractor are in addition to the Contractor's obl- • tractors and Sub-subcontractors. The Owner shall require simi- gations under Paragraph 9.12. tar waivers in favor of the Owner and Contractor by the Archi- tect, Architect's consultants, separate contractors described in 16.2 The Contractor shall not be required to perform without Article 12, if any, and the subcontractors, sub-subcontractors, consent any Work relating to asbestos or polychlorinated biphenyl(PCB). agents and employees of any of them. ARTICLE 17 ARTICLE 18 INSURANCE CORRECTION OF WORK 17.1 The Contractor shall purchase from and maintain in a 18.1 The Contractor shall promptly correct Work rejected by company or companies lawfully authorized to do business in the Architect or failing to conform to the requirements of the the jurisdiction in which the Project is located insurance for Contract Documents, whether observed before or after Sub- protection from claims under workers'or workmen's compen- stantial Completion and whether or not fabricated, installed or sation acts and other employee benefit acts which are applic- completed, and shall correct any Work found to be not in able, claims for damages because of bodily injury, including accordance with the requirements of the Contract Documents death, and from claims for damages, other than to the Work within a period of one year from the date of Substantial Com- B A107-1987 AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 941255 pletion of the Contract or by terms of an applicable special war- ARTICLE 20 ranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. TERMINATION OF THE CONTRACT 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu- 20.1 If the Architect fails to recommend payment for a period ments-- Establishment of the time-period- of-one- year as of-30-day,- through-no-fault-of the Contractor,or if the Owner described in Paragraph 18.1 relates only to the specific obliga- fails to make payment thereon for a period of 30 days,the Con- tion of the Contractor to correct the Work,and has no relation- tractor may, upon seven additional days' written notice to the ship to the tune within which the obligation to comply with the Owner and the Architect, terminate the Contract and recover Contract Documents may be sought to be enforced,nor to the from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construe- time within which proceedings may be commenced to estab- lish the Contractor's liability with respect to the Contractor's Lion equipment and machinery,including reasonable overhead, obligations other than specifically to correct the Work. profit and damages applicable to the Project. ARTICLE 19 MISCELLANEOUS PROVISIONS 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract, the 19.1 The Contract shall be governed by the law of the place where the Project is located. Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, 19.2 As between the Owner and the Contractor, any appli- may make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's services cable statute of limitations shall commence to run and any and expenses made necessary thereby, from the payment then alleged cause of action shall be deemed to have accrued: .1 not later than the date of Substantial Completion for or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by the Architect that sufficient acts or failures to act occurring prior to the relevant cause exists to justify such action,the Owner may terminate the date of Substantial Completion; .2 not later than the date of issuance of the f fiinal Certnl- Contract and take possession of the site and of all materials, care for Payment for acts or failures to a al Cerro equipment, tools, and construction equipment and machinery g thereon owned by the Contractor and may finish the Work by subsequent to the relevant date of Substantial Com- whatever method the Owner may deem expedient. If the pletion and prior to issuance of the final Certificate for unpaid balance of the Contract Sum exceeds costs of finishing Payment; and the Work, including compensation for the Architect's services .3 not later than the date of the relevant act or failure to and expenses made necessary thereby, such excess shall be act by the Contractor for acts or failures to act occur- paid to the Contractor, but if such costs exceed such unpaid ring after the date of the final Certificate for Payment. balance, the Contractor shall spay.the difference to the Owner; AIA DOCUMENT A107•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•Ale •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 10 941255 ARTICLE 21 OTHER CONDITIONS OR PROVISIONS • • This Agreement entered into as of the day and year first written above. OWNER WELD COUNTY GOVERNMENT CONTRACTOR R.A.S. BUILDERS, INC. Ill/ '119)1221Lel in) 49 (Signature) 12/19/94 (Signature) W. H. Webster, Chairman Weld County Board of Commissioners M.W. BROWN, VICE PRESIDENT (Printed name and title) (Printed name and title) AM DOCUMENT A101•ABBREVIATED OWNER-CONTRACTOR AGREEMENT•NINTH EDITION•AIA® •©1987 11 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 10/87 941255 Hello