HomeMy WebLinkAbout620104.tiffAUTHORIZING CHAIRMAN TO SIGN AGREEMENT WITH
CLAUDE A. NASH, ARCHITECT:
WHEREAS, a contract has been submitted by Claude A. Nash, Architect,
Greeley, Colorado, providing professional services in connection with the
building of the new Meetings Exhibit Building at Island Grove Park; and
WHEREAS, after due consideration, the Board believes it to be in
the best interest of the county to sign such contract and agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Board of County
Commissioners, Weld County, Colorado, be and he is hereby authorized to sign the
aforementioned contract and agreement, attached and made a part of this resolution.
The above and foregoing resolution was, on motion du y,made an
adopted by the following vote:
E BOARD OF COUN1Y COMMISSIONER
WELD COUNTY, COLOFrAD0
DATED: NOVEMBER 28, 1962
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conded,
620104
A.I.A. DOCUMENT NO. B-121
1961 Edition
A STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ARCHITECT
Issued by The
Copyright 1948 -
American Institute of Architects for use when a percentage of the
payment, and engineers' fees are included in the architect's
1951-1958 cQ 1961 by The American Institute of Architects, 1735 New
cost of the work forms the basis of
compensation.
York Ave., N.W., Washington 6, D. C.
THIS AGREEMENT made as of the ____ NTT LEN
in the year Nineteen Hundred and SIXTY Tito
day of __ QC-T_QB_E_R
by and between
THE HOARD Of COUNTY COMMISSIONERS, WELD COUNTY, COLORADO
hereinafter called the Owner, and
CLAUDE A. NASH: ARCHITECTJ, GREELEY2 COLORADO
WITNESSETH, that whereas the Owner intends to erect
hereinafter called the Architect,
A BUILDING FOR 117H__A_ND
HOME DEMONSTRATION CLUBS AT ISLAND GROVE PARK, GREELEY, COLORADO
hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter named, agree
as follows:
A The Architect agrees to perform, for the above -named Project, professional services as hereinafter set
forth.
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IZI-S 'ON iNaNln3Oa •V•ry
B The Owner agrees to pay the Architect for such services a fee of -------IX 61%
construction cost of the Project, with other ere�� t r providered,
cent the the
said
payments and reimbursements as hereinafter provided, said
percentage being hereinafter called the Basic Rate.
C The parties hereto further agree to the following
conditions:
I THE ARCHITECT'S SERVICES
The Architect's professional services consist of the
necessary conferences, the preparation of preliminary
studies, working drawings, specifications, large scale and
full size detail drawings, for architectural, structural,
plumbing, heating, electrical, and other mechanical
work; assistance in the drafting of forms of proposals
and contracts; the issuance of Certificates for Payment;
the keeping of accounts and the general administration
of the construction contracts.
2 REIMBURSEMENTS
The Owner is to reimburse the Architect the costs of
transportation and living incurred by him and his as-
sistants while traveling in discharge of duties connected
with the Project, the cost of all reproductions of draw-
ings, the cost of any special consultants other than for
normal plumbing, heating, electrical, and other me-
chanical work, and other disbursements on his account
approved by the Owner.
3 SEPARATE CONTRACTS
The Basic Rate applies to work let under a single con-
tract. For any portions of the Project let under separate
contracts, on account of extra service thereby required,
the rate shall be four per cent greater, and if substan-
tially all the Project is so let the higher rate shall apply to
the entire Project; except that there shall be no such in-
crease ( I ) on the plumbing, heating, electrical and other
mechanical work, or (2) on any contracts in connection
with which the Owner reimburses special consultants'
fees to the Architect, or (3) for articles not designed
by the Architect but purchased under his direction.
4 EXTRA SERVICES AND SPECIAL CASES
If the Architect is caused extra drafting or other ex-
pense due to changes ordered by the Owner, or due to
the delinquency or insolvency of the Owner or Contrac-
tor, or as a result of damage by fire, he shall be equitably
paid for such extra expense and the service involved.
Work let on any cost-plus basis shall be the subject
of a special charge in accord with the special service -
required.
If any work designed or specified by the Architect is
abandoned or suspended, in whole or in part, the Archi-
tect is to be paid for the service rendered on account
of it.
S PAYMENTS
Payments to the Architect on account of his fee shall be
made as follows, subject to the provisions of Article 4:
Upon completion of the preliminary studies, a sum
equal to 25% of the basic rate computed upon a reason-
able estimated cost.
During the period of preparation of specifications and
general working drawings, monthly payments aggregat-
ing at the completion thereof, a sum sufficient to in-
crease payments to 75% of the rate or rates of com-
mission arising from this Agreement, computed upon a
reasonable cost estimated on such completed specifica-
tions and drawings, or if bids have been received, then
computed upon the lowest bona fide hid or bids.
From time to time during the execution of work and
in proportion to the amount of service rendered by the
Architect, payments shall be made until the aggregate
of all payments made on account of the Architect's com-
pensation under this Article, but not including any
covered by the provisions of Article 4, shall be a sum
equal to the rate or rates of commission arising from
this Agreement, computed upon the final cost of the
Project.
Payments to the Architect, other than those on his
compensation, fall due from time to time as his work
is done or as costs are incurred.
No deductions shall be made from the Architect's
compensation on account of penalty, liquidated dam-
ages, or other sums withheld from payments to con-
tractors.
6 INFORMATION FURNISHED BY OWNER
The Owner shall, so far as the work under this Agree-
ment may require, furnish the Architect with the follow-
ing information: A complete and accurate survey of the
building site, giving the grades and lines of streets, pave-
ments, and adjoining properties; the rights, restrictions,
easements, boundaries, and contours of the building
site, and full information as to sewer, water, gas and
electrical service. The Owner is to pay for borings or
test pits and for chemical, mechanical, or other tests
when required.
The Owner shall provide all legal advice and services
required for the operation.
l
7 GENERAL ADMINISTRATION
a) The Architect shall check and approve samples,
schedules, shop drawings and other submissions only for
conformance with the design concept of the Project and
for compliance with the information given by the Con-
tract Documents, prepare change orders and assemble
written guarantees required of the Contractors.
b) The Architect will make periodic visits to the site
to familiarize himself generally with the progress and
quality of the work and to determine in general if the
work is proceeding in accordance with the Contract
Documents. He will not be required to make exhaustive
or continuous on -site inspections to check the quality or
quantity of the work and he will not be responsible for
the Contractors' failure to carry out the construction
work in accordance with the Contract Documents. Dur-
ing such visits and on the basis of his observations while
at the site, he will keep the Owner informed of the
progress of the work, will endeavor to guard the Owner
against defects and deficiencies in the work of Contrac-
tors, and he may condemn work as failing to conform
to the Contract Documents. Based on such observations
and the Contractors' Applications for Payment, he will
determine the amount owing to the Contractor and will
issue Certificates for Payment in such amounts. These
Certificates will constitute a representation to the Owner,
based on such observations and the data comprising the
Application for Payment, that the work has progressed
to the point indicated. By issuing a Certificate for Pay-
ment, the Architect will also represent to the Owner
that, to the best of his knowledge, information and be-
lief, based on what his observations have revealed, the
quality of the work is in accordance with the Contract
Documents. He will conduct inspections to determine
the dates of substantial and final completion and issue a
final Certificate for Payment.
c) If more extensive representation at the site is re-
quired, the conditions under which such representation
shall be furnished and a Project Representative selected,
employed and directed, shall be agreed to by the Owner
and the Architect and set forth in an exhibit to this
Agreement.
8 PRELIMINARY ESTIMATES
When requested to do so the Architect will furnish pre-
liminary estimates on the cost of the Project, but he does
not guarantee such estimates.
9 CONSTRUCTION COST OF THE PROJECT
The construction cost of the Project, as herein referred
to, means the cost to the Owner, but such cost shall not
include any Architect's or special consultants' fees or
reimbursements or the cost of a Project Inspector.
When labor or material is furnished by the Owner
below its market cost, the cost of the work shall be com-
puted upon such market cost.
10 OWNERSHIP OF DOCUMENTS
Drawings and specifications as instruments of service
are the property of the Architect whether the work for
which they are made be executed or not, and are not
to be used on other work except by agreement with the
Architect.
II SUCCESSORS AND ASSIGNS
The Owner and the Architect, each binds himself, his
partners, successors, legal representatives, and assigns
to the other party to this Agreement, and to the part-
ners, successors, legal representatives and assigns of
such other party in respect to all covenants of this
Agreement.
Except as above, neither the Owner nor the Architect
shall assign, sublet or transfer his interest in this Agree-
ment without written consent of the other.
12 ARBITRATION
Arbitration of all questions in dispute under this Agree-
ment shall be at the choice of either party and shall be
in accordance with the provisions, then obtaining, of
the Standard Form of Arbitration Procedure of The
American Institute of Architects. This Agreement shall
be specifically enforceable under the prevailing arbitra-
tion law and judgment upon the award rendered may be
entered in the court of the forum, state or federal, hav-
ing jurisdiction. The decision of the arbitrators shall be
a condition precedent to the right of any legal action.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement, the day and
year first above written.
Owner BOARD OF COUNTY OMM15510NERArchitect CLAUDE A. NASH, ARCHITECT
COUNTY COL�O DO
Chairman
, Jo
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