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Home My WebLink About20121629Design -Build Change Order Form For Use with DBIA Document No. 525, Standard Form of Agreement Between Owner and Design -Builder— Lump Sum (2010 Edition) and DBIA Document No. 530, Standard Form of Agreement Between Owner and Design -Builder— Cost Plus Fee with an Option for A Guaranteed Maximum Price (2010 Edition) Change Order Number: 01 Change Order Effective Date: (date when executed by both parties) Project: Northern Colorado Regional Forensic Laboratory Design -Builder's Project No: 1210CO Date of Agreement: 7/16/2012 Owner: Weld County Design -Builder Roche Constructors Inc. Scope of the Change: Add building and site (Lot 11A) construction per Northern Colorado Regional Forensic Laboratory Lot 11, Block 2 drawings dated November 13, 2012. Original Contract Price: $ 544,790.88 Net Change by Previous Change Order No(s): 0 to:0 $ 0.00 This Change Order Increase/Decrease (attach breakdown): $ 3,333,909.12 New Contract Price: $ 3,878,700.00 Original Contract Completion Date: Adjustments by Change Order No(s) to: This Change Order Contract Time Increase/Decrease: September 30 2013_ (calendar days) (calendar days) Revised Substantial Completion Date: 20 By executing this Change Order, Owner and Design -Builder agree to modify the Agreement's Scope of Work, Contract Price and Contract Time as stated above. Upon execution, this Change Order becomes a Contract Document issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design - Builder, (2010 Edition). By: Printed Name: William F. Garcia DESIGN -BUILDER: By. Printed Name: ,SEAN ( 1. giJCW€' 7 — Title: Chair, Board of Weld County Commissioners Title: Date: JAN 0 92013 Date: ?. nci- t • owa &jg Ju,ua�r 9 , 20(3 DBIA Document No. 500D2 - Design -Build Change Order Form © 20��ign-Build Institute of America / --/62-o&/9 CC E I- II -I) o5 Ci�r2- ((tc Fy o055 FR Roche Constructors, Inc. December 21, 2012 Mr. Toby Taylor Weld County Building and Grounds Department 1 105 H Street PO Box 758 Greeley, CO 80632 Re: Northers Colorado Regional Crime Lab Dear Mr. Taylor: On behalf of Roche Constructors, Inc., thank you for the opportunity to be involved on the Northern Colorado Regional Crime Lab. Based on a competitive bidding process the change order amount for the construction of the Northern Colorado Regional Crime lap will be $3.348,909.12, for the a total contract amount of $3,878,700. This amount is based on plans and specifications dated November 13. 2012. Roche is known for its 42 -year track record of maintaining budgets and schedules, along with the experience and knowledge to do so. Maintaining a relationship with you and Weld County is a high priority for everyone at Roche. We will listen to everyone involved with the project. knowing it takes a team to provide unparalleled service. Our team and I are available to answer any questions you have about this information. We look forward to completing another successful project for Weld County. Sincerely. ROCHE CONSTRUCTORS. INC. 1 - Lam_ Cnristopher Bowers Senior Project Estimator CB/cve JOB NAME: Northern CO Regional Forensic Laboratory APPLICATION NUMBER: Four (4) JOB ADDRESS: US Hwy 34 & State Hwy 257 APPLICATION DATE: February 1, 2013 Greeley, Colorado 80634 PERIOD TO: January 31, 2013 - W (J 4 z a W GC 0 O 0 0 O 0 Nn. 0 O co O 6 N 0 O O 'O LO N I 0 0 0 0 0 0 0 0 66o 0 0 0 go. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 go 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 3,739,065.88 181,228.50 35,237.051 0.001 216,465.551 5.80% 3,522,600.331 21,646.56 SUB TOTALS 3,739,065.88 181,228.50 35,237.05 0.00 216,465.55 5.80% 3,522,600.33 21,646.5 BALANCE TO FINISH O go O or) O CD O co. O O O CO Ch N co 0 co O 0 U n 0 O O v) 0 coo `o N 0 co O 0 V CO 0 O C) CO 0 O 6— N 0 O N 0 O N d 0 go D` O 0 of a 0 goo N `O 0 C) 0 O. V 33,951.00 O 0.0.0.2 'O CO O O N. O V CO O CO n O -- O -- P CC! N N `O IN Cr O- V CO CO O - = O n — C7 4 V h c0 <n C) N(≥ W oO CO b n N O O` 00 Lo b - O O co N O O. — V O O% V Ix,CO 0- CO 0- NI O LO 'It CO N e 0 0 b 0 0 0 0 0 0 0 6..5.,p, 0 0 0 0 0 0 0 0 0 0 0 0 Z z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IL 6600006000060 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 66o 0 U ac a- ITEM DESCRIPTION SCHEDULED WORK COMPLETED TOTAL NO. OF VALUE COMPLETED WORK PREVIOUS THIS APPLICATION 8. STORED APPLICATIONS WORK IN STORED MATL TO DATE PLACE not D or E 0 O O O O O O O CO NO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o.0.0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O UO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l9 Lon, C4 N NO co n O N D I E I F 0 o 0 0 0 0 0 goo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o.0.0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 2,500.00 [ O O v) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0.000.0.0q0.0.0.0.000.0.00000.0.0 O co co N O 00060000066006 606006 0 0.0.00.L00.000. 0 0 0 0 0 0 0 0 0 go 0 0 0 0 0 0 go. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co 0 0 0 0 0 CO 0 660066600666006 c;600 O h N N- 0 go 0 0 O O O CO oO 0 0 0 o 0 co. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O CO CO .0 O Cl IN O N N '7 O 0- N O— O'0 CO N'0 U CO CO 4 Cr) CO CO CO N CO- N .— N'O n n 0- O P CO CT O.— n 'o t") V U 7 CO! -- CO U `O CO CO O N O V OO CO N U 6o,:,(5 CO C) V V h N N N C) N co' N W -o N C) N O O` CO \0 O — b O CO N O Os N `V O U 4 O O co CO N O LOCO Nr N el] Land/Off-Site Utilities General Conditions Preconstruction Services Fee CHANGE ORDER NO. 01 Testing/Surveying Earthwork/Utilities Asphalt Paving Landscaping (Carpentry Rooting/Waterproofing Doors & Hardware Glass & Glazing Drywall/ACT Paints & Wallcoverings Specialties INVAC/Controls a 0 0 CO N C 0 U T C 9 O N 4) i7) C p O L0_ C7) l E 2 O u 0 N w a G m 4w N co V CO n CO U 0 N CO V CO �O N. CO N ON CV CNV N (�V N JOB NAME: Northern CO Regional Forensic Laboratory APPLICATION NUMBER: Four (4) JOB ADDRESS: US Hwy 34 & State Hwy 257 APPLICATION DATE: February 1, 2013 Greeley, Colorado 80634 PERIOD TO: January 31, 2013 RETAINAGE 0 0 o 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 606066 0 0 0 0 0 0 0 0 0 0 TOTALS I 3,878,700.00 I 181,228.50 I 35,237.05 I 0.00 I 216,465.55 I 5.60%I 3,662,234.45 I 21,646.56 BALANCE TO FINISH o O N - 0 O 0 o 0 o 0 o 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N. -N:00666 6000606 6000000666 W V r NCO N I. N TOTAL COMPLETED & STORED PERCENT TO DATE o 0 ego 0 0 0 0 0 0 0 6 0 b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.°°°.00.0.0.0.°°0.0.0.0.0.0.2°000.0.0. 0 60600006 60000000666000 o 0 o 0 0 0 0 0 0 o 0 o 0 o 0 0 0 o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 60000006666o 0 0 0 0 0 0 0 0 0 0 (3 D I El F ITEM DESCRIPTION SCHEDULED WORK COMPLETED NO. OF VALUE WORK PREVIOUS THIS APPLICATION APPLICATIONS WORK IN STORED MATL PLACE not D or E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o6 0 0 0 0 0 0 600006666660066o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o6666066600666 0 0 0 0 0 0 0 0 0 0 0 0 600006666o 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 6000666 0 0 0 0 0 0 0 ONO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l,-.<6666666666666666666066 oo V U N N N C CO Builders Risk/GL Insurance f a) (1) U— '0 N N N m N a N 0 CO — CO N CO CO CO v CO Le co `0N. CO CO CO co a co 0,- co V NCO V V v V LO V '4o V i. V CO V 0-.Q N C 0 m a Standard Form of Agreement Between Owner and Design -Builder - Lump Sum This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the 16th day of July in the year of 2012 , by and between the following parties, for services in connection with the Project identified below. OWNER: (Name and address) Weld County, Colorado 1105 H Street Greeley, CO 80631 Phone: (970) 304-6531 Fax: (970) 304-6532 DESIGN -BUILDER: (Name and address) Roche Constructors, Inc. 361 7161 Avenue Greeley, CO 80634-9782 Phone: (970) 356-3611 Fax: (970) 356-3619 PROJECT: (Include Project name and location as it will appear in the Contract Documents) Regional Crime Lab State Highway 257 and US Highway 34 Interchange Greeley, CO 80634 In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein. 0 r1 710Zo'bZ�7 �an.a.ev 4,44_ c 06*G, FU B --a0 %-ac-1 a rooss c2O/o2 - leo DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 1 Article 1 Scope of Work 1.1 Design -Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following: .1 All written modifications, amendments, minor changes and Change Orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design -Builder (2009 Edition) ("General Conditions of Contract"); .2 The Basis of Design Documents, including the Owner's Project Criteria, Design -Builder's Proposal and the Deviation List, if any, contained in the Design -Builder's Proposal, which shall specifically identify any and all deviations from Owner's Project Criteria; .3 This Agreement, including all exhibits and attachments, executed by Owner and Design - Builder (List for example, performance standard requirements, performance incentive requirements, markup exhibits, allowances, or unit prices); .4 Written Supplementary Conditions, if any, to the General Conditions of Contract; . 5 The General Conditions of Contract; and . 6 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract Article 3 Interpretation and Intent 3.1 Design -Builder and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents for any conflicts or ambiguities. Design -Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of the Agreement. 3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, Design -Builder and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. Conflicts existing within Section 2.1.2 shall be resolved by giving DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 2 precedence first to the Deviation List, if any, then the Owner's Project Criteria, and then the Design Builder's Proposal. 3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.4 If Owner's Project Criteria contain prescriptive/design specifications: (a) Design -Builder is entitled to reasonably rely on the accuracy of the information represented in the prescriptive/design specifications and its compatibility with other information set forth in Owner's Project Criteria, including any design performance specifications; and (b) Design -Builder shall be entitled to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by such inaccurate prescriptive/design specification. 3.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. 3.6 In the event of an ambiguity in the Contract Documents, the parties shall be deemed to have jointly authored them, and as such, nothing shall be construed against or in favor of one party based on its being deemed the sole author. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design -Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design -Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below. 4.2 Owner's Limited License Upon Project Completion and Payment in Full to Design Builder. Upon Owner's payment in full for all Work performed under the Contract Documents, Design -Builder shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of the Project, conditioned on Owner's express understanding that its alteration of the Work Product without the involvement of Design -Builder is at Owner's sole risk and without liability or legal exposure to Design -Builder or anyone working by or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"), and on the Owner's obligation to provide the indemnity set forth in Section 4.5 herein. [At the parties' option, one of the following may be used in lieu of Section 4.2]: ❑ Upon Owner's payment in full for all Work performed under the Contract Documents, Design - Builder: (a) grants Owner a limited license to use the Work Product in connection with Owner's occupancy of the Project; and (b) transfers all ownership and property interests, including but not limited to any intellectual property rights, copyrights and/or patents, in that portion of the Work Product that consists of architectural and other design elements and specifications that are unique to the Project. The parties shall specifically designate those portions of the Work Product for which ownership in the Work Product shall be transferred. Such grant and transfer are conditioned on Owner's express understanding that its alteration of the Work Product without the involvement of Design Builder is at Owner's sole risk and without liability or legal exposure to Design -Builder or anyone working by or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"), and on the Owner's obligation to provide the indemnity set forth in Section 4.5 herein. DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum ® 2009 Design -Build Institute of America Page 3 or O Upon Owner's payment in full for all Work performed under the Contract Documents, Design - Builder transfers to Owner all ownership and property interests, including but not limited to any intellectual property rights, copyrights and/or patents, in the Work Product. Such transfer is conditioned on Owner's express understanding that its alteration of the Work Product without the involvement of Design Builder is at Owner's sole risk and without liability or legal exposure to Design - Builder or anyone working by or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"), and on the Owner's obligations to provide the indemnity set forth in Section 4.5 herein. 4.3 Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 8 hereof, or if Design -Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design -Builder shall, upon Owner's payment in full of the amounts due Design -Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 4.2 above, conditioned on the following: .1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party and on the Owner's obligation to provide the indemnity set forth in Section 4.5 herein; and .2 Owner agrees to pay Design -Builder the additional sum of 0.00 Dollars ($ 0.00 ) as compensation for the right to use the Work Product to complete the Project and subsequently use the work Product in accordance with this Section 4.2 if Owner resumes the Project through its employees, agents, or third parties. 4.4 Owner's Limited License upon Design -Builder's Default. If this Agreement is terminated due to Design -Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design -Builder grants Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design -Builder was not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design -Builder shall be entitled to the rights and remedies set forth in Section 4.3 above. 4.5 Owner's Indemnification for Use of Work Product. If Owner is required to indemnify any Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances identified in this Article 4, Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from the use or alteration of the Work Product. Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Design -Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion . 5.2.1 Substantial Completion of the entire Work shall be achieved no later than To be determined DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 4 ( ) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). [At the parties' option, the following supplemental language may be inserted at the end of Section 5.2.1] ❑ The parties agree that the definition for Substantial Completion set forth in Section 1.2.18 of the General Conditions of Contract is hereby modified to read as follows: "Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes, provided, however, that Substantial Completion shall be deemed to have been achieved no later than the date of issuance of a Temporary Certificate of Occupancy issued by the local building official, if a Temporary Certificate of Occupancy is applicable to the Project." 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved as follows: (Insert any interim milestones("Scheduled Interim Milestone Dates") for portions of the Work with different scheduled dates for Substantial Completion) 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract. 5.2.4 All of the dates set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design -Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Design -Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not attained by To be determined ( ) days after the Scheduled Substantial Completion Date (the "LD Date"), Designer -Builder shall pay Owner zero Dollars ($ 0.00 ) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. (The parties may want to consider the following supplemental language within Section 5.4 if they want to assess liquidated damages for failing to meet Final Completion. In this case, the first sentence in Section 5.2.3 should be deleted and replaced with the following language] [] Design Builder understands that if Final Completion is not achieved within days of Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design Builder agrees that if Final Completion is not achieved within days of Substantial Completion, Design Builder shall pay to Owner Dollars ($ ), as liquidated damages for ash calendar day that Final Completion is delayed beyond the above referenced number of days. DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 5 [In lieu of the liquidated damages specified in Section 5.4 or the alternate provided herein, the Parties may decide that the Agreement will provide for actual damages in the event of Project delay, with Owner being cautioned that there is a waiver of consequential damages 5.4 and 5.5 and insert the following] ❑ 5.4 Design Builder and Owner have agreed not to provide for liquidated damages in thia Agreement for failure of Design Builder to achieve the Contract Time(s) sot forth in this Article 5. Design Builder understands, however, that Owner may suffer actual damages in the event the Contract Time(s) set forth herein are not achieved. Owner shall bc able to recover damages from Design Builder to the extent it can demonstrate that said actual damages have been incurred, arc directly related and caused by Design Builder's failure to meet the Contract Time(s) cct forth herein, and arc not waived by Section 10.5.1 of the Cencral Conditions of Contract. Notwithstanding the foregoing in no event shall Design Builder's liability for actual damages for delays exceed Dollars ($ ) 5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liabilityfor any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion, Interim Milestone Dates or Final Completion. [The Parties may also desire to cap the liquidated damages payable under this Agreement, in which case the following language should be included at the end of Section 5.6.] ❑ Owner and Design Builder agree that the maximum aggregate liability Design Builder has for any liquidated damages that may be assessed under this Agreement shall bc Dollars ($ ). 5.6 Early Completion Bonus. If Substantial Completion is attained on or before To be determined ( ) days before the Scheduled Substantial Completion Date (the "Bonus Date"), Owner shall pay Design -Builder at the time of Final Payment under Section 7.3 hereof an early completion bonus of N/A Dollars ($ N/A ) for each day that Substantial Completion is attained earlier than the Bonus Date. (If an early completion bonus is applicable to any dates set forth in Section 5.2.2 or 5.2.3 hereof, this Section 5.6 will need to be modified accordingly) [The Parties may also desire to cap the early completion bonus payable under Section 5.6 in which case the following language should be included.] ❑ Owner and Design Builder agree that the maximum aggregate amount that Design Builder shall receive as the arly Completion Bonus is Dollars ($ ). 5.7 [The Parties may also desire to modify Article 8.2.2 of the General Conditions of Contract relative to compensability of delays that would cause the Contract Time(s) to be extended. In such case, the following option can be used.] ❑ In addition to Design -Builder's right to a time extension for those events set forth in Section 8.2.1 above, Design -Builder shall also be entitled to an appropriate adjustment of the Contract Price for those events set forth in Section 8.2.1 above, provided, however, for Force Majeure Events, Design -Builder shall be entitled to an increase in the Contract Price providing that: (i) said events must exceed two (2) cumulative days before Design -Builder is entitled to additional compensation; and (ii) said additional compensation shall be limited to: [Check one box only] O $ dollars a day for each day work is delayed beyond the Scheduled DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum O 2009 Design -Build Institute of America Page 6 Substantial Completion Date. or ® the direct costs and expenses Design -Builder can demonstrate it has reasonably actually incurred as a result of such event. Article 6 Contract Price 6.1 Contract Price. Owner shall pay Design -Builder in accordance with Article 6 of the General Conditions of Contract the sum of five hundred forty-four thousand seven hundred ninety and 88/100 Dollars ($544,790.88) ("Contract Price"), subject to adjustments made in accordance with the General Conditions of Contract. Unless otherwise provided in the Contract Documents, the Contract Price is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements. 6.2 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work, and the cost of such changes is determined under Sections 9.4.1.3 or 9.4.1.4 of the General Conditions of Contract, the following markups shall be allowed on such changes: .1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design Builder shall receive a Fee of 3.5% of the additional costs incurred for that Change Order, plus any other markups set forth at Exhibit N/A hereto. .2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include: [Check one box only] • No additional reduction to account for Design -Builder's Fee or any other markup. or ❑ An amount equal to the sum of: (a) percent ( %) applied to the direct costs of the net reduction (which amount will account for a reduction associated with Design -Builder's Fee); plus (b) any other markups set forth at Exhibit hereto applied to the direct costs of the net reduction. 6.3 Allowance Items and Allowance Values . 1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in an Exhibit hereto. . 2 Design -Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Item. Design -Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for the Allowance Value. .3 No work shall be performed on any Allowance Item without Design -Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design -Builder is not provided written authorization to proceed by the date set forth in the Project schedule, due to no fault of Design -Builder, Design -Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 7 .4 The Allowance Value includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design -Builder's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment notwithstanding the actual amount of the Allowance Item. [In the Alternative, the parties may want to delete Section 6.3.4 and add the following provision.] ❑ In the event the actual direct cost of labor, materials, equipment, transportation, taxes and -insurance associated with the applicable Allowance Item is percent ( °%,) greater than or less than the Allowance Value, Design Builder and Owner agree that Design Builder's right to Fee and markup shall be determined in accordance with Section 6.2. .5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 6.3.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design -Builder for the particular Allowance Item and the Allowance Value. 6.4 Performance Incentives 6.4.1 Owner and Design -Builder have agreed to the performance incentive arrangements set forth in Exhibit N/A . /The parties are encouraged to discuss and agree upon performance incentives that will influence project success. These incentives may consist of Award Fees, incentives for safety, personnel retention, client satisfaction and similar items.] Article 7 Procedure for Payment 7.1 Progress Payments 7.1.1 Design -Builder shall submit to Owner on the last day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.1.2 Owner shall make payment within ten (10) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.2 Retainage on Progress Payments 7.2.1 Owner will retain ten percent (10%) of each Application for Payment provided, however, that when fifty percent (50%) of the Work has been satisfactorily completed by Design -Builder and Design - Builder is otherwise in compliance with its contractual obligations, Owner will not retain any additional retention amounts from Design -Builder's subsequent Applications for Payment. Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project. [Design Builder and Owner may want to consider substituting the following retainage provision] DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum O2009 Design -Build Institute of America Page 8 ❑ Owner will retain percent ( %) from Design Builder's Applicationo for Payment, exclusive of General Conditions costs, and any amounts paid to Design Builder's Design Consultant, from each Application for Payment provided, however, that when fifty percent (50%) of the Work has been saticfactorily completed by Design Builder and Design Builder is otherwise is compliance with its contractual obligations, Owner will not retain any additional amounts from Design Builder's subsequent Applications for Payment. Owner will also reaconably consider reducing retainage for Subcontractors completing their work arly in the Project. 7.2.2 Within fifteen (15) days after Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to (a) the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion and (b) all other amounts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract. 73 Final Payment. Design -Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design -Builder's properly submitted and accurate Final Application for Payment within thirty (30) days after Owner's receipt of the Final Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract and (b) Owner shall have the right to withhold all amounts to which Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract. 7.4 Interest. Payments due and unpaid by Owner to Design -Builder, whether progress payments or final payment, shall bear interest commencing five (5) days after payment is due at the rate of prime plus 2% percent ( %) per month until paid. 7.5 Record Keeping and Finance Controls. With respect to changes in the Work performed on a cost basis by Design -Builder pursuant to the Contract Documents, Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access to, and the right to audit from time to time, upon reasonable notice, Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to changes in the Work performed on a cost basis in accordance with the Contract Documents, all of which Design -Builder shall preserve for a period of three (3) years after Final Payment. Such inspection shall take place at Design -Builder's offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design -Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, but the composition of such multiplier or markup is not subject to audit. Article 8 Termination for Convenience 8.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following: .1 All Work executed and for proven loss, cost or expense in connection with the Work; DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 9 .2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and .3 (Choose one of the following:) ® The fair and reasonable sums for overhead and profit on the sum of items .1 and .2 above. or ❑ Ovcrh ad and profit in the amount of cum of items .1 and .2 above. perccnt ( °G,)onthe 8.2 In addition to the amounts set forth in Section 8.1 above, Design Builder shall be entitled to receive one of the following as applicable: .1 If Owner terminates this Agreement prior to commencement of construction, Design Builder chall be paid percent ( %) of the remaining balance of the Contract Price. .2 If Owner terminates this Agreement after commencement of construction, Design Builder shall be paid percent ( %) of the remaining balance of the Contract Price, 8.3 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Section 4.3 hereof. Such rights may not be transferred or assigned to others without Design -Builder's express written consent and such third parties' agreement to the terms of Article 4. (The following Article 9 should be used only if the Owner and Design -Builder agree to establish their respective representatives at the time the Agreement is executed rather than during the performance of the Project.) Article 9 Representative of the Parties 9.1 Owner's Representatives 9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Toby Taylor Weld County Buildings & Grounds Department 1105 H Street (80631) PO Box 758 (80632) Greeley, CO Phone: (970) 304-6531 Fax: (970) 304-6532 Cell Phone: Email: ttaylor@co.weld.co.us DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 10 9.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Toby Taylor Weld County Buildings & Grounds Department 1105 H Street (80631) PO Box 758 (80632) Greeley, CO Phone: (970) 304-6531 Fax: (970) 304-6532 Cell Phone: Email: ttaylor@co.weld.co.us 9.2 Design -Builder's Representatives 9.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design - Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Wade Pope, VP of Operations Roche Constructors, Inc. 7860 W. Sahara Avenue, Suite 130 Las Vegas, NV 89117 Phone: (702) 252-3611 Fax: (702) 222-3912 Cell Phone: (702) 524-6232 Email: wpope@rocheconstructors.com 9.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual's name, title, address and telephone numbers) Sean Sanchez, Project Manager Roche Constructors, Inc. 1235 W. 124th Avenue, Suite 100 Westminster, CO 80234 Phone: (303) 920-5555 Fax: (303) 920-5556 Cell Phone: (303) 507-3995 Email ssanchez@rocheconstructors.com Article 10 Bonds and Insurance 10.1 Insurance. Design -Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract. DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 11 Type of Insurance or Bond GENERAL LIABILITY Each occurrence Damage to rented premises (ea occur.) Medical expenses (any one person) Personal and advertising injury General aggregate Products — comp/ops. aggregate AUTOMOBILE LIABILITY Combined single limit (ea. accident UMBRELLA/EXCESS LIABILITY Each occurrence Aggregate WORKERS COMPENSATION/ EMPLOYER LIABILITY Each incident — each accident E.I. disease — each employee E.I. disease — policy limit PROFESSIONAL LIABILITY Each wrongful act Total limit Limit of Liability ($0.00) $1,000,000 $ 300,000 $ 10,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 10.2 Bonds and Other Performance Security. Design -Builder shall provide the following performance bond and labor and material payment bond or other performance security at the following rates: the rate for the first $2.5 million is $8.30, with the next $2.5 million being $6.80: Performance Bond. (Check one box only. If no box is checked, then no bond is required.) ® Required; E Not Required Payment Bond. (Check one box only. If no box is checked, then no bond is required) Required; ❑ Not Required Other Performance Security. (Check one box only. If no box is checked, then no other performance security is required. If the "Required" box is checked, identify below the specific performance security that is being required and all salient commercial terms associated with that security.) O Required; ® Not Required DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum ©2009 Design -Build Institute of America Page 12 Article 11 Other Provisions 11.1 Other provisions, if any, are as follows: (Insert any additional provisions) Contractor shall secure and pay for all permits but will be reimbursed for the costs of the permits by the Owner as a pass -through cost with no mark-up. [In lieu of Soctions 10.3.1 through 10.3.3 of the General Conditions of Contract, the Parties may want to delete such sections and include the following alternative disputes proceeding clause.] _ Any elaims, disputes, or controversies between the parties arising out of or related to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures competent jurisdiction in the state in which the Project is located. In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. OWNER: Weld County, Colorado (Name of Owner) Sean P. Conway (Printed Name) Chair, Board of Weld County Commissioners (Title) Date: AUG 2 02012 DESIGN -BUILDER: Roche Constructors, Inc. (Name of Design -Builder) (Signature) Thomas J. Roche (Printed Name) President & CEO (Title) Date: August 13. 2012 Caution: You should sign an original DBIA document which has this caution printed in blue. An original assures that changes will not be obscured as may occur when documents are reproduced. DBIA Document No. 525 Standard Form of Agreement Between Owner and Design -Builder - Lump Sum © 2009 Design -Build Institute of America Page 13 ao/� /�2y DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 16, 2012 To: Board of County Commissioners From: Toby Taylor Subject: Crime Lab Design Build Project; Bid #91200096 As advertised, this bid is to perform design build services for the Regional Crime Lab Building. The following tabulation reveals Roche Constructors, Inc. is the low bid: Item Roche Constructors Growling Bear FCI Constructors Fee 3.50% 3.21% 11.50% Utilities $150,000 $0 $0 Land $0 $400,000 $402,569 General Conditions $169,638 $166,300 $167,480 Architectural Fee $163,750 $204,000 Pre -Construction $13,530 $2,000 $16,000 Soils $3,200 $0 Not included Reimbursables $8,000 $0 $0 Constract Admin fee $18,250 $0 $0 Bond (based on projection) $30,950 $25,200 $25,450 Total Costs (without % fees identified above) $557,318 $797,500 $611,499 Roche Constructors' bid identified just one lot which was under the 3 acre minimum but the bid also stated 4 acres. Roche Constructors made contact stating a lot line adjustment is being pursued to enlarge this parcel to meet the 3 acre minimum. Given this, Buildings and Grounds is recommending the bid be awarded to the low bid from Roche Constructors, Inc. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Building Maintenance Coordinator 02c/07- e055- WELD COUNTY PURCHASING 1150 O Street Rm 107 Greeley CO 80631 E -Mail: mwaltersCa�co.weld.co.us E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: JUNE 29TH, 2012 REQUEST FOR: CRIME LAB DESIGN BUILD PROJECT DEPARTMENT: FINANCE DEPARTMENT BID NO: #61200096 PRESENT DATE: JULY 2ND, 2012 APPROVAL DATE: JULY 16T", 2012 VENDORS ROCHE CONSTRUCTORS INC 361 71ST AVENUE GREELEY CO 80634 GROWLING BEAR CO INC 2330 4TH AVENUE GREELEY CO 80631 FCI CONSTRUCTORS INC 4001 N VALLEY DRIVE LONGMONT CO 80504 ***BIDS ARE BEING REVIEWED AT THIS TIME`"" 2012-1629 Hello