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Home My WebLink About20082509.tiff AIA'rf Document AI4ITM - 2004 Standard Form of Agreement Between Owner and Design-Builder AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, address and other information) completion.The author may also have revised the text of the original Weld County Government AIA standard form.An Additions and 915 10th Street Deletions Report that notes added Greeley,CO information as well as revisions to Telephone Number: 970.336.7225 the standard form text is available from the author and should be reviewed.A vertical line in the left and the Design-Builder: margin of this document indicates (Name, address and other information) where the author has added necessary information and where the author has added to or deleted Growling Bear Co. (Inc.),General Corporation 2330 4th Avenue from the original AIA text. Greeley CO 80631 This document has important legal Telephone Number: 970-353-6964 consequences.Consultation with an Fax Number: 970-353-6974 attorney is encouraged with respect to its completion or modification. For the following Project: Consultation with an attorney is also (Name, location and detailed description) encouraged with respect to professional licensing requirements Weld County Community Corrections Facility in the jurisdiction where the Project is located. I 35000 SF 2 Story Corrections Facility The Owner and Design-Builder agree as follows. Init. AIA Document A141^r-2004.Copyright ©2004 by The American Institute of Architects. All rights reserved. WARNING.This AI A Document is protected by U.S.Copyright Law and International Treaties.Unauthorized npunlnction or distribution of this AIA Document.or any portion of It. 1 may result in severe civil and criminal penalties and will be prose,Wed rutliFlItIXIII1orn extent possible toilet the law. This document was produced by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/20/2009,and is not for resale. User Notes: (184480950 .,r;r : 1 u_ �;(9 .FP.cc3O TABLE OF ARTICLES 1 THE DESIGN-BUILD DOCUMENTS 2 WORK OF THIS AGREEMENT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 MISCELLANEOUS PROVISIONS 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS TABLE OF EXHIBITS A TERMS AND CONDITIONS B DETERMINATION OF THE COST OF THE WORK C INSURANCE AND BONDS ARTICLE 1 THE DESIGN-BUILD DOCUMENTS §1.1 The Design-Build Documents form the Design-Build Contract.The Design-Build Documents consist of this Agreement between Owner and Design-Builder(hereinafter,the"Agreement")and its attached Exhibits; Supplementary and other Conditions;Addenda issued prior to execution of the Agreement;the Project Criteria, including changes to the Project Criteria proposed by the Design-Builder and accepted by the Owner,if any;the Design-Builder's Proposal and written modifications to the Proposal accepted by the Owner,if any;other documents listed in this Agreement;and Modifications issued after execution of this Agreement.The Design-Build Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Owner,(2)between the Owner and a Contractor or Subcontractor,or(3)between any persons or entities other than the Owner and Design-Builder,including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria.An enumeration of the Design-Build Documents,other than Modifications,appears in Article 8. §1.2 The Design-Build Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral. §1.3 The Design-Build Contract may be amended or modified only by a Modification.A Modification is(1)a written amendment to the Design-Build Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Owner. ARTICLE 2 THE WORK OF THE DESIGN-BUILD CONTRACT §2.1 The Design-Builder shall fully execute the Work described in the Design-Build Documents,except to the extent specifically indicated in the Design-Build Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice 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 will be fixed in a notice to proceed.) Init. AIA Document A141m—2004.Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA® Document,or any portion of it, 2 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/20/2009,and is not for resale. User Notes: (1824480950) If,prior to the commencement of Work,the Owner requires time to file mortgages,documents related to mechanic's liens and other security interests,the Owner's time requirement shall be as follows: (Insert Owner's time requirements.) §3.2 The Contract Time shall be measured from the date of commencement,subject to adjustments of this Contract Time as provided in the Design-Build Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) §3.3 The Design-Builder shall achieve Substantial Completion of the Work not later than days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Design-Build Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's performance of the Design-Build Contract.The Contract Sum shall be one of the following: (Check the appropriate box.) [ X] Stipulated Sum in accordance with Section 4.2 below; [ ] Cost of the Work Plus Design-Builder's Fee in accordance with Section 4.3 below; [ ] Cost of the Work Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance with Section 4.4 below. (Based on the selection above, complete either Section 4.2,4.3 or 4.4 below.) §4.2 STIPULATED SUM §4.2.1 The Stipulated Sum shall be Four Hundred Eighty-one Thousand Eight Hundred Six Dollars and Zero Cents ( $137,490.00 ),subject to additions and deductions as provided in the Design-Build Documents. §4.2.2 The Stipulated Sum is based upon the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner: §4.2.3 Unit prices,if any,are as follows: Description Units Price($0.00) §4.2.4 Allowances,if any,are as follows: (Identify and state the amounts of any allowances, and state whether they include labor, materials, or both) AIA Document A141T"-2004.Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is IRIt. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It, 3 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/20/2009,and is not for resale. User Notes: (1824480950) Allowance Amount($0.00) Included Items §4.2.5 Assumptions or qualifications,if any,on which the Stipulated Sum is based,are as follows: Design fees and preconstruction fees for the community corrections facility. General condition,bond,and OH&P to be applied to the construction phase of the project. §4.3 COST OF THE WORK PLUS DESIGN-BUILDER'S FEE §4.3.1 The Cost of the Work is as defined in Exhibit B. §4.3.2 The Design-Builder's Fee is: (State a lump sum,percentage of Cost of the Work or other provision for determining the Design-Builder's Fee and the method of adjustment to the Fee for changes in the Work) 3.21%on Construction Costs §4.4 COST OF THE WORK PLUS DESIGN-BUILDER'S FEE WITH A GUARANTEED MAXIMUM PRICE §4.4.1 The Cost of the Work is as defined in Exhibit B,plus the Design-Builder's Fee. §4.4.2 The Design-Builder's Fee is: (State a lump sum,percentage of Cost of the Work or other provision for determining the Design-Builder's Fee and the method of adjustment to the Fee for changes in the Work) §4.4.3 GUARANTEED MAXIMUM PRICE §4.4.3.1 The sum of the Cost of the Work and the Design-Builder's Fee is guaranteed by the Design-Builder not to exceed ( $ ),subject to additions and deductions by changes in the Work as provided in the Design-Build Documents. Such maximum sum is referred to in the Design-Build Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design-Builder without reimbursement by the Owner. (Insert specific provisions if the Design-Builder is to participate in any savings.) §4.4.3.2 The Guaranteed Maximum Price is based on the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner: §4.4.3.3 Unit Prices,if any,are as follows: Description Units Price($0.00) §4.4.3.4 Allowances,if any,are as follows: (Identify and state the amounts of any allowances,and state whether they include labor, materials, or both.) Allowance Amount($0.00) Included Items §4.4.3.5 Assumptions,if any,on which the Guaranteed Maximum Price is based,are as follows: (Identify the assumptions on which the Guaranteed Maximum Price is based.) Init. AIA Document A141"r-2004.Copyright®2004 by The American Institute of Architects. All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA® Document,or any portion of it, 4 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/2W2009,and is not for resale. User Notes: (1824480950) §4.5 CHANGES IN THE WORK §4.5.1 Adjustments of the Contract Sum on account of changes in the Work may be determined by any of the methods listed in Article A.7 of Exhibit A,Terms and Conditions. §4.5.2 Where the Contract Sum is the Cost of the Work,with or without a Guaranteed Maximum Price,and no specific provision is made in Sections 4.3.2 or 4.4.2 for adjustment of the Design-Builder's Fee in the case of Changes in the Work,or if the extent of such changes is such,in the aggregate,that application of the adjustment will cause substantial inequity to the Owner or Design-Builder,the Design-Builder's Fee shall be equitably adjusted on the basis of the Fee established for the original Work,and the Contract Sum shall be adjusted accordingly. ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder,the Owner shall make progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the Design-Build Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 Provided that an Application for Payment is received not later than the Thirtieth day of month,the Owner shall make payment to the Design-Builder not later than the Fifteenth day of the following month.If an Application for Payment is received by the Owner after the application date fixed above,payment shall be made by the Owner not later than Fifteen( 15 )days after the Owner receives the Application for Payment. §5.1.4 With each Application for Payment where the Contract Sum is based upon the Cost of the Work,or the Cost of the Work with a Guaranteed Maximum Price,the Design-Builder shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Design-Builder on account of the Cost of the Work equal or exceed(1)progress payments already received by the Design-Builder, less(2)that portion of those payments attributable to the Design-Builder's Fee;plus(3)payrolls for the period covered by the present Application for Payment. §5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price,the Design-Builder shall submit the most recent schedule of values in accordance with the Design-Build Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.Compensation for design services shall be shown separately.Where the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price,the Design-Builder's Fee shall be shown separately.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.This schedule of values,unless objected to by the Owner,shall be used as a basis for reviewing the Design-Builder's Applications for Payment. §5.1.6 In taking action on the Design-Builder's Applications for Payment,the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Sections 5.1.4 or 5.1.5,or other supporting data;to have made exhaustive or continuous on-site inspections;or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid on account of the Agreement. Such examinations,audits and verifications,if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. §5.1.7 Except with the Owner's prior approval,the Design-Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA Document A141Te-2004.Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of It, 5 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/20/2009,and is not for resale. User Notes: (1824480950) §5.2 PROGRESS PAYMENTS-STIPULATED SUM §5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.2.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Ten percent 10.00% )on the Work,other than services provided by design professionals and other consultants retained directly by the Design-Builder.Pending final determination of cost to the Owner of Changes in the Work,amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A, Terms and Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing),less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Owner has withheld payment from or nullified an Application for Payment as provided in Section A.9.5 of Exhibit A,Terms and Conditions. §5.2.3 The progress payment amount determined in accordance with Section 5.2.2 shall be further modified under the following circumstances: .1 add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Owner shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section A.9.8.6 of Exhibit A, Terms and Conditions requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 add,if final completion of the Work is thereafter materially delayed through no fault of the Design- Builder,any additional amounts payable in accordance with Section A.9.10.3 of Exhibit A,Terms and Conditions. §5.2.4 Reduction or limitation of retainage,if any,under Section 5.2.2 shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.2.2.1 and 5.2.2.2 above,and this is not explained elsewhere in the Design- Build Documents, insert here provisions for such reduction or limitation.) reduce to 5%after 50%of construction is completed §5.3 PROGRESS PAYMENTS-COST OF THE WORK PLUS A FEE §5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price,Applications for Payment shall show the Cost of the Work actually incurred by the Design-Builder through the end of the period covered by the Application for Payment and for which Design-Builder has made or intends to make actual payment prior to the next Application for Payment. §5.3.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Exhibit B; .2 Add the Design-Builder's Fee,less retainage of ( % ).The Design-Builder's Fee shall be computed upon the Cost of the Work described in the preceding Section 5.3.2.1 at the rate stated in Section 4.3.2;or if the Design-Builder's Fee is stated as a fixed sum in that section,an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the preceding section bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; Init. AIA Document A141^r-2004.Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA® Document,or any portion of it, 6 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/20/2009,and is not for resale. User Notes: (1824480950) .4 Subtract the shortfall,if any,indicated by the Design-Builder in the documentation required by Section 5.1.4 or resulting from errors subsequently discovered by the Owner's accountants in such documentation;and .5 Subtract amounts,if any,for which the Owner has withheld or withdrawn a Certificate for Payment as provided in the Section A.9.5 of Exhibit A,Terms and Conditions. §5.3.3 Retainage in addition to the retainage stated at Section 5.3.2.2,if any,shall be as follows: §5.3.4 Except with the Owner's prior approval,payments for the Work,other than for services provided by design professionals and other consultants retained directly by the Design-Builder,shall be subject to retainage of not less than ( % ).The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and approval of payments and retention for Contractors. §5.4 PROGRESS PAYMENTS-COST OF THE WORK PLUS A FEE WITH A GUARANTED MAXIMUM PRICE §5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed;or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Design-Builder on account of that portion of the Work for which the Design-Builder has made or intends to make actual payment prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. §5.4.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A,Terms and Conditions; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 Add the Design-Builder's Fee,less retainage of ( % ).The Design-Builder's Fee shall be computed upon the Cost of the Work described in the two preceding sections at the rate stated in Section 4.4.2 or,if the Design-Builder's Fee is stated as a fixed sum in that section,shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in the two preceding sections bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall,if any,indicated by the Design-Builder in the documentation required by Section 5.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's accountants in such documentation;and .6 Subtract amounts,if any,for which the Owner has withheld or nullified a Certificate for Payment as provided in Section A.9.5 of Exhibit A,Terms and Conditions. §5.4.3 Except with the Owner's prior approval,payments for the Work,other than for services provided by design professionals and other consultants retained directly by the Design-Builder, shall be subject to retainage of not less than ( % ).The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and approval of payments and retention for Contractors. §5.5 FINAL PAYMENT §5.5.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Design-Builder no later than 30 days after the Design-Builder has fully performed the Design-Build Contract, including the requirements in Section A.9.10 of Exhibit A,Terms and Conditions,except for the Design-Builder's AIA Document A141"'-2004.Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is Init. protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it, 7 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/20/2009,and is not for resale. User Notes: (1824480950) responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements,if any,which extend beyond final payment. ARTICLE 6 DISPUTE RESOLUTION §6.1 The parties appoint the following individual to serve as a Neutral pursuant to Section A.4.2 of Exhibit A, Terms and Conditions: (Insert the name, address and other information of the individual to serve as a Neutral. If the parties do not select a Neutral, then the provisions of Section A.4.2.2 of Exhibit A, Terms and Conditions, shall apply.) §6.2 If the parties do not resolve their dispute through mediation pursuant to Section A.4.3 of Exhibit A,Terms and Conditions,the method of binding dispute resolution shall be the following: (If the parties do not select a method of binding dispute resolution, then the method of binding dispute resolution shall be by litigation in a court of competent jurisdiction.) (Check one.) [ X] Arbitration pursuant to Section A.4.4 of Exhibit A,Terms and Conditions [ ] Litigation in a court of competent jurisdiction [ ] Other(Specify) §6.3 ARBITRATION §6.3.1 If Arbitration is selected by the parties as the method of binding dispute resolution,then any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration as provided in Section A.4.4 of Exhibit A,Terms and Conditions. ARTICLE 7 MISCELLANEOUS PROVISIONS §7.1 The Architect,other design professionals and consultants engaged by the Design-Builder shall be persons or entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as follows: (Insert name,address, license number, relationship to Design-Builder and other information.) Name and Address License Number Relationship to Other Information Design-Builder Robert Shreve Architect Architects and Planners Drexel Barrel Civil Draht Engineering Structural Western States Mechanical Engineering Moldenhauer Electrical Engineering §7.2 Consultants,if any,engaged directly by the Owner,their professions and responsibilities are listed below: (Insert name, address, license number, if applicable,and responsibilities to Owner and other information.) Name and Address License Number Responsibilities Other Information to Owner §7.3 Separate contractors,if any,engaged directly by the Owner,their trades and responsibilities are listed below: (Insert name,address, license number, if applicable, responsibilities to Owner and other information.) Init. AIA Document A141"-2004.Copyright O2004 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA® Document,or any portion of it, 8 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/2W2009,and is not for resale. User Notes: (1824480950) Name and Address License Number Responsibilities Other Information to Owner §7.4 The Owner's Designated Representative is: (Insert name, address and other information.) Pat Persichino 915 10th Street Greeley,CO §7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with respect to the Project. §7.5 The Design-Builder's Designated Representative is: (Insert name, address and other information.) Curtis Naibauer 2330 4th Avenue Greeley CO 80631 §7.5.1 The Design-Builder's Designated Representative identified above shall be authorized to act on the Design- Builder's behalf with respect to the Project. §7.6 Neither the Owner's nor the Design-Builder's Designated Representative shall be changed without ten days written notice to the other party. §7.7 Other provisions: §7.7.1 Where reference is made in this Agreement to a provision of another Design-Build Document,the reference refers to that provision as amended or supplemented by other provisions of the Design-Build Documents. §7.7.2 Payments due and unpaid under the Design-Build 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.) Ten percent ( 10.00%)per annum (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 Design-Builder'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.) ARTICLE 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS §8.1 The Design-Build Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: §8.1.1 The Agreement is this executed edition of the Standard Form of Agreement Between Owner and Design- Builder,AIA Document A141-2004. §8.1.2 The Supplementary and other Conditions of the Agreement,if any, are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Init. MA Document A74VA-2004.Copyright ®2004 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it, 9 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:46:44 on 10/29/2008 under Order No.1000345187_1 which expires on 3/20/2009,and is not for resale. User Notes: (1824480950) Title of the Supplementary and Other Conditions exhibit: (Table deleted) §8.1.3 The Project Criteria,including changes to the Project Criteria proposed by the Design-Builder,if any,and accepted by the Owner,consist of the following: (Either list applicable documents and their dates below or refer to an exhibit attached to this Agreement.) Title of the Project Criteria exhibit: (Table deleted) §8.1.4 The Design-Builder's Proposal,dated ,consists of the following: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Design-Builder's Proposal: §8.1.5 Amendments to the Design-Builder's Proposal,if any,are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Amendments to Design-Builder's Proposal exhibit: §8.1.6 The Addenda,if any,are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Addenda exhibit: (Table deleted) §8.1.7 Exhibit A,Terms and Conditions. (If the parties agree to substitute terms and conditions other than those contained in AIA Document A141-2004, Exhibit A, Terms and Conditions, then identify such terms and conditions and attach to this Agreement as Exhibit A.) §8.1.8 Exhibit B,Determination of the Cost of the Work,if applicable. (If the parties agree to substitute a method to determine the cost of the Work other than that contained in AIA Document A141-2004,Exhibit B, Determination of the Cost of the Work, then identify such other method to determine the cost of the Work and attach to this Agreement as Exhibit B. If the Contract Sum is a Stipulated Sum, then Exhibit B is not applicable.) §8.1.9 Exhibit C,Insurance and Bonds,if applicable. (Complete AIA Document A141-2004, Exhibit C, Insurance and Bonds or indicate "not applicable.") I not applicable §8.1.10 Other documents,if any,forming part of the Design-Build Documents are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) I Title of the Other Documents exhibit: This Agreement entered into as of the day and year first written above. OWNER(Signature) DESI�yb6 LDER(Signature) I Pat Persichino Gary Shironaka,President (Printed name and title) (Printed name and title) init. AIA Document A141 nr-2004.Copyright Ci 2004 by The American Institute of Architects. All rights reserved. WARNING;This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of it, 10 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:46:44 on 10129/2008 under Order No.1000345187_1 which expires on 3/20/2009,and is not for resale. User Notes: (1824480950) MEMORANDUM To: Board of County Commissioners V Ilos O CC: Don Warden and Pat Persichino From: Monica Daniels-Mika COLORADO Re: Community Corrections Building Bid B0800123 Date: September 29th, 2008 As advertised, this bid is for a design/build project for a Community Correctional facility. The project is proposed to be located within the Weld County Business Park, (933 N. 11th Avenue)and will occupy the site of the existing transit department. The project is proposed to be approximately 35,000 square feet in size and house up to 300 Department of Correction offenders. Preconstruction services will began upon approval by the Board of County Commissioners. Proposed construction will commence in early 2009. It is the intent of staff that a portion of this project be grant funded. All proposals were reviewed based upon a $5,000,000.00 proposed project budget. While there appeared to be some confusion regarding the required elements of this bid there was only a small margin of difference ($11,667) between the two lowest bids submitted. Qualitatively, staff reviewed this bid based upon nine additional criteria all attempting to demonstrate an applicant's proven history and ability to carry out a project of this unique nature. After review of all Evaluation Criteria (see attached) and the General Conditions of the Estimate, staff is recommending acceptance of Growling Bear Company Inc. bid of $481,806 for this project. •• BLEY ASSOCIATES, ARCHITECTS CONSTRUCTTON MANAGEMENT 5312 WEST 9TH STREET DRIVE SnIFF ISO GREELEY, CO 8O631 PH. 97O.33O.3322 FAX 97O.33O.2919 i Project: Weld County Community Corrections To: Weld County Board of Commissioners and Director of Administrative Services From: Loren Bley Date: September 30`h, 2008 Re: Design/Build bid award To Whom It May Concern: After reviewing the proposals submitted we respectfully request that the design/build team Haselden/Bley Associates be given further consideration and award of contract to complete the Weld County Community Corrections project for the following reasons: • The respective bid differential of$77,553 (1.55% of the total const. cost of 5 million) fails to reflect the cost savings that shall be realized during the construction phase of the project with attention to deliverables that are expected in a 60 year life cycle facility. • Proven experience in completing numerous county corrections projects. Both Bley Assoc. and Haselden have experience working with the state D0C on past projects. • Bley Assoc. has extensive experience in working with PUD forensic presentations to approving boards which could be required during the design development phase of this project. • Bley Assoc. and Haselden have a proven track record of completing projects to the detailed requirements of the construction documents on time and within budget. • The design/build team of Bley Assoc. and Haselden is confident they can complete the Community Corrections project at least one month under the design/build timeline outlined in the RFP. • Bley Assoc. has an intimate understanding of the preferred programming elements of Weld County governments and staff through the many projects we have completed for the county; including but not limited to: SE & SW county Service buildings, two phases of the work release program downtown, three phases of the jail, and four phases of courts projects. We respectfully request that the board as a whole meet and review the quality and experienced Bley Assoc./Haselden proposal "that best serves the interest of Weld County." Cc: Haselden Construction, LLC /OA? F/ OO4/7 °Pea-:25d`, VENDOR TOTAL BID Growling Bear Co Inc $481,806 2330 41h Avenue Greeley CO 80631 TCC Corporation $493,473 2900 "F" Street Greeley CO 80634 Haselden Construction LLC $559,359 6950 S Potomac Street Centennial CO 80112 Roche Constructors Inc. $564,761 361 71st Avenue Greeley CO 80634 Sun Construction & Design Services Inc. $582,554 1232 Boston Avenue Longmont CO 80501 FCI Constructors Inc $645,480 4001 N Valley Drive Longmont CO 80504 Alliance Construction Solutions $678,842 2725 Rocky Mnt Ave#100 Loveland CO 80538 Adolfson & Peterson Construction $944,580 797 Ventura Street Aurora CO 80111 Sampson Construction Company $964,800 3730 S 14th Street Lincoln NE 68502 Taylor Kohrs $1,039,434 9351 Grant Street#500 Denver CO 80229 JE Dunn Construction INCOMPLETE BID 2000 S Cob Blvd Suite#12000 Denver CO 80222 (based on 5 million budget) EVALUATION CRITERIA The following criteria were used to evaluate the proposal submitted in response to this Request for Proposal: A. Prior experience of firm and key staff on a similar project. B. Quality and experience of people assigned to the project — project manager, superintendent, etc. C. Current workload, organizational depth and ability to deliver the project within the project's timeframe. D. Demonstrated ability to work with design team providing conceptual estimating, value engineering, constructability and scheduling services. E. Ability to provide the County a GMP for general conditions and/or the entire project and financial strength of the firm to stand behind the GMP. F. Demonstrated ability to construction a project such as this to meet cost,schedule and quality goals. G. Proven track record with job safety. H. Completeness of the response to this RFP. I. Fee proposals and general conditions estimate. WELD COUNTY PURCHASING 1, A 915 10TH Street Greeley CO 80631 E-Mail: mwalters(a2co.weld.co.us kr44 E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext. 4223 or 4222 : Fax: (970) 336-7226 ° t/Ni''C DATE OF BID: September 16`", 2008 REQUEST FOR: Community Corrections "Design Build" DEPARTMENT: Finance Department BID NO: #B0800123 PRESENT DATE: September 17th, 2008 APPROVAL DATE: October 1s`, 2008 (based on 5 million budget) VENDOR TOTAL BID Growling Bear Co Inc $481,806 2330 4th Avenue Greeley CO 80631 TCC Corporation $493,473 2900"F"Street Greeley CO 80634 Haselden Construction LLC $559,359 6950 S Potomac Street Centennial CO 80112 Roche Constructors Inc. $564,761 361 71st Avenue Greeley CO 80634 Sun Construction & Design Services Inc. $582,554 1232 Boston Avenue Longmont CO 80501 FCI Constructors Inc $645,480 4001 N Valley Drive Longmont CO 80504 Alliance Construction Solutions $678,842 2725 Rocky Mnt Ave#100 Loveland CO 80538 Adolfson & Peterson Construction $944,580 797 Ventura Street Aurora CO 80111 Sampson Construction Company $964,800 3730 S 1e Street Lincoln NE 68502 Taylor Kohrs $1,039,434 9351 Grant Street#500 Denver CO 80229 JE Dunn Construction INCOMPLETE BID 2000 S Cob Blvd Suite#12000 Denver CO 80222 Bids are being reviewed at this time. 0v1/4 WELD COUNTY PURCHASING fj 915 10TH Street Greeley CO 80631 E-Mail: mwalters(cilco.weld.co.us r E-mail: reverettc(ilco.weld.co.us O 4 Phone: (970)356-4000, Ext. 4223 or 4222 RR Fax: (970) 336-7226 DATE OF BID: September 16`h, 2008 REQUEST FOR: Community Corrections "Design Build" DEPARTMENT: Finance Department BID NO: #B0800123 PRESENT DATE: September 17`h, 2008 APPROVAL DATE: October 1", 2008 VENDORS FCI Constructors Inc. TCC Corporation 4001 N Valley Drive 2900 F Street Longmont CO 80504 Greeley CO 80634 JE Dunn Construction Adolfson & Peterson Construction 2000 S Colo Blvd Suite #12000 797 Ventura Street Denver CO 80222 Aurora CO 80111 Taylor Kohrs Alliance Construction Solutions 9351 Grant Street#500 2725 Rocky Mnt Avenue #100 Denver CO 80229 Loveland CO 80538 Roche Constructors Inc. Growling Bear Co Inc 361 71 Avenue 2330 4 Avenue Greeley CO 80634 Greeley CO 80631 Sun Construction & Design Services Inc. Haselden Construction LLC 1232 Boston Avenue 6950 S Potomac Street Longmont CO 80501 Centennial CO 80112 Sampson Construction Company 3730 S 14th Street Lincoln NE 68502 Bids are being reviewed at this time. The total bids will be given to the Board as well as put on website. F t occ ] in bon tact% - T5ce'1 Page 1 of 1 Jennifer VanEgdom From: Marcia Walters Sent: Thursday, September 25, 2008 2:10 PM To: Jennifer VanEgdom Cc: Monica Mika Subject: update on Community Corrections Attachments: COMMUNITY CORRECTIONS BLDG.pricing.123.doc Hey Jenny, Here is the present with the pricing on it for the Community Corrections-Design Build. Do you want to update the Commissioner's copy for me? When I presented this last Wed. it didn't have pricing on it. This is up for approval on Wed. Oct 1st and Monica is working on the approval letter right now. Thanks! Marcia Walters:) Weld County Purchasing 970-356-4000 x4223 (f)970-336-7226 9/25/2008 Hello