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Home My WebLink About20012901 RESOLUTION RE: APPROVE STANDARD FORM AGREEMENT FOR NORTH JAIL COMPLEX EXPANSION AND LAW ENFORCEMENT ADMINISTRATION FACILITY AND AUTHORIZE CHAIR TO SIGN - ROCHE CONSTRUCTORS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Standard Form Agreement for the North Jail Complex Expansion and Law Enforcement Administration Facility between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Roche Constructors, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Standard Form Agreement for the North Jail Complex Expansion and Law Enforcement Administration Facility between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County and Roche Constructors, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of October, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: atil 114,O • J/.� M. J. ile, Chair, Weld County Clerk tot O it*? j ct4 3 w/ Glenn Vaad, - em BY: Ja Deputy Clerk to the Boa Willia . Jerke APP D A F�M: v E. Long ounty i\tto ey bey` Robe D. Masden Date of signature: 2001-2901 e` Pit eic, F! PR0022 AIA Document A121/CMc and AGC Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is also THE CONSTRUCTOR 1991 Edition- Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is referred to herein. This Agreement requires modification if other general conditions are utilized. Portions of this document are derived from AIA Document A111, Standard Form of Agreement Between the Owner and Contractor where the Basis of Payment is the Cost of the Work Plus a Fee, copyright 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 0 1987 by The American Institute of Architects; other portions are derived from AGC Document 500. Copyright 1980 by The Associated General Contractors of American. Material in this document differing from that found in AIA Document A111 and AGC Document 500 is copyrighted 1991 by The American Institute of Architects and The Associated General Contractors of America. Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA and AGC violates the copyright laws of the United States and will subiect the violator to legal prosecution. AGREEMENT made as of the 18thday of September in the year of 2001 (In words,indicate day,month and year) BETWEEN the Owner: (Name and address) Weld County. Colorado 915 10th Street Greeley. Colorado 80631 and the Construction Manager: (Name and address) Roche Constructors. Inc. Post Office Box 1727 Greeley, Colorado 80632 The Project is: (Name,address and brief description) Weld County North Jail Complex Expansion & Law Enforcement Administration Facility 11th Avenue & O Street Greeley. Colorado The Architect is: (Name and address) Bley Associates 2020 Clubhouse Drive Greeley. Colorado 80634 The Owner and Construction Manager agree as set forth below. Table of Contents ® 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document: aia121 weld county jail.aia--10/5/2001. AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 2001-2901 • • 'administration and management services and use the When Project requirements described in Subparagraph 3.1.1 Construction Manager's best efforts to perform the Project in have been sufficiently identified, the Construction Manager an expeditious and economical manner consistent with the shall prepare, and periodically update, a preliminary Project interests of the Owner. The Owner shall endeavor to promote schedule for the Architect's review and the Owner's approval. harmony and cooperation among the Owner, Architect, The Construction Manager shall obtain the Architect's Construction Manager and other persons or entities employed approval of the portion of the preliminary Project schedule by the Owner for the Project. relating to the performance of the Architect's services. The Construction Manager shall coordinate and integrate the 1.2 GENERAL CONDITIONS preliminary Project schedule with the services and activities of the Owner, Architect and Construction Manager. As design For the Construction Phase, the General Conditions of the proceeds, the preliminary Project schedule shall be updated to Contract shall be the 1987 Edition of AIA Document A2o1, indicate proposed activity sequences and durations, milestone General Conditions of the Contract for Construction,which is dates for receipt and approval of pertinent information, incorporated herein by reference. For the Preconstruction submittal of a Guaranteed Maximum Price proposal, Phase, or in the event that the Preconstruction and preparation and processing of shop drawings and samples, Construction Phases proceed concurrently, AIA Document delivery of materials or equipment requiring long-lead time Azol shall apply to the Preconstruction Phase only as procurement, Owner's occupancy requirements showing specifically provided in this Agreement. The term "Contractor" portions of the Project having occupancy priority, and as used in AIA Document Azol shall mean the Construction proposed date of Substantial Completion. If preliminary Manager. Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager shall ARTICLE 2 make appropriate recommendations to the Owner and CONSTRUCTION MANAGER'S Architect. RESPONSIBILITIES 2.1.4 PHASED CONSTRUCTION The Construction Manager shall perform the services described The Construction Manager shall make recommendations to the in this Article.The services to be provided under Paragraphs 2.1 Owner and Architect regarding the phased issuance of and 2.2 constitute the Preconstruction Phase services. If the Drawings and Specifications to facilitate phased construction Owner and Construction Manager agree, after consultation of the Work, if suchphased construction is appropriate for the with the Architect, the Construction Phase may commence PPro P Project, taking into consideration such factors as economies, before the Preconstruction Phase is completed, in which case time of performance, availability of labor and materials, and both phases shall proceed concurrently. provisions for temporary facilities. 2.1 PRECONSTRUCTION PHASE 2.1.5 PRELIMINARY COST ESTIMATES 2.1.1 PRELIMINARY EVALUATION 2.1.5.1 When the Owner has sufficiently identified the Project The Construction Manager shall provide a preliminary requirements and the Architect has prepared other basic design evaluation of the Owner's program and Project budget criteria,the Construction Manager shall prepare, for the review of the Architect and approval of the Owner, a preliminary cost requirements,each in terms of the other. estimate utilizing area,volume or similar conceptual estimating 2.1.2 CONSULTATION techniques. The Construction Manager with the Architect shall jointly 2.1.5.2 When Schematic Design Documents have been schedule and attend regular meetings with the Owner and prepared by the Architect and approved by the Owner, the Architect. The Construction Manager shall consult with the Construction Manager shall prepare for the review of the Owner and Architect regarding site use and improvements,and Architect and approval of the Owner, a more detailed estimate the selection of materials,building systems and equipment.The with supporting data. During the preparation of the Design Construction Manager shall provide recommendations on Development Documents, the Construction Manager shall construction feasibility; actions designed to minimize adverse update and refine this estimate at appropriate intervals agreed effects of labor or material shortages; time requirements for to by the Owner,Architect and Construction Manager. procurement, installation and construction completion; and factors related to construction cost including estimates of 2.1.5.3 When Design Development Documents have been alternative designs or materials, preliminary budgets and prepared by the Architect and approved by the Owner, the possible economies. Construction Manager shall prepare a detailed estimate with supporting data for review by the Architect and approval by the 2.1.3 PRELIMINARY PROJECT SCHEDULE Owner. During the preparation of the Construction Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, m 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - O 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia--10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 3 • ARTICLE 6 COST OF THE WORK FOR ARTICLE 1 GENERAL PROVISIONS CONSTRUCTION PHASE 1.1 Relationship of Parties 6.1 Costs To Be Reimbursed 1.2 General Conditions 6.2 Costs Not To Be Reimbursed 6.3 Discounts,Rebates and Refunds ARTICLE 2 CONSTRUCTION MANAGER'S 6.4 Accounting Records RESPONSIBILITIES 2.1 Preconstruction Phase 2.2 Guaranteed Maximum Price Proposal and Contract Time ARTICLE 7 CONSTRUCTION PHASE 2.3 Construction Phase 7.1 Progress Payments 2.4 Professional Services 7.2 Final Payment 2.5 Unsafe Materials ARTICLE 8 INSURANCE AND BONDS 8.1 Insurance Required of the Construction ARTICLE 3 OWNER'S RESPONSIBILITIES Manager 3.1 Information and Services 8.2 Insurance Required of the Owner 3.2 Owner's Designated Representative 8.3 Performance Bond and Payment Bond 3.3 Architect 3.4 Legal Requirements ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Dispute Resolution for the Preconstruction Phase ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRE- 9.2 Dispute Resolution for the Construction Phase CONSTRUCTION PHASE SERVICES 4.1 Compensation 9.3 Other Provisions 4.2 Payments ARTICLE 10 TERMINATION OR SUSPENSION ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE 10.1 Termination Prior to Establishing Guaranteed SERVICES Maximum Price 5.1 Compensation 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price 5.2 Guaranteed Maximum Price 10.3 Suspension 5.3 Changes in the Work ARTICLE 11 OTHER CONDITIONS AND SERVICES Attachments: AMENDMENT NO. 1 to Agreement Between Owner and Construction Manager Standard Form of Agreement Between Owner and Construction Manager Where the Construction Manager is also the Constructor ARTICLE 1 The Construction Manager accepts the relationship of trust and GENERAL PROVISIONS confidence established with the Owner by this Agreement, and covenants with the Owner to furnish the Construction 1.1 RELATIONSHIP OF PARTIES Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction ® 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 • • 'Architect and Construction Manager. Documents regarding equal employment opportunity and affirmative action programs. 2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the 2.2 GUARANTEED MAXIMUM PRICE Construction Manager shall make appropriate PROPOSAL AND CONTRACT TIME recommendations to the Owner and Architect. 2.2.1 When the Drawings and Specifications are sufficiently 2.1.6 SUBCONTRACTORS AND SUPPLIERS complete, the Construction Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the The Construction Manager shall seek to develop subcontractor estimated Cost of the Work and the Construction Manager's interest in the Project and shall furnish to the Owner and Fee. Architect for their information a list of possible subcontractors, including suppliers who are to furnish materials or equipment 2.2.2 As the Drawings and Specifications may not be fabricated to a special design, from whom proposals will be finished at the time the Guaranteed Maximum Price proposal is requested for each principal portion of the Work.The Architect prepared, the Construction Manager shall provide in the will promptly reply in writing to the Construction Manager if Guaranteed Maximum Price for further development of the the Architect or Owner know of any objection to such Drawings and Specifications by the Architect that is consistent subcontractor or supplier. The receipt of such'list shall not with the Contract Documents and reasonably inferable require the Owner or Architect to investigate the qualifications therefrom. Such further development does not include such of proposed subcontractors or suppliers, nor shall it waive the things as changes in scope, systems, kinds and quality of right of the Owner or Architect later to object to or reject any materials, finishes or equipment, all of which,if required,shall proposed subcontractor or supplier. be incorporated by Change Order. 2.1.7 LONG-LEAD TIME ITEMS 2.2.3 The estimated Cost of the Work shall include the The Construction Manager shall recommend to the Owner and Construction Manager's contingency, a sum established by the Architect a schedule for procurement of long-lead time items exclusive tion Conssiv Manager for the Construction Manager's use to cover costs arising under Subparagraph which will constitute part of the Work as required to meet the Project schedule. If such long-lead time items are procured by 2.2.2 and other costs which are properly reimbursable as Cost the Owner, they shall be procured on terms and conditions acceptable to the Construction Manager. Upon the Owner's of the Work but not the basis for a Change Order. acceptance of the Construction Manager's Guaranteed 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE Maximum Price proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager,who shall accept responsibility for such items as if procured by the The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which Construction Manager. The Construction Manager shall expedite the delivery of long-lead time items. shall include: 2.1.8 EXTENT OF RESPONSIBILITY .1 A list of the Drawings and Specifications,including all addenda thereto and the Conditions of the Contract, The Construction Manager does not warrant or guarantee which were used in preparation of the Guaranteed estimates and schedules except as may be included as part of Maximum Price proposal. the Guaranteed Maximum Price. The recommendations and advice of the Construction Manager concerning design .2 A list of allowances and a statement of their basis. alternatives shall be subject to the review and approval of the Owner and the Owner's professional consultants. It is not the .3 A list of the clarifications and assumptions made by Construction Manager's responsibility to ascertain that the the Construction Manager in the preparation of the Drawings and Specifications are in accordance with applicable Guaranteed Maximum Price proposal to supplement laws,statutes,ordinances,building codes,rules and regulations. the information contained in the Drawings and However,if the Construction Manager recognizes that portions Specifications. of the Drawings and Specifications are at variance therewith, the Construction Manager shall promptly notify the Architect .4 The proposed Guaranteed Maximum Price, including and Owner in writing. a statement of the estimated cost organized by trade categories, allowances, contingency, and other items 2.1.9 EOUAL EMPLOYMENT OPPORTUNITY and the fee that comprise the Guaranteed Maximum AND AFFIRMATIVE ACTION Price. The Construction Manager shall comply with applicable laws, .5 The Date of Substantial Completion upon which the regulations and special requirements of the Contract proposed Guaranteed Maximum Price is based, and a m 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - m 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia--10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 4 • schedule of the Construction Documents issuance (2) the Owner's first authorization to the dates upon which the date of Substantial Completion Construction Manager to: is based. (a) award a subcontract,or (b) undertake construction Work with the 2.2.5 The Construction Manager shall meet with the Owner Construction Manager's own forces,or and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that (c) issue a purchase order for materials or the Owner or Architect discovers any inconsistencies or equipment required for the Work. inaccuracies in the information presented, they shall promptly 2.3.2 ADMINISTRATION notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis or both. 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction 2.2.6 Unless the Owner accepts the Guaranteed Maximum Manager's own personnel shall be performed under Price proposal in writing on or before the date specified in the subcontracts or by other appropriate agreements with the proposal for such acceptance and so notifies the Construction Construction Manager.The Construction Manager shall obtain Manager,the Guaranteed Maximum Price proposal shall not be bids from Subcontractors and from suppliers of materials or effective without written acceptance by the 'Construction equipment fabricated to a special design for the Work from the Manager. list previously reviewed and, after analyzing such bids, shall deliver such bids to the Owner and Architect.The Owner shall 2.2.7 Prior to the Owner's acceptance of the Construction then determine, with the advice of the Construction Manager Manager's Guaranteed Maximum Price proposal and issuance and subject to the reasonable objection of the Architect,which of a Notice to Proceed, the Construction Manager shall not bids will be accepted. The Owner may designate specific incur any cost to be reimbursed as part of the Cost of the Work, persons or entities from whom the Construction Manager shall except as the Owner may specifically authorize in writing. obtain bids; however, if the Guaranteed Price has been established,the Owner may not prohibit the Co Construction Manager from obtaining bids from other qualified bidders.The 2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal,the Guaranteed Maximum Price and anyoConsne to on whomMa the er shall not be required to contract sreasonable e P P Construction Manager has reasab its basis shall be set forth in Amendment No.1.The Guaranteed objection. Maximum Price shall be subject to additions and deductions by a change in the Work as provided in the Contract Documents 2.3.2.2 If the Guaranteed Maximum Price has been and the date of Substantial Completion shall be subject to established and a specific bidder among those whose bids are adjustment as provided in the Contract Documents. delivered by the Construction Manager to the Owner and Architect (i) is recommended to the Owner by the 2.2.9 The Owner shall authorize and cause the Architect to Construction Manager; (2) is qualified to perform that portion revise the Drawings and Specifications to the extent necessary of the Work; (3) has submitted a bid which conforms to the to reflect the agreed-upon assumptions and clarifications requirements of the Contract Documents without reservations contained in Amendment No. 1. Such revised Drawings and or exceptions, but the Owner requires that another bid be Specifications shall be furnished to the Construction Manager accepted, then the Construction Manager may require that a in accordance with schedules agreed to by the Owner,Architect change in the Work be issued to adjust the Contract Time and and Construction Manager. The Construction Manager shall the Guaranteed Maximum Price by the difference between the promptly notify the Architect and Owner if such revised bid of the person or entity recommended to the Owner by the Drawings and Specifications are inconsistent with the agreed- Construction Manager and the amount of the subcontract or upon assumptions and clarifications. other agreement actually signed with the person or entity designated by the Owner. 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at the 2.3.2.3 Subcontracts and agreements with suppliers time the Guaranteed Maximum Price is established. furnishing materials or equipment fabricated to a special design shall conform to the payment provisions of Subparagraphs 7.1.8 2.3 CONSTRUCTION PHASE and 7.1.9 and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. 2.3.1 GENERAL 2.3.2.4 The Construction Manager shall schedule and 2.3.1.1 The Construction Phase shall commence on the conduct meetings at which the Owner,Architect,Construction earlier of: Manager and appropriate Subcontractors can discuss the status (1) the Owner's acceptance of the Construction of the Work. The Construction Manager shall prepare and Manager's Guaranteed Maximum Price proposal and promptly distribute meeting minutes. issuance of a Notice to Proceed,or 0 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - 0 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below. expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 • • 2.3.2.5 Promptly after the Owner's acceptance of the objection to the persons or entities proposed by the Owner. If Guaranteed Maximum Price proposal, the Construction either the Construction Manager or Architect has an objection Manager shall prepare a schedule in accordance with Paragraph to a person or entity proposed by the Owner, the Owner shall 3.Io of AIA Document Azol, including the Owner's occupancy propose another to whom the Construction Manager and requirements. Architect have no reasonable objection. 2.3.2.6 The Construction Manager shall provide monthly ARTICLE 3 written reports to the Owner and Architect on the progress of OWNER'S RESPONSIBILITIES the entire Work. The Construction Manager shall maintain a daily log containing a record of weather, Subcontractors 3.1 INFORMATION AND SERVICES working on the site, number of workers, Work accomplished, problems encountered and other similar relevant data as the 3.1.1 The Owner shall provide full information in a timely Owner may reasonably require. The log shall be available to the manner regarding the requirements of the Project, including a Owner and Architect. program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships, 2.3.2.7 The Construction Manager shall develop a system flexibility and expandability requirements, special equipment of cost control for the Work, including regular monitoring of and systems,and site requirements. actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction 3.1.2 The Owner, upon written request from the Manager shall identify variances between actual and estimated Construction Manager, shall furnish evidence of Project costs and report the variances to the Owner and Architect at financing prior to the start of the Construction Phase and from regular intervals. time to time thereafter as the Construction Manager may request. Furnishing of such evidence shall be a condition 2.4 PROFESSIONAL SERVICES precedent to commencement or continuation of the Work. The Construction Manager shall not be required to provide 3.1.3 The Owner shall establish and update an overall professional services which constitute the practice, of budget for the Project, based on consultation with the architecture or engineering, unless such services are specifically Construction Manager and Architect, which shall include required by the Contract Documents for a portion of the Work contingencies for changes in the Work and other costs which or unless the Construction Manager has specifically agreed in are the responsibility of the Owner. writing to provide such services. In such event, the Construction Manager shall cause such services to be 3.1.4 STRUCTURAL AND ENVIRONMENTAL performed by appropriately licensed professionals. TESTS, SURVEYS AND REPORTS 2.5 UNSAFE MATERIALS In the Preconstruction Phase, the Owner shall furnish the following In addition to the provisions of Paragraph to.t in AIA with reasonable promptness and at the Owner's Document Azot, if reasonable precautions will be inadequate to expense,and the Construction Manager shall be entitled to rely prevent foreseeable bodily injury or death to persons resulting upon the accuracy of any such information, reports, surveys, from a material or substance encountered but not created on drawings and tests described in Clauses 3.1.4.1 through 3.1.4.4, the site by the Construction Manager, the Construction except to the extent that the Construction Manager knows of Manager shall, upon recognizing the condition, immediately any inaccuracy: stop Work in the affected area and report the condition to the 3.1.4.1 Reports, surveys, drawings and tests concerning the Owner and Architect in writing. The Owner, Construction P y g Manager and Architect shall then proceed in the same manner conditions of the site which are required by law. described in Subparagraph io.1.2 of AIA Document Awl. The Owner shall be responsible for obtaining the services of a 3.1.4.2 Surveys describing physical characteristics, legal licensed laboratory to verify the presence or absence of the limitations and utility locations for the site of the Project,and a material or substance reported by the Construction Manager written legal description of the site. The surveys and legal and, in the event such material or substance is found to be information shall include, as applicable, grades and lines of present, to verify that it has been rendered harmless. Unless streets, alleys, pavements and adjoining property and otherwise required by the Contract Documents, the Owner structures; adjacent drainage; rights-of-way, restrictions, shall furnish in writing to the Construction Manager and easements, encroachments, zoning, deed restrictions, Architect the names and qualifications of persons or entities boundaries and contours of the site; locations, dimensions and who are to perform tests verifying the presence or absence of necessary data pertaining to existing buildings, other such material or substance or who are to perform the task of improvements and trees; and information concerning available removal or safe containment of such material or substance.The utility services and lines, both public and private, above and Construction Manager and Architect will promptly reply to the below grade, including inverts and depths. All information on Owner in writing stating whether or not either has reasonable the survey shall be referenced to a project benchmark. 0 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - 0 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below. expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 6 or Work of the Construction Manager. 3.1.4.3 The services of geotechnical engineers when such services are requested by the Construction Manager. Such 3.3 ARCHITECT services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, The Owner shall retain an Architect to provide the Basic evaluations of hazardous materials, ground corrosion and Services,including normal structural, mechanical and electrical resistivity tests, including necessary operations for anticipating engineering services, other than cost estimating services, subsoil conditions, with reports and appropriate professional described in the edition of AIA Document B141 current as of the recommendations. date of this Agreement. The Owner shall authorize and cause the Architect to provide those Additional Services described in 3.1.4.4 Structural, mechanical, chemical, air and water AIA Document B141 requested by the Construction Manager pollution tests, tests for hazardous materials, and other which must necessarily be provided by the Architect for the laboratory and environmental tests, inspections and reports Preconstruction and Construction Phases of the Work. Such which are required by law. services shall be provided in accordance with time schedules agreed to by the Owner,Architect and Construction Manager. 3.1.4.5 The services of other consultants when such services Upon request of the Construction Manager, the Owner shall are reasonably required by the scope of the Project and are furnish to the Construction Manager a copy of the Owner's requested by the Construction Manager. Agreement with the Architect, from which compensation provisions may be deleted. 3.2 OWNER'S DESIGNATED REPRESENTATIVE 3.4 LEGAL REQUIREMENTS The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all The Owner shall determine and advise the Architect and matters requiring the Owner's approval or authorization. This Construction Manager of any special legal requirements representative shall have the authority to make decisions on relating specifically to the Project which differ from those behalf of the Owner concerning estimates and schedules, generally applicable to construction in the jurisdiction of the construction budgets, and changes in the Work, and shall Project. The Owner shall furnish such legal services as are render such decisions promptly and furnish information necessary to provide the information and services required expeditiously, so as to avoid unreasonable delay in the services under Paragraph 3.1. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Preconstruction Phase services as follows: 4.1 COMPENSATION 4.1.1 For the services described in Paragraphs 2.1 and 2.2 the Construction Manager's compensation shall be calculated as follows: (State basis of compensation,whether a stipulated sum,multiple of Direct Personnel Expense,actual cost,etc.Include a statement ofreimbursable cost items as applicable.) There will be no compensation for preconstruction phase services. 4.1.2 Compensation for Preconstruction Phase services shall be equitably adjusted if such services extend beyond from the date of this Agreement or if the originally contemplated scope of services is significantly modified. 4.1.3 If compensation is based on a multiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged in the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,vacations,pensions and similar contributions and benefits. 4.2 PAYMENTS 4.2.1 Payments shall be made monthly following presentation of the Construction Manager's invoice and,where applicable,shall be in proportion to services performed. 4.2.2 Payments are due and payable n/a 0 days from the date the Construction Manager's invoice is received by the Owner. Amounts unpaid after the date on which payment is due shall bear interest at the rate entered below, or in the absence thereof, at the ® 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 •legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon.) (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 Construction Manager'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 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Construction Manager for Construction Phase services as follows: 5.1 COMPENSATION 5.1.1 For the Construction Manager's performance of the Work as described in Paragraph 2.3,the Owner shall pay the Construction Manager in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 7 and the Construction Manager's Fee determined as follows: (State a lump sum,percentage of actual Cost of the Work or other provision for determining the Construction Manager's Fee,and explain how the Construction Manager's Feels to be adjusted for changes in the Work) The general conditions cost shall be$414.000.00. and the 4%fee shall be aoolied to the general conditions cost and the cost of the work. 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction Manager not to exceed the amount provided in Amendment No. 1, subject to additions and deductions by changes in the Work as provided in the Contract Documents.Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price.Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) 5.3 CHANGES IN THE WORK 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Amendment No.I may be determined by any of the methods listed in Subparagraph 7.3.3 of AIA Document A2o1. 5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 of AIA Document Alm and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of AIA Document Alm shall have the meanings assigned to them in that document and shall not be modified by this Article 5.Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document A2ox shall mean the Cost of the Work as defined in Article 6 of this Agreement and the terms"and a reasonable allowance for overhead and profit"shall mean the Construction Manager's Fee as defined in Subparagraph 5.1.1 of this Agreement. 5.3.4 If no specific provision is made in Subparagraph 5.1.1 for adjustment of the Construction Manager'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 provisions of Subparagraph 5.1.1 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the basis of the fee established for the original Work. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 COSTS TO BE REIMBURSED 6.1.1 The term "Cost of the Work"shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the to 1991 - THE AMERICAN INSTITUTE or ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 8 . • Owner.The Cost of the Work shall include only the items set forth in this Article 6. 6.1.2 LABOR COSTS .1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or,with the Owner's agreement,at off-site workshops. .2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (lilt is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal office or offices other than the site office shall be included in the Cost of the Work,such personnel shall be identified below.) The Project Manager shall be chargeable only while at the site, and the Project Administrator stationed at the General Contractor's principle office shall be chargeable only while working on this project. .3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged,at factories,workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. .4 Costs paid or incurred by the Construction Manager for taxes,insurance,contributions,assessments and benefits required by law or collective bargaining agreements,and,for personnel not covered by such agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided that such costs are based on wages and salaries included in the Cost of the Work under Clauses 6.1.2.1 through 6.1.2.3. 6.1.3 SUBCONTRACT COSTS Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. .2 Costs of materials described in the preceding Clause 6.1.4.1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any,shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 6.1.5 COSTS OF OTHER MATERIALS AND EOUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers,which are provided by the Construction Manager at the site and fully consumed in the performance of the Work;and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value. .2 Rental charges for temporary facilities,machinery,equipment,and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. Construction Manager's standard rental rate schedule. .3 Costs of removal of debris from the site. .4 Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls, postage and express delivery charges,telephone service at the site and reasonable petty cash expenses of the site office. .5 That portion of the reasonable travel and subsistence expenses of the Construction Manager's personnel incurred while traveling in discharge of duties connected with the Work. 1991 - THE AMERICAN INSTIL U1E OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 9 • • 6.1.6 MISCELLANEOUS COSTS .1 That portion directly attributable to this Contract of premiums for insurance and bonds. (If charges for self insurance are to be included,specify the basis of reimbursement) General Liability Insurance .2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Construction Manager is liable. .3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. .4 Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Clause 6.1.8.2. .5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.17.1 of AIA Document Azo1 or other provisions of the Contract Documents. .6 Data processing costs related to the Work. .7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement. .8 Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager in the performance of the Work and with the Owner's written permission,which permission shall not be unreasonably withheld. .9 Expenses incurred in accordance with the Construction Manager's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel from distant locations. 6.1.7 OTHER COSTS .1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property,as provided in Paragraph 10.3 of AIA Document A2o1. .2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement of the Construction Manager or the Construction Manager's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager's personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance,Subcontractors or suppliers. © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below. expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 6.1.9 The costs described in Subparagraphs 6.1.1 through 6.1.8 shall be included in the Cost of the Work notwithstanding any provision of AIA Document Azo1 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Paragraph 6.2. 6.2 COSTS NOT TO BE REIMBURSED 6.2.1 The Cost of the Work shall not include: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office,except as specifically provided in Clauses 6.1.2.2 and 6.1.2.3. .2 Expenses of the Construction Manager's principal office and offices other than the site office except as specifically provided in Paragraph 6.1. .3 Overhead and general expenses,except as maybe expressly included in Paragraph 6.1. .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work .5 Rental costs of machinery and equipment,except as specifically provided in Subparagraph 6.1.5.2. .6 Except as provided in Clause 6.1.8.2, costs due to the negligence of the Construction Manager or to the failure of the Construction Manager to fulfill a specific responsibility to the Owner set forth in this Agreement. .7 Costs incurred in the performance of Preconstruction Phase Services. .8 Except as provided in Clause 6.1.7.1,any cost not specifically and expressly described in Paragraph 6.1. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. 6.3 DISCOUNTS, REBATES AND REFUNDS 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefor from the Owner,or (2) the Owner has deposited funds with the Construction Manager with which to make payments;otherwise,cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. 6.4 ACCOUNTING RECORDS 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Construction Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE 7.1 PROGRESS PAYMENTS 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as ® 1991 - 1HE AMERICAN INS IIUTE OF ARCHIjEC1S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia--10/5/2001. AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 provided below and elsewhere in the Contract Documents. 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows 7.1.3 Provided an Application for Payment is received by the Architect not later than the last day of a month,the Owner shall make payment to the Construction Manager not later than the 15th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 15 days after the Architect receives the Application for Payment. 7.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (1) progress payments already received by the Construction Manager; less (2) that portion of those payments attributable to the Construction Manager's Fee; plus(3)payrolls for the period covered by the present Application for Payment. 7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage completion shall be the lesser of(0 the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager 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. 7.1.7 Subject to other provisions of the Contract 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 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 may be included as provided in Subparagraph 7.3.7 of AIA Document A2o1, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .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 Construction Manager's Fee, less retainage of ten percent (10%). The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Subparagraph 5.1.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Subparagraph, shall be an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the two preceding Clauses 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 Construction Manager in the documentation required by Subparagraph 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. .6 Subtract amounts,if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2ot. - A AN IN 1 5N Y R AV NU , N. ., AN N, D. . -5 92. AIA UM NT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the MA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia12l weld county jail.aia--10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 • 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall he subject to retention of not less than ten percent (10%). The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. 7.1.9 Except with the Owner's prior approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Subparagraph 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. 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. 7.2 FINAL PAYMENT 7.2.1 Final payment shall be made by the Owner to the Construction Manager when(1)the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work, as provided in Subparagraph 12.2.2 of AIA Document Alm,and to satisfy other requirements,if any,which necessarily survive final payment;(2)a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect;such final payment shall be made by the Owner not more than 3o days after the issuance of the Architect's final Certificate for Payment,or as follows: 7.2.2 The amount of the final payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Construction Manager's final accounting and the Construction Manager's Fee;but not more than the Guaranteed Maximum Price. .2 Subtract amounts,if any,for which the Architect withholds,in whole or in part,a final Certificate for Payment as provided in Subparagraph 9.5.1 of AIA Document A2o1 or other provisions of the Contract Documents. .3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the difference to the Owner. 7.2.3 The Owner's accountants will review and report in writing on the Construction Manager's final accounting within 3o days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Subparagraph 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Subparagraph 9.5.1 of AIA Document A2oi. The time periods stated in this Paragraph 7.2 supersede those stated in Subparagraph 9.4.1 of AIA Document A2o1. 7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect. Unless agreed to otherwise, a demand for mediation or arbitration of the disputed amount shall be made by the Construction Manager within 6o days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such demand within this 6o-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. 7.2.5 If,subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Paragraph 6.1 and not excluded by Paragraph 6.2 (1) to correct nonconforming Work, or (2) arising from the resolution of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee,if any, related thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the ® 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - m 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia--10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project,the Construction Manager shall purchase and maintain insurance as set forth in Paragraph tt.i of AIA Document Amt.Such insurance shall be written for not less than the following limits,or greater if required by law: 8.1.1 Workers'Compensation and Employers'Liability meeting statutory limits mandated by State and Federal laws.If(t)limits in excess of those required by statute are to be provided or(a)the employer is not statutorily bound to obtain such insurance coverage or (3)additional coverages are required,additional coverages and limits for such insurance shall be as follows: 8.1.2 Commercial General Liability including coverage for Premises-Operations, Independent Contractors' Protective, Products- Completed Operations, Contractual Liability, Personal Injury, and Broad Form Property Damage (including coverage for Explosion, Collapse and Underground hazards) $1.000.000 Each Occurrence $2.000.000 General Aggregate $1.000.000 Personal and Advertising Injury $2.000.000 Products-Completed Combined with Products-Completed Operations Aggregate .1 The policy shall be endorsed to have the General Aggregate apply to this Project only. .2 Products and Completed Operations insurance shall be maintained for a minimum period of at least year(s) after either 90 days following Substantial Completion or final payment,whichever is earlier. .3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in AIA Document Azot under Paragraph 3.18. 8.1.3 Automobile Liability(owned,non-owned and hired vehicles) for bodily injury and property damage: $ 1.000.000 Each Accident 8.1.4 Other coverage: (If Umbrella Excess Liability coverage is required over the primary insurance or retention,insert the coverage limits.Commercial General Liability and Automobile Liability limits may be attained bvindividual policies or by a combination of primary policies and Umbrella and/or Excess Liabilitypolicis.) 8.2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance, including waivers of subrogation,as set forth in Paragraphs 11.2 and 11.3 of AIA Document Azo1.Such insurance shall be written for not less than the following limits,or greater if required by law: 8.2.1 Property Insurance: $1.000 Deductible Per Occurrence Aggregate Deductible 8.2.2 Boiler and Machinery insurance with a limit of: (If not a blanket policy,list the objects to be insured.) ® 1991 - THE AMERICAN INStITUTE OF ARCHIIECrS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia--10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 4 • 8.3 PERFORMANCE BOND AND PAYMENT BOND 8.3.1 The Construction Manager Shall (Insert "shall"or "shall not") furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Construction Manager's usual source and the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to one hundred percent (100%) of the Contract Sum. 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three days before the commencement of any Work at the Project site. ARTICLE 9 employees or consultants,except by written consent containing MISCELLANEOUS PROVISIONS specific reference to the Agreement and signed by the Architect, Owner,Construction Manager and any other person 9.1 DISPUTE RESOLUTION FOR THE or entity sought to be joined. No arbitration shall include, by PRECONSTRUCTION PHASE consolidation or joinder or in any other manner, parties other than the Owner, Construction Manager, a separate contractor 9.1.1 Claims,disputes or other matters in question between as described in Article 6 of AIA Document Azor and other the parties C to sc Agreement waterhich in arise prior t the persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be commencement of the Construction Phase or which relate accorded in arbitration. No person or entity other than the solely to the Preconstruction Phase services of the Construction Owner or Construction Manager or a separate contractor as Manager or to the Owner's obligations to the Construction described in Article 6 of AIA Document Awl shall be included Manager during the Preconstruction Phase,shall be resolved by as an original third party or additional third party to an mediation or by arbitration. arbitration whose interest or responsibility is insubstantial. 9.1.2 Any mediation conducted to this Paragraph Consent to arbitration involving an additional person or entity pursuantg Ph shall not constitute agreement to arbitration of a dispute not 9.1 shall be held in accordance with the Construction Industry described in such consent or with a person or entity not named Mediation Rules of the American Arbitration Association or described therein. The foregoing agreement to arbitrate and currently in effect, unless the parties mutually agree otherwise. other agreements to arbitrate with an additional person or Demand for mediation shall be filed in writing with the other entity duly consented to by parties to this Agreement shall be party to this Agreement and with the American Arbitration specifically enforceable under applicable law in any court Association. Any demand for mediation shall be made within a having jurisdiction thereof reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation 9.1.6 The award rendered by the arbitrator or arbitrators be made after the date when institution of legal or equitable shall be final, and judgment may be entered upon it in proceedings based upon such claim, dispute or other matter in accordance with applicable law in any court having jurisdiction question would be barred by the applicable statute of thereof. limitations. 9.1.3 Any claim, dispute or other matter in question not 9.2 DISPUTE RESOLUTION FOR THE resolved by mediation shall be decided by arbitration in CONSTRUCTION PHASE accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless 9.2.1 Any other claim, dispute or other matter in question arising out of or related to this Agreement or breach thereof the parties mutually agree otherwise. shall be settled in accordance with Article 4 of AIA Document 9.1.4 Demand for arbitration shall be filed in writing with A2oi, except that in addition to and prior to arbitration, the the other party to this Agreement and with the American parties shall endeavor to settle disputes by mediation in Arbitration Association.A demand for arbitration may be made accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless concurrently with a demand for mediation and shall be made within a reasonable time after the claim, dispute or other the this iss mutually shall conducted one. Any mediation with the matter in question has arisen. In no event shall the demand for under Paragraph Subparagraphs in accordance with the arbitration be made after the date when institution of legal or provisions of 9.1.2 and 9.1.3. equitable proceedings based upon such claim, dispute or other 9.3 OTHER PROVISIONS matter in question would be barred by the applicable statute of limitations. 9.3.1 Unless otherwise noted, the terms used in this 9.1.5 No arbitration arising out of or relating to the Agreement shall have the same meaning as those in the 1987 Contract Documents shall include, by consolidation or joinder Edition of AIA Document Am, General Conditions of the or in any other manner, the Architect, the Architect's Contract for Construction. ® 1991 - 1HE AMERICAN INSTITUTE OF ARCHITECTS, 1/35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT • 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 ,s 9.3.2 EXTENT OF CONTRACT 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Paragraph 10.1 prior to This Contract, which includes this Agreement and the other commencement of the Construction Phase, the Construction documents incorporated herein by reference, represents the Manager shall be equitably compensated for Preconstruction entire and integrated agreement between the Owner and Phase services performed prior to receipt of notice of Construction Manager and supersedes all prior negotiations, termination; provided, however, that the compensation for representations or agreements, either written or oral. This such services shall not exceed the compensation set forth in Agreement may be amended only by written instrument signed Subparagraph 4.1.1. by both the Owner and Construction Manager. If anything in any document incorporated into this Agreement is inconsistent 10.1.3 If the Owner or Construction Manager terminates this with this Agreement,this Agreement shall govern. Contract pursuant to this Paragraph lo.l after commencement of the Construction Phase,the Construction Manager shall, in 9.3.3 OWNERSHIP AND USE OF DOCUMENTS addition to the compensation provided in Subparagraph 10.1.2, be paid an amount calculated as follows: The Drawings,Specifications and other documents prepared by the Architect,and copies thereof furnished to the Construction .1 Take the Cost of the Work incurred by the Manager,are for use solely with respect to this Project.They are Construction Manager. not to be used by the Construction Manager, Subcontractors, Sub-subcontractors or suppliers on other projects, or for .2 Add the Construction Manager's Fee computed additions to this Project outside the scope of the Work,without upon the Cost of the Work to the date of the specific written consent of the Owner and Architect. The termination at the rate stated in Paragraph 5.1 or, Construction Manager, Subcontractors, Sub-subcontractors if the Construction Manager's Fee is stated as a and suppliers are granted a limited license to use and reproduce fixed sum in that Paragraph, an amount which applicable portions of the Drawings, Specifications and other bears the same ratio to that fixed-sum Fee as the documents prepared by the Architect appropriate to and for use Cost of Work at the time of termination bears to in the execution of their Work under the Contract Documents. a reasonable estimate of the probable Cost of the Work upon its completion. 9.3.4 GOVERNING LAW .3 Subtract the aggregate of previous payments The Contract shall be governed by the law of the place where made by the Owner on account of the the Project is located. Construction Phase. 9.3.5 ASSIGNMENT The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of The Owner and Construction Manager respectively bind the Owner, for any equipment owned by the Construction themselves, their partners, successors, assigns and legal Manager which the Owner elects to retain and which is not representatives to the other party hereto and to partners, otherwise included in the Cost of the Work under Clause successors, assigns and legal representatives of such other party 10.1.3.1. To the extent that the Owner elects to take legal in respect to covenants, agreements and obligations contained assignment of subcontracts and purchase orders (including in the Contract Documents. Neither party to the Contract shall rental agreements), the Construction Manager shall, as a assign the Contract as a whole without written consent of the condition of receiving the payments referred to in this Article other. If either party attempts to make such an assignment lo, execute and deliver all such papers and take all such steps, without such consent, that party shall nevertheless remain including the legal assignment of such subcontracts and other legally responsible for all obligations under the Contract. contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the ARTICLE 10 rights and benefits of the Construction Manager under such TERMINATION OR SUSPENSION subcontracts or purchase orders. 10.1 TERMINATION PRIOR TO ESTABLISHING Subcontracts, purchase orders and rental agreements entered GUARANTEED MAXIMUM PRICE into by the Construction Manager with the Owner's written approval prior to the execution of Amendment No. 1 shall contain provisions permitting assignment to the Owner as 10.1.1 Prior to execution by both parties of Amendment No. 1 establishing the Guaranteed Maximum Price, the Owner may Owndescrer shalld above.reimburse f the Owner accepts such assignment,ionManager the terminate this Contract at any time without cause, and the withOwner all co or arising indemnify under ne the subcontract, Mach Construction Manager may terminate this Contract for any of order respect r to g cumsts nt exceptthose the shi cowruld purchaseh the reasons described in Subparagraph 14.1.1 of AIA Document i burs le as Cost t k which on ra hadot have Azot been reimbursable as of the Work if the contract not been terminated. If the Owner elects not to accept the ® 1991 - THE AMERICAN INSTITUTE OF ARCHITECIS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below.expiration as noted below. User Document:aia121 weld county jail.aia-- 10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 6 assignment of any subcontract, purchase order or rental Agreement. agreement which would have constituted a Cost of the Work had this agreement not been terminated, the Construction 1O.2.2 In the event of such termination by the Construction Manager shall terminate such subcontract, purchase order or Manager, the amount to be paid to the Construction Manager rental agreement and the Owner shall pay the Construction under Subparagraph 14.1.2 of AIA Document Am shall not Manager the costs necessarily incurred by the Construction exceed the amount the Construction Manager would be Manager by reason of such termination. entitled to receive under Subparagraphs 10.1.2 or 10.1.3 above, except that the Construction Managers Fee shall be calculated 1O.2 TERMINATION SUBSEQUENT TO as if the Work had been fully completed by the Construction ESTABLISHING GUARANTEED Manager, including a reasonable estimate of the Cost of the MAXIMUM PRICE Work for Work not actually completed. Subsequent to execution by both parties of Amendment No. 1, 1O.3 SUSPENSION the Contract may be terminated as provided in Article 14 of The Work may be suspended by the Owner as provided in MA Document A2or. Article 14 of ALA Document A2o1;in such case,the Guaranteed Maximum Price,if established,shall be increased as provided in 1O.2.1 In the event of such termination by the Owner, the Subparagraph 14-3.2 of AIA Document Aim except that the amount payable to the Construction Manager pursuant to term "cost of performance of the Contract" in that Subparagraph 14.1.2 of MA Document Aim shall not exceed the Subparagraph shall be understood to mean the Cost of the amount the Construction Manager would have been entitled to Work and the term 'profit' shall be understood to mean the receive pursuant to Subparagraphs 10.1.2 and 10.1.3 of this Construction Manager s Fee as described in Subparagraphs 5.1.1 and 53.4 of this Agreement. ARTICLE 11 OTHER CONDITIONS AND SERVICES This Agreement entered into as f the day and year first written above. OWNER CONSTRUCTION MANAGER 'a-stir/ye Nice Ries/-mac 4.,-At?IC BY: BY: Thomas-J. Roche Rresidaat /y DATE DATE Jf / i�/G /, /o -a / /J i ATTEST / / ./ ATTEST lkrk to the Bl ar. ` ' th . 1861 (4T . NeI\ 'By: �i//�. / . _ !� • . Deputy Clerk to the Boa090-1 3rr. (Pie Amendment No. i to Agreement Between Owner and Construction Manager Pursuant to Paragraph 2.2 of the Agreement, dated September 18. 2001 between Weld County. Colorado(owner) and Roche 0 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006.5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below. expiration as noted below. User Document: aia121 weld county jail.aia--10/5/2001.AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 L7 Constructors, Inc. (Construction Manager), for (the Project), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below. ARTICLE I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work,including the estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as defined in Article 5,is Dollars(s). This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibits A through F,as follows: Exhibit A Drawings, Specifications, addenda and General, Supplementary and other Conditions of the Contract on which the Guaranteed Maximum Price is based,pages through dated Exhibit B Allowance items,pages through dated Exhibit C Assumptions and clarifications made in preparing the Guaranteed Maximum Price,pages through,dated Exhibit D Completion schedule,pages through,dated Exhibit E Alternate prices,pages through,dated Exhibit F Unit prices,pages through,dated ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment is: OWNER Weld County Board of Commissioners CONSTRUCTION MANAGER BY: BY Thomas J. Roche. President M. J. Geile, Chair DATE DATE ATTEST ATTEST Clerk to the Board By: Deputy Clerk to the Board m 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - m 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below.expiration as noted below. expiration as noted below. User Document:aia121 weld county jail.aia--10/5/2001. AIA License Number 1014374, which expires on 7/31/2002. Electronic Format A121/CMc-1991 Hello