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Home My WebLink About20170719.tiffCorr�Ya Cf I Dkktnl ZS July 11, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Jail Security Electronic Control — Software Management Agreement CML Security was awarded the bid (81700060) for constructing and maintaining the Jail Security Electronic Controls system. With this award, CML Security became the single source vendor to provide maintenance and support for ensuring updates that ensure reliability and compatibility of current software and hardware. The annual Milestone Software Management Agreement (SMA) expires on August 31, 2022. An annual renewal of the agreement is needed to sustain the security items within the Jail. The cost of the next annual increment is $21,323.58. Therefore, the Facilities Department is recommending approving this agreement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ry/ig/c 8�0� �O�I�l AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CML SECURITY JAIL (SEC MILESTONE) SECURITY MANAGEMENT AGREEMENT THIS AGREEMENT is made and entered into this ay of , 2021 by and between the County of Weld, a body corporate and politic of the State of C orado, by and through its Board of County Commissioners, whose address is 1150O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and CML Security 1785 W. 160th Ave. Suite 700 Broomfield, CO 80023, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County; and WHEREAS, Contractor is single source provider and willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibit, which forms an integral part of this Agreement. The Exhibit is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically the Exhibit, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. The Exhibit consists of Contractor's Response to County's Request for services. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibit which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of the Exhibit within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until Contractor's completion of the responsibilities described in the Exhibit. Both of the parties to this Agreement understand and agree that the laws 020/7-a7! ' of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $21,323.58, which is the bid set forth in Exhibit. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL " However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C R S 24-72-201, et seq , with regard to public records, and cannot guarantee the confidentiality of all documents Contractor agrees to keep confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement 11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the Project 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 13. Insurance and Indemnification. General Requirements Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors The The Contractor stipulates that it has met the insurance requirements identified herein The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement This paragraph shall survive expiration or termination hereof Types of Insurance The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment Policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence, $2,000,000 general aggregate, $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate, Automobile Liability Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injuryper person, $1,000,000 for bodily injury for each accident, and $1,000,000 for propertydamage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Pollution Liability Contractor/Contract Professional shall p oride Pollution Liability Insurance if/when it is found that soil has been contaminated Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder Proof of Insurance: County reserves the nght to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured I Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive; subrogation rights against County Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure thatall subcontractors maintain the required coverages Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder Such consent may be granted or denied at the sole and absolute discretion of County 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement The Contractor agrees to maintain these documents for three years from the date of the last payment received 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances (a) personal service by a reputable courier service requiring signature for receipt, or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party, or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party Either party may change its notice address(es) by written notice to the other Notification Information Contractor CML Security Attn Corp Solberg -Division Manager Address 1785 W 160th Ave Suite 700 Address Broomfield, CO 80023 E-mail esolberg,@cmisecuri us Telephone (720) 466-3650 Coun Name Toby Taylor Position Director of Facilities Address 1105 H Street Address Greeley, CO 80632 E-mail ttaylor@co weld co us Facsimile 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement This Agreement may be changed or supplemented only by a written instrument signed by both parties 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq, as applicable now or hereafter amended 1 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim) or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C R S §8-17 5-102(5)(c) Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C R S §8-17 5-102(5), by the Colorado Department of Labor and Employment If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program If Contractor fails to comply with any requirement of this provision or of C R S §8-17 5-101 et seq , County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C R S § 24-76 5-103(4), if such individual applies for public benefits provided under the contract If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C R S § 24-76 5-101, et seq , and (c) shall produce one of the forms of identification required by C R S § 24-76 5-103 prior to the effective date of the contract Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibit, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement %w- WHEREOF, hereto have this Agreement this day of IP1ITNESS the parties signed ____,202. CO TRA OR: CML Security By: Date 7/12/2022 Name: Cory L Solberg Title: System Sapportpi0eicManager WELD COUNTY G�� ATTEST: j BOARD OF COUNTY COMMISSIONERS Weld Cotfv Clerk to the Boad WELD COUNTY, COLORADO BY: Deputy Cler 0th B oft K. James, Chair 1861 � JUL 18 2022 02o/7-071? CrflL Exhibit A CML SECURITY 11785 W 160' Ave Ste 7001 Broomfield CO 800231 P 720 466 36501 O COPYRIGHT 2019 CLIENT: Mike lannuzzi - miannuzzi@weldgov corn PROJECT: Weld County T&M — Milestone Care Plus Renewal SUBMITTAL DATE: 5/19/2022 CLARIFICATIONS: 1 This proposal and/or any subsequent revisions shall become part of any subcontract 2 CML Security reserves the right to retract this bid in the event of no mutually agreeable subcontract INCLUDED IN BASE: 1 Renewal of Milestone Care Plus Support Agreement (9/1/2022 — 8/31/2023) EXCLUSIONS: 1 Bond, fees, permits, or other assessment BASE BID PRICE: $21,323.58 CLOSING: We appreciate the opportunity to partner with you to provide a solution to fit your needs If you have any questions, or concerns, please feel free to call or email any time The proposal is valid for 30 days A purchase order must be issued before any scheduling of work can begin Sincerely, Heather Mathew CML Security Systems Support Division Coordinator C 720 629 7460 E hmathew@cmisecurlty us ® DATE (MM/DDNYYY) ACR® CERTIFICATE OF LIABILITY INSURANCE l i 7111/7n)7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER Innovise Business Consultants 9780 S Meridian Blvd Suite 400 Englewood 80112 NAMEACT Ma Cole PHONE FAX ac No Ext 303-996-7800 A/C No 30375 71 A DRESS certificate@trustinnovise coin INSURERS AFFORDING COVERAGE NAIC1/ INSURERA Liberty Mutual Insurance Company 23043 INSURED CMLSECU-01 CML Security, LLC 1785 W 160th Avenue, Suite 700 Broomfield CO 80023 INSURER B Berkley Assurance Co 39462 INSURERC INSURER INSURER E INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE J= SUER POLICY NUMBER MMIDDY EFF MM DD EXP LIMITS A COMMERCIAL GENERAL LIABILITY XjiiiCLAIMS -MADE OCCUR TB2-Z91-470206-032 3/1/2022 3/1/2023 EACH OCCURRENCE $2000000 PREM SES Ea occu ence $ 1,000,000 MED EXP (Any one person) $ 5 000 GENLAGGREGATELIMITAPPLIESPER POLICY jEGOT- L@G OTHER PERSONAL & ADV INJURY $ 1 000 000 GENERAL AGGREGATE $4,000,000 PRODUCTS COMP/OP AGG $ 4 000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED �( NON OWNED AUTOS ONLY AUTOS ONLY AS2-Z91-470206-022 3/1/2022 3/1/2023 COMBINED SINGLE LIMIT Ea .cadent $ 1 000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per .cadent $ A X UMBRELLALIAB X OCCUR EXCESS LIAR CLAIMS -MADE DED X RETENTION $11111 TH7-Z91-470206-012 3/1/20223/1/2023 EACH OCCURRENCE $10 000,000 AGGREGATE $ 10 000 000 $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED� (Mandatory in NH) if yes describe under DESCRIPTION OF OPERATIONS below N/A WC2-Z91-470206-042 3/1/2022 3/1/2023 X PER OTH- STATUTE ER E L EACH ACCIDENT $ 1,000 000 E L DISEASE - EA EMPLOYEE $1000000 E L DISEASE - POLICY LIMIT $ 1,000,000 B Professional (Claims Made)/ Pollution (Occurrence) PCAB-5017639-0322 3/1/2022 3/1/2023 Per Claim/Occurrence Policy Aggregate Retention $5 000 000 82000000 $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, maybe attached d more space is required) Re Weld County Jail SEC Milestone SMA Certificate holder is included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named insured Waiver of subrogation applies SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS 1150 " O" Street AUTHORIZED REPRESENTATIVE � Greeley CO 80631 U Tats.-LuTa AUUKU 6UKt-UKA1 JUN AH rignts reserves ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Houstan Aragon From: Toby Taylor Sent: Friday, July 15, 2022 9 24 AM To: Chloe White, Sterling Geesaman Cc • Esther Gesick, Cheryl Hoffman, Houstan Aragon Subject: RE Contract ID #6125 Attachments' Jail SEC Milestone SMA Recommendation docx I can see where it might be confusing to capture While they may sound similar, these items perform different functions The original Jail's Security Electronic Controls upgrade resulted in a single -source contractor named CML Security To maintain the system, annual support agreements are needed for the DDN and MileStone facets which are • DDN (Dynamic Drive Network) is the storage equipment that holds the camera video • MileStone is the VMS (Video Management Software) that coordinates all the cameras and recording storage I have attached an updated letter for the Milestone facet Hopefully, this helps with delineating the differences If not, let me know Toby Taylor Director Weld County Facilities Department Weld County Veterans Services 1105 H Street P O Box 758 Greeley, CO 80632 P 970 400 2023 F 970 304 6532 ttaylor@weldgov com From: Chloe White <cwhite@weldgov com> Sent. Friday, July 15, 2022 8 37 AM To: Toby Taylor <ttaylor@weldgov com>, Sterling Geesaman <sgeesaman@weldgov com> Cc: Esther Gesick <egesick@weldgov com>, Cheryl Hoffman <choffman@weldgov com>, Houstan Aragon <haragon@weldgov com> Subject: Contract 10 96125 Good morning, Contract ID #6125 is scheduled for Monday's Consent Agenda It's for Bid #B1700060 (2017-0719) and is a renewal (by way of a full agreement and not the extension/renewal form) of the jail security electronic control software management agreement Just recently, on July 11th, we approved something very similar for this same bid I'm just curious what the difference is so we can better index it in Tyler Thank you, Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite aaweldaov.com Lrr Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. New, Contract Request y» �lAq��Ysv 4f h�� p e)i tRB ,W� i�1k';��i'e (, Information i� ��r%ft r F 1w dam¢ t ➢ tl 'd �ti ri t1, ,Entity 4 fr rl�� t�Entity_Name* Entity ID° ❑ New Entity? SS it CML SECURITY O00037123 k ntract Name* Contract ID Parent Contract ID JAiL`SEC MILESTONE SMA CONTRACT 6125 CQritract Status Contract Lead * Requires Board Approval OTB REVIEW SGEESAMAN _: � + YES a .a i tc� moo? Contract Lead Email" Department Project# sgeesaman@co.weld co us Contract Description" JAIL SECURITY SOFTWARE MANAGEMENT y - e Contract Description 2 Contract Type* Department Requested 6OCC Agenda Due Date AGREEMENT BUILDINGS AND GROUNDS Date* 07/16/2022 Amount* Department Email 07/20/2022 $+ $2r1323 5$ $," CM- Will a work session with BOCC be required? sl e•Aj;ewable BuildingGrounds@weldgov C NO NO Does Contract require Purchasing Dept. to be included? } Department Head Email NO Automatic Renewal CM-BuildingGrounds_ ;rata ire aot DeptHead@weldgov.com Grant County Attorney IGA , GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - CO U NTYATTORN EY@WE LDG OV.COM if this is a renewal enter previous Contract ID if this is part o€ a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase ± �' q,''r i" ihq wih ha,+oo u,,ukdt'taW & ^6 p'�yi'41i'W1 ru'*! rite' iA�i�iNdh _ ai, io i, U`' fgu'il x'54`*' �nvi �`r r "M+ n ur vw rr }`_i wiY Ywr-, ContractrDates s ` Effective Date Review Date'* Renewal Date 06/3012023 Termination Notice Period Committed Delivery Date Expiration Date's 0813112023 ' Contact information _t Contact Info i Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date {, ApprouaI Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 07112;2022 07112/2022 0711312022 X55 Final Approval BOCC Approved Tyler Ref # AG 071822 BOCC Signed Date BOCC Agenda Date 07/18/2022 Originator SGEESAMAN C'�'Ma U74hDns FACILITIES DEPARTMENT PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us GOU_NTY 1105HSTREET P.O. BOX 758 GREELEY, COLORADO 80632 June 27, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Jail Security Electronic Control — DDN Software Agreement CML Security was awarded the bid (81700060) for constructing and maintaining the Jail Security Electronic Controls system. With this award, CML Security became the single source vendor to provide maintenance and support for ensuring updates that ensure reliability and compatibility of current software and hardware. Attached is the recurring agreement for DDN support through 12/31/2023. Renewal of the agreement is needed to sustain the security items within the Jail using the 3rd party Security Electronic Controls vendor CML Security. The cost of the support agreement is $14,666.60. Therefore, the Facilities Department is recommending approving this agreement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Zofl- 0cl Icl BeC oc AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CML SECURITY JAIL SEC DDN SUPPORT AGREEMENT THIS AGREEMENT is made and entered into this 27th day of June, 2022 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and CML Security 1785 W. 160`" Ave. Suite 700 Broomfield, CO 80023, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County; and WHEREAS, Contractor is single source provider and willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibit, which forms an integral part of this Agreement. The Exhibit is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically the Exhibit, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. The Exhibit consists of Contractor's Response to County's Request for services. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibit which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of the Exhibit within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until Contractor's completion of the responsibilities described in the Exhibit. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $14,666.00, which is the bid set forth in Exhibit. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injuryper person, $1,000,000 for bodily injury for each accident, and $1,000,000 forpropertydamage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent maybe granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: CML Security Attn.: Cory Solberg -Division Manager Address: 1785 W. 160th Ave. Suite 700 Address: Broomfield, CO 80023 E-mail: csolberg_(Ncmisecurity.us Telephone: (720) 466-3650 County: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor(yco.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 27th day of June, 2022. CONTRACTOR: CML Security By: Date 06/27/2022 Name: Cory Solberg Title: SSD Manager WELD CO Y: C� (,�,� ATTEST: v• �C�O;'i BOARD OF COUNTY COMMISSIONERS Weld C ty Clerk to the Bo rd WELD COUNTY, COLORADO BY: Deputy CI to t e Bo colt K. James, Chair ,o, Y J U L 1 12022 720/7 97'? mi..... s e c u r i t y Exhibit A CML SECURITY 11785 W. 160° Ave Ste 7001 Broomfield CO 800231P. 720.466.36501 ® COPYRIGHT 2019 CLIENT: Mike lannuzzi - miannuzzi@weldgov.com PROJECT: Weld County T&M — DDN Support Renewal SUBMITTAL DATE: 4/15/2022 CLARIFICATIONS: 1. This proposal and/or any subsequent revisions shall become part of any subcontract. 2. CML Security reserves the right to retract this bid in the event of no mutually agreeable subcontract. INCLUDED IN BASE: 1. Renewal of DDN Support Agreement (9/1/2021-12/31/2023) EXCLUSIONS: 1. Bond, fees, permits, or other assessment. BASE BID PRICE: $14,666.60 CLOSING: We appreciate the opportunity to partner with you to provide a solution to fit your needs. If you have any questions or concerns, please feel free to call or email any time. The proposal is valid for 30 days. A purchase order must be issued before any scheduling of work can begin. Sincerely, �► o � C Yep,t iu4_ 4t +— Heather Mathew CML Security Systems Support Division Coordinator C. 720.629.7460 E. hmathew@cmisecurity.us Exhibit A m� s e c u r i t y CML SECURITY 11785 W. 160'" Ave Ste 7001 Broomfield CO 800231P. 720.466.36501 m COPYRIGHT 2019 CLIENT: Mike lannuzzi - miannuzzi@weidgov.com PROJECT: Weld County T&M — DON Support Renewal SUBMITTAL DATE: 4/15/2022 CLARIFICATIONS: 1. This proposal and/or any subsequent revisions shall become part of any subcontract. 2. CML Security reserves the right to retract this bid in the event of no mutually agreeable subcontract. INCLUDED IN BASE: 1. Renewal of DON Support Agreement (9/1/2021 — 12/31/2023) EXCLUSIONS: 1. Bond, fees, permits, or other assessment. BASE BID PRICE: $14,666.60 CLOSING: We appreciate the opportunity to partner with you to provide a solution to fit your needs. If you have any questions or concerns, please feel free to call or email any time. The or000sal is valid for 30 days. A purchase order must be issued before any scheduling of work can begin. Sincerely, Heather Mathew CML Security Systems Support Division Coordinator C. 720.629.7460 E. hmathew@cmisecuritv.us New Contract Request Entity Information Entity Name* Entity ID * ❑ New Entity? CML SECURITr" 900037123 Contract Narne * Contract ID Parent Contract ID DDN SUPPORT AGREEMENT 6083 Contract Status Contract Lend* Requires Board Approval CTB REVIEW SGEESAMAN YES Contract Lead Email Department Project # sgeesamanTco.weld.co.us Contract Description* JAIL MANAGEMENT HARDWARE & SOFTWARE SUPPORT t9/1/2021-12 r 31/2023) Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT BUILDINGS AND GROUNDS Date* 07:092022 0711 3r 2022 Amount * Department Email $14,666.00 CM- Will a work session with BOCC be required?*' BuildingGroundsotweldgov.c NO Renewable* om YES Does Contract require Purchasing Dept. to be included? Department Head Email YES Autornatic Renewal CM-BuildingGrounds- DeptHead` reldgov.com Bid/RFP#* Grant 81700060 County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEYWWELDG OV.COM if this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date* 1 2 04 2J023 01 01 ;'2024 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CHERYL PATTELLI Approval Process Department Head TORY TAYLOR DH Approved Date 06;28x2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07r 1 1 X2022 Originator SGEESAMAN Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approved Date 07; 01 2022 Finance Approver Legal Counsel CHERYL PATTELL1 BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 06; 282022 07 031 2022 Tyler Ref # AG 071 122 FACILITIES DEPARTMENT PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 7, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Jail Security Electronic Control — Software Management Agreement CML Security was awarded the bid (B1700060) for constructing and maintaining the Jail Security Electronic Controls system. With this award, CML Security became the single source vendor to provide maintenance and support for ensuring updates that ensure reliability and compatibility of current software and hardware. The annual Milestone Software Management Agreement (SMA) expires on August 19, 2021. An annual renewal of the agreement is needed to sustain the security items within the Jail. The cost of the next annual increment is $19,315.00. Therefore, the Facilities Department is recommending approving this agreement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director i 020/7177/f AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CML SECURITY JAIL (SEC MILESTONE) SECURITY MANAGEMENT AGREEMENT THIS AGREEMENT is made and entered into this 18 day of July , 2021, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and CML Security 1785 W. 160th Ave. Suite 700 Broomfield, CO 80023, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County; and WHEREAS, Contractor is single source provider and willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibit, which forms an integral part of this Agreement. The Exhibit is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically the Exhibit, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. The Exhibit consists of Contractor's Response to County's Request for services. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibit which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of the Exhibit within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until Contractor's completion of the responsibilities described in the Exhibit. Both of the parties to this Agreement understand and agree that the laws 'c'/7-177/ of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $19,315.00, which is the bid set forth in Exhibit. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregping warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist an the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 forproperty damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: tom: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional_ Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: CML Security Attn.: Cory Solberg -Division Manager Address: 1785 W. 160th Ave. Suite 700 Address: Broomfield, CO 80023 E-mail: csolberg@cmisecurit�us Telephone: (720) 466-3650 County: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties., 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution 1 this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Finan ial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatoriJes to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If my term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intuit of the parties. 24. Governmental I munity. No term or condition of this contract shall be construed or interpreted as a wiver express or implied, of any of the immunities, rights, benefits, protections or other provisions, f the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or'hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly resery d to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has ben approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/J' risdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applie in the interpretation, execution, and enforcement of this Agreement. Any provision included or i corporated herein by reference which conflicts with said laws, rules and/or regulations shall be nu 1 and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld C unty District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts or Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowi ly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 18 July , 2021. CONTRACTOR: CML Security By: Name: Cory Solberg Title: SSD Division Manager WELD CO f Y. ATTEST: Weld County Clerk to the BY i1 ' Deputy Clerk to the Date 07/18/2021 day of BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Moreno, Chair AUG 0 4 2021 c,217— i7/ (STEmL Exhibit s e c u r i L y CML SECURITY 11785 W. 160"' Ave Ste 7001 Broomfield CO 800231 P. 720.466.36501 © COPYRIGHT 2019 CLIENT: Mike lannuzzi - miannuzzi@weldgov.com PROJECT: Weld County — Milestone SMA Renewal SUBMITTAL DATE: 7/7/2021 CML Security proposes to furnish all services as listed in the following scope. CLARIFICATIONS: 1. This proposal and/or any subsequent revisions shall become part of any subcontract. 2. CML Security reserves the right to retract this bid in the event of no mutually agreeable subcontract. INCLUDED IN BASE: 1. Milestone SMA extension until 08/19/2022. Current SMA expires on 08/19/2021. 2. Care Plus benefits include: a. Recurring Product Updates - Instant access to recurring product updates gives you access to a wealth of new capabilities that are designed to make your product safer and more efficient and powerful. b. Full Return on Investment - Your present security installation might meet your current needs, but you may wish to expand your installation or upgrade it to a more advanced Milestone version over time. Care Plus lets you put the full trade-in price of your current Milestone product towards an upgraded solution. This is a cost-effective way to adapt your system to changing needs while giving you a full return on investment. EXCLUSIONS: 1. Bond, fees, permits, or other assessment. 2. Installation oany kind. BASE BID PRICE: $19,315.00 CLOSING: We appreciate the opportunity to partner with you to provide a solution to fit your needs. If you have any questions or concerns, please feel free to call or email any time. The proposal is valid for 30 days. A purchase order must be issued before any scheduling of work can begin. Sincerely, Cory Solberg CML Security Systems Support Division Manager C. 303.908.3230 E. csolberg@cmlsecurity.us Milestone Care" Plus U1T1!t Wfl INVE XProtect® video management software (VMS) products are updated on a recurring basis to become safer and more efficient and powerful. Milestone Care Plus is designed as a software maintenance service. It ensures you have instant access to the product updates. This helps to protect your initial investment and ensure the solidity of your system. Here's what you get with Care Plus Recurring product updates Instant access to recurring product updates gives you access to a wealth of new capabilities that are designed to make your product safer and more efficient and powerful. Use the XProtect Version Comparison Tool on our website to see hove fast XProtect is evolving over time. www.milestonesys.com Full return on your investment Your present security installation might meet your current needs, but you may wish to expand your installation or upgrade it to a more advanced Milestone version over time. Care Plus lets you put the full trade-in price of your current Milestone product towards an upgraded solution. This is a cost-effective way to adapt your system to changing needs while giving you a full return on investment. Three good reasons to keep your system up to date Keep systems at peak performance Secure technology fit over time Reduce vulnerabilities You don't want to be stuck with Add and'benefi from new technology A secure system starts with an a system that can't meet future as it hits the market to continually up-to-date system. demands. improve your system. With Care Plus, you always have access to the latest product version. This. ensures. you are always benefitting from the latest technology and innovations intended to improve your product. Running the latest version means that you can take advantage of new technology that is built to improve performance and better utilize your existing hardware. ... ...:( :. . . .. .. . . ... ................. . .. :. . . . . . . .... .... !... ... ......... ... ... ..... . ........... ............ . ... •: •:-. -............................ .............. ... . .. ................ ....... ... .. .. ... . ......... ............ ... ............ Milestone instantly responds to new potential security threats —with Care Plus you have the peace of mind that this is being reflected in the recurring product updates. Need more Care coverage? Expand the benefits of Care Plus with Care Premium and get 24/7 direct access to Milestone technical support teams. Learn more about Care Premium at wwww.milestonesys.com r — ry ♦ t, e.. t � s ei E: l : " :.Y 4� ' 3O '.^ x c� A � V i _ f _________ M < o . x n n r 1 �rGA�i y v a t e 4i s�z ^ ux %rz Milestone. CareTM A COMPLETE SOFTWARE a __________ w■. w■r n w■■� IVI/�+�IIV 1 LIV/�►111�.C /�+�IV V SUPPORT PROGRAM ve ,�♦ N �.r n. /3v x',\ VI .. n try i' Fx psi %i ! �� '^ A xh eik`: ' � �� xmYa � r. � • s x 1 v * r s i i• 1 m<x avoiA x v a � x`n � � r��i₹ �nx siU � ✓n 1 awe >< ieVi r§eC u�J �-Q�1 (na f i [art LryW { "Su i�1 4'Rite ,� x 1 a�p ₹ �3t R ixt v ,.' I I • Milestone CareTM Plus When you want to protect your investment. Pus XProtect® video management software (VMS) ` products are updated on a recurring basis to become safer and more efficient and powerful. Milestone Care Plus is designed as a software R . • maintenance service. It ensures you have instant •• access to the product updates. This helps to "'' M1xwfr protect your initial investment and ensure the solidity of your system. •Here is what you get with Care Plus: §4 .. t. I Recurring product updates that make your product safer and more efficient and powerful l Full return on your initial XProtect investment if upgrading to a more advanced XProtect solution + If you need more support coverage, Care Premium expands the benefits of Care Plus Milestone CareTM Premium When you need 24/7 direct access to the Milestone Support Team. When support can't wait until Monday, Milestone Care Premium provides you with direct, personalized and prioritized access to the experts in the global Milestone technical support team round-the-clock. Here is what you get with Care Premium: • 24/7 access to the Milestone Support Team Prioritized support to ensure critical issues are dealt with quickly Support in selected languages based on availability The more updated your solution, the better its performance. These two tools will ensure that you are always getting the best out of your investment. R1• c' f, Version Comparison Tool Care Plus gives you instant access to recurring product updates. They make your product safer and more efficient and powerful. Try the Version Comparison Tool to quickly get an overview of what's new compared to an older version. u a a. i k e xvfi'-.I x x x V. Product Comparison Tool Care Plus lets you put the full trade-in price of your current Milestone product towards an upgraded solution. This provides a cost-effective way to adapt your system to changing needs while giving you a full return on investment. Try the Product Comparison Tool to see if it's time for an upgrade? New Contract Request Entity Information � o Entity Name* CIVIL SECURITY Contract Name* SECURITY MANAGEMENT Contract Status CTB REVIEW Contract iption * ANNUAL SECURITY MANAGEMENT ContractDescription 2 Entity ID* @00037123 ❑ New Entity?' Contract ID 5044 Contract Lead SGEESAMAN t Contract Lead Email sgeesaman@co.weldco.us (SINGLE SOURCE) Parent Contract ID Requires Board Approval YES Department Project Contract Type* Requested 80CC Agenda Due Date AGREEMENT BUI DINGS AND GROUNDS Date* 07/22/2021 07/26/2021 Amount* De artment Email 1931500 CM Will a work session with 8OCC be required?" Bur ingGrounds eIdgo .€ NO Renewable om YES Does Contract require Purchasing Dept. to be included? ent Head Email 'DES Automatic Renewal CM BuildingCrounds- De tHead ,eldgov.corn Bid /REP #* t El 700060 1GA If this is a renewal enter pevious if this is partofaMSAenterMSA Note: the Previous Contract fumb+ CnBase Contract Dates Effective Date. Attorney L COUNTY IEY EMAIL r and Master Services Agreement Number should be left blank if those contracts are not in Review Date* 07/1812022 Renewal Date * 08'10/2022 tCt.Termination T Y i Committed a P.. M Contact ink. Purchasing Approval Process DH Approved Date 0711912021 Final Approval I BOGC Agenda Date 0810412021 Purchasing Approved Date 07/2912021 finance Approved Date 0712012021 Tyler Ref # AG 080421 Legal Counsel BOB CHOATE Legal Counsel Approved Date 0712012021 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 November 30, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Jail Electronic Controls — Change Order 3 (Bid #B1700060) Weld County awarded the bid to upgrade the jail control system through a design -build process to CML Security. The requirements of the contract require that the building's security and electronic controls network be updated and consolidated into a primary and back up master control room versus three control rooms. As we near the end of this modernization, it was realized that the generator control panels for each phase of the jail need to be relocated and tied into the new master control. This scope is separate from the security electronic controls but is need for safety/security aspect of power monitoring when consolidating to one primary room versus three primary rooms. To perform the additional work of integration of these generator control panels, will require a change order of $16,602.00. To maintain operational capabilities, Buildings & Grounds is recommending approving the attached change order for $16,602.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 1% t7- b -t!9 AIA Document G741TM - 2015 Change Order for a Design -Build Project PROJECT: (Name and address) CHANGE ORDER NUMBER: 003 OWNER 0 Weld County Jail Electronics Con 21100 Street, Greeley, CO 80631 DATE: DESIGN -BUILDER 0 TO DESIGN -BUILDER: (Name and OWNER'S PROJECT NUMBER: ARCHITECT ❑ address) CML Security LLC DESIGN -BUILD CONTRACT DATE: FIELD ❑ 400 Young Ct., Unit 1 DESIGN -BUILD CONTRACT FOR: OTHERtOT Erie, CO 80516 The Design -Build Contract is changed as follows: (Include, where applicable, any undisputed amount attributable to previously executed Change Directives.) The original (Contract Sum) (Guaranteed A was The net change by previously authorized Change Orders 214,120.00 $ 2,280,024.00 The (Contract Sum) (Guaranteed hprior to this Change Order was $ 2,494,144.00 The (Contract Sum) (Guaranteed lv will be (increased) (by this Change Order in the amount of $ 16,602.00 The new (Contract Sum) (Guaranteed N, including this Change Order, will be $ 2,510,746.00 The Contract Time will be(increased) (< by ( ) days. The date of Substantial Completion as of the date of this Change Order, therefore, is July 1, 2019 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time, or Guaranteed Maximum Price that have been authorized by Change Directive until the cost and time have been agreed upon by both the Owner and Design -Builder, in which case a Change Order is executed to supersede the Change Directive. When executing this Change Order; the Design -Builder represents that all changes to Project design implemented by this Change Order have been reviewed and approved in writing by the Architect or other licensed design professional(s) of record for the Project. NOT VALID UNTIL SIGNED BY THE DESIGN -BUILDER AND OWNER. CML Security LLC DESIGN -BUILDER (Firm name) 400 Young Court, Erie, CO 80516 ADDR BY (Signature) (Typed name) /a/6/adr DAT, Weld County Government OWNER (Firm name) 1150 0 Street, Greeley, CO 80631 ADDRESS BY (Signature) Steve Moreno, BOCC Chair (Typed name) DEC 10 2018 DATE AIA Document G741 T" — 2015. Copyright © 2015 by The American Institute of Architects. All rights reserved. WARNING: This NAe Document Is. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A1O Document, or any portion of It, may result in savers cfitil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created on 11/29/2018 15:50:09 under the terms of AIA Documents -on -Demand TM order no. 2010124020 , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. _zf o / 7- 7 7/ Exhibit 1 5: 1 1 11..E CHANGE ESTIMATE #: 004r1 Sec u r i t, y CML SECURITY 1400 YOUNG COURT, UNIT 11 ERIE, CO 80516 I P. 720 466 3650 I F. 720 438 7573 Weld County Jails Controls Upgrade Project #1152 Greeley Colorado 80631 Quoted To: Weld County Dept of Buildings and Grounds CML Project #: 1152 Attn:Toby Taylor Submitted Date: 11.20.2018 2110 O Street Greeley CO 80631 Submitted By: Keith Phone:970.356.6532 ext 2023 Fax:970.304.6532 Pricing valid for thirty (30) days from the date of this quotation and thereafter will be subject to revision. DOCUMENTS REFERENCED: Verbal request QUOTATION SUMMARY: Move existing 2E generator panel into 1 East and add a redundant panel in 1 West. Relocate one annunciator panel to 2 West when complete and 1 East is abandoned. INCLUSIONS: Provide and install wiring to (1) new and (1) relocated generator annunciator panels, additonally relocate (1) of these panels at a later date. EXCLUSIONS: Conduits and raceways (assume are existing). TOTAL COST: $ 16,602.39 Accepted By: Printed Name: Signature: Date: PAGE 1 OF 3 cz5Y: SOCML ly CML SECURITY 1 400 YOUNG COURT, UNIT 1 I ERIE, CO 80516 Quoted To: Weld County Dept of Buildings and Grounds Attn:Toby Taylor 21.100 Street Greeley CO 80631 Phone:970.356.6532 ext 2023 Fax:970.304.6532 I P. 720 466 3650 I F. 720 438 7573 CHANGE ESTIMATE #: CML Project #: Submitted Date: Submitted By: 004r1 Weld County Jails Controls Upgrade Project #1152 Greeley Colorado 80631 1152 11.20.2018 Keith LABOR INFORMATION: Classification: Number of Workers: Duration (Hours): Total Hours: Wage Rate: Total: Project Executive: Project Manager: Programmer/Software Developer: Project Engineer: Cad / Draftsman Project General Superintendent: 0 0 0.00 $ 93.04 $ - 1 4 4.00 $ 86.17 $ 344.69 0 0 0.00 $ 78.83 $ - 1 3 3.00 $ 76.99 $ 230.96 0 0 0.00 $ 61.02 $ - 0 0 0.00 $ 129.79 $ - SEC Technician: 1 67 67.00 $ 124.38 $ 8,333.75 0 0 0.00 $ - $ - 0 0 0.00 $ - $ - 0 0 0 0.00 $ - $ - 0 0.00 $ - $ - Total # of Workers: 3 Total Hours: 74 15% Labor Subtotal: Sub Total: Profit Labor Total: $ $ $ $ 8,909.41 8,909.41 1,336.41 10,245.82 MATERIAL INFORMATION: Model / Part K: Descri Hon: Quantity: Unit Cost: Total: Plenum rated cable Building wire - - --- 2,000 $ 0.32 $ $ 640.00 560.00 2,000 $ 0.28 0 $ - _ $ S. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ - - - - - - - - - - - - - - - - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 S - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ - 0 _ $ - $ - 0 0 $ - $ - $ - $ - 0 0.00% 15% $ - Material Subtotal: Sales Tax: Sub Total: Overhead & Profit Material Total: $ $ - 1,200.00 $ - $ 1,200.00 $ 180.00 $ 1,380.00 PAGE 2 OF 3 c5X: r'flL. seour l y CML SECURITY 14O0 YOUNG COURT, UNIT 1 I ERIE, CO 80516 I Quoted To: Weld County Dept of Buildings and Grounds Attn:Toby Taylor 2110 O Street Greeley CO 80631 Phone:970.356.6532 ext 2023 Fax:970.304.6532 P. 720 466 3650 I F. 720 438 7573 CHANGE ESTIMATE #: CML Project #: Submitted Date: Submitted By: Weld 004r1 County Jails Controls Upgrade Project #1152 Greeley Colorado 80631 1152 11.20.2018 Keith TOOLS & EQUIPMENT INFORMATION: Model/Putt qty: -r . Total: 0 $ - $ - Equipment Sub Total: $ - 0.00% Sales Tax: Sub Total: 15% Overhead & Profit: EquipmentTotal: $ $ $ $ - - - - SUBCONTRACTORS INFORMATION: Quote#: Subcontractor: City: Unit Cost: Total: Cummins estimate#242023 1 0 0 $ 4,544.00 $ $ 4,544.00 - $ - $ - $ - o $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 5 - $ - 0 $ - $ - o $ - $ 0 $ - $ - o $ $ Subcontractor Sub Total: $ 4,544.00 5% Overhead & Profit: Subcontractor Total: $ $ 227.20 4,771.20 SUMMARY INFORMATION: Labor Total: Material Total: EquipmentTotal: Subcontractor Total: Sub Total. 0.25% Insurance: Sub Total. 1.00% Bond: Grand Total: $ $ $ $ $ $ $ $ $ 10,245.82 1,380.00 4,771.20 16,397.02 40.99 16,438.01 164.38 16,602.39 PAGE 3 OF 3 RE: JAIL ELECTRONIC CONTROLS - CHANGES ORDER 3 (BID #B1700060) - CML SECURITY APPROVED AS TO SUBSTANCE: /1 Elected Official or Department Head APPROVED AS TO FUNDING: Controller AP county Httorney DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 May 22, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Jail Electronic Controls — Change Order 2 (Bid #B1700060) Weld County awarded the bid to upgrade the jail control system through a design -build process to CML Security for a total of $2,391,124. The requirements of the contract require that the network and components shall also be developed to allow the addition/expansion of capabilities for the new 374 bed addition to be built in 2019-2020. The data center configuration has been developed to allow this growth and expansion. However, the actual design work for jail controls for the new wing has not been performed. Our recommendation is to utilize the same equipment and software to maintain parallel operability within the next phase of the jail. The goal is to not complicate the master control staff, which otherwise could have to deal with two systems which in turn, could adversely impact the work requirements and officer safety. In order to maintain similar operability, the recommendation is to approve an amendment to this contract to include design services for jail controls for the next wing. Performing this design amendment is permissible through the Weld County Code, Sec. 5-4-80, Expenditures not requiring a procurement process. A.30 which states: Design limitations and compatibility with existing equipment. Due to the desire to maintain compatibility with existing equipment and the issue stated above, Buildings & Grounds is recommending approving the attached change order for $103,020.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director C.C.: PUC R £(CP/ RT) 3GCTT/SCG) OS/31/ 18' `'� "'�� Ai[A Document G7413u - 2015 Change Order for a Design -Build Project PROJECT (Wane and address): CHANGE ORDER NUMBER: 002 OWNER: Weld County Jail Electronics Controls DATE: 5/22/2018 - Design Build, 21100 Street, DESIGN -BUILDER: Greeley, CO 80631 ARCHITECT: ❑ TO DESIGN -BUILDER (Name and FIELD: address): OWNER'S PROJECT NUMBER: OTHER: ❑ CML Security LLC DESIGN -BUILD CONTRACT DATE: 07/24/2017 400 Young Court, Unit I DESIGN -BUILD CONTRACT FOR: Security Eric, Colorado 80516 Electronics Upgrade THE DESIGN -BUILD CONTRACT IS CHANGED AS FOLLOWS: (include, where applicable, day mrdisp ited arnow,t arb lbirtable to pieivoasly e.u'culed Grange Directives) Design build services to provide and install security electronics upgrades per CML 100% CD documents dated 09/13/2017 The original Contract Sum was $ 214,120.00 The net change by previously authorized Change Orders $ 2,177,00400 The Contmet Stun prior to this Change Order was $ 2,391,124 00 Tho Contract Sum will be increased by this Change Order in the amount of $ 103,020.00 The new Contract Stun including this Change Order will be $ 2.494.144.00 20 The Contract Time will be increased by 99 Days. The date of Substantial Completion as of the date of this Change Order therefore is December 1, 2018 NOTE: This Change Ordcr does net -include changes in the Design -Builder's compensation, Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Change Directive until (lie cost and time have been agreed upon by both the Owner and Design -Builder, in which case a Change Order is executed to supersede the Change Directive. illien erecnNng this Change Owlet, the Design -Builder represents that all changes to Project design implemented by tlris Change Onrler have been rerieued and approved ire wilting by the Arrli teci or other licensed design profecsional(s) of record for the Project NOT VALID UNTIL SIGNED BY THE DESIGN -BUILDER AND OWNER. CML Security DES1ON•BUILDER (Finn none) 400 Young Court, Erie CO 80516 ADDRESS Tommy Thoene BY (7 Sign (I)'ed nanhe) 5/24/201 DATE Weld County Government OWNER (Finn h name) 1150 0 Street, Greeley, CO 80631 ADDRE BY (Sigiralurre) Steve Moreno, BOCC Chair r� rif L 4+ , DATE AIA Document 0741"— 201& Copyright 412015bylhe American Institute olArchilecl.;, All lights reserved. WARNING; This A1As Do:untent Is, protected by U.B. Copyright Lew slidintemational Treaties. Unauthorized reproduction or distribution of this ANA' Docum.nt, or any portion cf fl, may result In lever. chin and criminal penalties, and will be prosecuted to the maximum extent possiblo under rho law. Tb'o document was prodiccd by AIA sofnvcro at 16:48:44 on 10109/2017 under Order No. 4283818203wt4 h expires m innianoia. and Is not (or reseie. User Notes: (389ADA2F1 O01 '7 - O -7 r RE: JAIL ELECTRONIC CONTROLS - CHANGE ORDER #2 APPROVED AS O SUBSTANCE: Elected O icial or Department Head APPROVED AS T,9 FLJNDING'1gaoit2cJ Controller A PROV AS TO FOR County Attorney S.CML u r i t y Weld County Jail — Two West Addition Greeley, CO Attn: Toby Taylor Submittal Date: 05.03.18 Design Service Proposal CML Security proposes to provide design services for Electronic Safety and Security package based on the completed design for the existing facility and the RFP narrative for the phase two West addition. GENERAL INCLUSIONS: 1. Engineering, coordination, installation, and management required to complete the design as listed herein. 2. Design Services in accordance to the scope defined in the RFP documentation produced by the County. 3. Electronic Safety and Security Design stamped to meet local AHJ requirements. INCLUDED: 1. Contract documents publication including — drawings and specifications 2. Attend all design meeting to represent SEC design into overall project needs. 3. Present and review system requirements with owner's representatives. 4. Design coordination with other design professionals, architects and engineers assigned to the project. 5. Review the capabilities of recommended or desired systems. 6. Coordinate requirements with the design team for special requirements, equipment rooms, power and HVAC. 7. Provide estimates for expected construction costs. 8. Provide construction administration phase services including submittal review with the owner, site investigation and reporting, closeout document review. 9. Coordination with the Commercial Hardware (Div 08) and Detention Hardware (Div 11) for electronic and access control equipment 10. Security Electronics Specification Sections including a Security Electronics General Conditions Sheet (Div 28) 11. December 1 2018 completion date based off of Roche's design schedule to Weld County NOT INCLUDED: 1. Tax of any kind 2. Fees, permits or other assessments 400 Young Court, Erie, CO 80516 1 720 466 3650 1 www.cmisecurity.us I © Copyright 2018 S.CML 3. 3D Modeling of equipment 4. Design of detention doors, frames, glazing and hardware PRICE PROPOSAL: SEC Design Services Fee: $ 76,200 Voluntary Add Alternate - Design Service Fee for modular cells, detention doors, keying, frames, glazing, furniture and hardware to ensure it ties into existing design: $ 16,480 Voluntary Add Alternate - Design Service Fee for commercial doors, keying, frames, glazing, and hardware to ensure it ties into existing design: $ 10,340 CLOSING We appreciate the opportunity to partner with you to provide a solution to fit your needs. If there are any questions or concerns, please feel free to call or email any time. Sincerely, "U - Shelby Davidson Chief Estimator CML Security P. 701.739.3099 E. sdavidson@cmlsecurity.us 400 Young Court, Erie, CO 80516 1 720 466 3650 1 www.cmtsecurity.us I © Copyright 2018 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 November 7, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Jail Electronic Controls — Change Order 1 (Bid #B1700060) Weld County awarded the bid to upgrade the jail control system through a design -build process to CML Security. The design portion was for $214,120. The design is complete and CML has established the Guaranteed Maximum Price for the construction phase of this project at $2,177,004. To convert this project from the design phase to the construction phase, Change Order #1 is for the $2,177,004 is needed. Buildings & Grounds is recommending approval of Change Order #1. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director //&) cCTT/sG) oaoi7_ v7/9 6C,na(9 Document G74ITM - 2015 Change Order for a Design -Build Project PROJECT (Nance and address,): Weld County Jail Electronics Controls - Design Build, 21100 Street, Greeley, CO 80631 TO DESIGN -BUILDER (Nance and address): CML Security LLC 400 Young Court, Unit 1 Erie, Colorado 80516 CHANGE ORDER NUMBER: 001 DATE: 10/09/2017 OWNER'S PROJECT NUMBER: DESIGN -BUILD CONTRACT DATE: 07/24/2017 DESIGN -BUILD CONTRACT FOR: Security Electronics Upgrade OWNER: DESIGN -BUILDER: ARCHITECT: ❑ FIELD: OTHER: ❑ THE DESIGN -BUILD CONTRACT iS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Change Directives) Design build services to provide and install security electronics upgrades per CML 100% CD documents dated 09/13/2017 The original Contract Sum was $ 214,120.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 214,120.00 The Contract Sum will be increased by this Change Order in the amount of $ 2,177,004.00 The new Contract Sum including this Change Order will be $ 2,391,124.00 The Contract Time will be increased by 322 days The date of Substantial Compaction as of the date of this Change Order therefore is August 24, 2018 NOTE: This Change Order does not -include changes in the Design -Builder's compensation, Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Change Directive until the cost and time have been agreed upon by both the Owner and Design -Builder, in which case a Change Order is executed to supersede the Change Directive. When executing this Change Order; the Design -Builder represents that all changes to Project design irnpletnerded by this Change Order hate been reviewed and approved in writing by the Architect or other licensed design professional(s) of recordfor the Project. NOT VALID UNTIL SIGNED BY THE DESIGN -BUILDER AND OWNER. CML SECURITY LLC DESIGN -BUILD F r ► tie) 400 ' RT UNIT 1 ADORES . BY (Sigma are) MICHAEL RYPKEMA, VP OPERATIONS (Typed name) 09 OCTOBER 2017 DATE WELD COUNTY OWNER (Firm name) 1150 0 Street, Greeley, CO 80631 AD RES$ � Sigrflure) JULIE A. COZAD, CHAT (Typedare NOV 1 5 2017 DATE AiA Document 0741"' — 2015. Copyright © 2015 byThe American Institute of Architects. All rights reserved. WARNING: This AIAz Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIM Document, or any portion of It, 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 18:48:44 on 10/09/2017 underOrder No. 4283648203 which expires on 10/06/2018, and Is not for resale. User Notes: (3B9ADA2F) 020/7-0717 RE: JAIL ELECTRONIC CONTROLS CHANGE ORDER #1 - CML SECURITY APPROVES AS TO SUBSTANCE: EI ted Official or Department Head APPROVED AS TO FUNDING: Contro er A PROV #AIA Document`A141'" - 2014 Standard Form of Agreement Between Owner and Design -Builder AGREEMENT made as of the 22nd day of June in the year 2017 (In words, Indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Weld County, Colorado, Buildings and Grounds Department 1150 O Street Greeley, CO 80631 and the Design -Builder: (Name, legal status, address and other information) CMG Security, LLC 400 Young Court, Unit I Erie, CO 80516 Telephone Number: (720) 466-3650 Fax Number. (720) 438-7573 for the following Project: (Name, location and detailed description) Weld County Jail Electronic Controls -Design Build 2110O Street Greeley, CO 80631 Design, Build and Replacement of the County Jail Security Electronics Control System. The Owner and Design -Builder agree as follows. ≥3JN* ADDITIONS AND DELETIONS: The author of this document has added Information needed for Its completion. The author may also have restsed the text of to original ALA standard b m. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text Is evaisMe from the author and should be reviewed. A vertical me In the left margin of We document Indicates where the author has added necessary information and where the author has added loor deleted from the original AIA lard. This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modatlon. Consultation with an attorney is also encouraged with respect to professional licensing requirements In the jurisdiction where the Project Is pocated. /prI424 ci-;) ems: %- 020 [-1- D'1t9C�) AIA Document A141" -2014. Copyright •2004 and 2014 by The Amodcen tnstlkile of Architects. AN lights reserved. WAaNING: This A1AA Document Is (nit. protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AMA. Document, or any portion of It, may result In severe eeMI and criminal penalties, and will be prosecuted to tine maxlnwm extent possible under the law. This document was produced by AIA softwors at 15:24:41 on 06/2812017 under Order No. 8308701110 which ezplrjsprt a� 18 `sndA not for resale. User Notes: ( (389ADA22) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 COMPENSATION AND PROGRESS PAYMENTS 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN -BUILD CONTRACT 4 WORK PRIOR TO EXECUTION OF THE DESIGN -BUILD AMENDMENT 5 WORK FOLLOWING EXECUTION OF THE DESIGN -BUILD AMENDMENT 6 CHANGES IN THE WORK 7 OWNER'S RESPONSIBILITIES 8 TIME 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 UNCOVERING AND CORRECTION OF WORK 12 COPYRIGHTS AND LICENSES 13 TERMINATION OR SUSPENSION 14 CLAIMS AND DISPUTE RESOLUTION 15 MISCELLANEOUS PROVISIONS 16 SCOPE OF THE AGREEMENT TABLE OF EXHIBITS A DESIGN -BUILD AMENDMENT B INSURANCE AND BONDS C SUSTAINABLE PROJECTS ARTICLE I GENERAL PROVISIONS 31.1 Owner's Criteria This Agreement is based on the Owner's Criteria set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable" or "unknown at time of execution." " If the Owner Intends to provide a set of design documents, and the requested information is contained in the design documents, ident(fy the design documents and insert "see Owner's design documents" where appropriate.) 31.1.1 The Owner's program for the Project: (Set forth the program, identif}' documentation in which the program is set forth, or state the manner in which the program will be developed.) N/A tnk. AMA Document A1411V - ZU14. Cotiyrlpht O 2004 and 2044 by The ArrMdcsn ketituis of Architects. AN rights reserved. WARNtNO: This AIA' Document Is protectsd by U.S. Copyright Law and krternetlonai Trsalles. Unaulho►hsd reproduction or distribution of this MA' Document, or any portion of it. 2 may result In seven chit and criminal psnattles, and will be prosecuted to tine maximum extent possible under the low. ThIs document was produced by AlA software at 15:24:41 on Ott12812017 under Order No. 8788791110 which expires on 0O/2212015, end is not for resale. Liter tit.. rUt"nA991 §1.1.2 The Owner's design requirements for the Project and related documentation: (!dent below, or In an attached exhibit, the documentation that contains the Owner's design requirements, including any performance speci/ieations for the Project.) See Exhibit A § 1.1.3 The Project's physical characteristics: (klenl(y or describe, #*appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and prime utilities and services; legal description of the site. eta) N/A § 1.1.4 The Owner's anticipated Sustainable Objective for the Project, if any: (Identify the Owner's Sustainable Objective for the Project such as Sustainability Cerljficaiion, benefit to the environment, enhancement to the health and well-being of building occupants, or Improvement of energy efficiency. If the Owner Identifies a Sustainable Objective, Incorporate AIA Document Al4PM_2014, Exhibit C, Sustainable Projects, Into this Agreement to define the terms, conditions and Work related to the Owner's Sustainable Objective.) N/A § 1.1.5 Incentive programs the Owner intends to pursue for the Project, including those related to the Sustainable Objective, and any deadlines for receiving the incentives that are dependent on, or related to, the Design -Builder's services, are as follows: (IdentO incentive programs the Owner intends to pursue for the Project and deadlines for submitting or applying for the incentive progransj N/A § 1.1.8 The Owner's budget for the Work to be provided by the Design -Builder is set forth below: (Provide total/or Owner's budget, and ff known, a line item breakdown of costs.) § 1.1.7 The Owner's design and construction milestone dates: .1 Design phase milestone dates: .2 Submission of Design -Builder Proposal: March 8, 2017 .3 Phased completion dates: .4 Substantial Completion date: February 1, 2018 .5 Other milestone dates: Commence Construction - July 1, 2017 Final Completion - March 1, 2018 mit MA Document A141 "' —2014. CopyApht 2004 said 2014 by The Marian kuHlgrb of Archers. A8 rights reserved. WARNING: This AIM Document Is protected by U.S. Copyright Law and Intsrnstionst Treaties. Unauthorized reproduction or distribution of this ALA' nsult In swore ewa and criminal s, end will be rosecu�i so the maximum extent or any portion of c 3 may ponakiep poss�le ardor eM law. This document was produced by AIA software at 1524:41 on ON28P2017 under Order No. 8968791110 which expkes on 0&2212018, end Is not for rest. User Notes: t2aaADA221 § 1.1.8 The Owner requires the Design -Builder to retain the following Architect, Consultants and Contractors at the Design -Builder's cost: (List name, legal status, address and other Information.) .1 Architect .2 Consultants .3 Contractors § 1.1.0 Additional Owner's Criteria upon which the Agreement is based: (!dent fy special characteristics or needs of the Project not identified elsewhere, such as historic preservation requirements.) See Exhibit A, B ad C. § 1.1.10 The Design -Builder shall confirm that the information included in the Owner's Criteria complies with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 1.1.10.1 If the Owner's Criteria conflicts with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design -Builder shall notify the Owner of the conflict. §1.1.11 If there is a change in the Owner's Criteria, the Owner and the Design -Builder shall execute a Modification in accordance with Article 6. § 1.1.12 If the Owner and Design -Builder intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. Unless otherwise agreed, the parties will use AIA Document E203T"1-2013 to establish the protocols for the development, use, transmission, and exchange of digital data and building information modeling. §1.2 Project Team §1.2.1 The Owner identifies the following representative in accordance with Section 7.1.1: (List name, address and other information.) § 1.2.2 The persons or entities, in addition to the Owner's representative, who are required to review the Design - Builder's Submittals are as follows: (List name, address and other Information.) §1.2.3 The Owner will retain the following consultants and separate contractors: (List discipline, scope of work, and, if known, Identify by name and address.) Intl. AIA Document A141 ^V — 2014. Cop ,t *2804 and 2014 by The M,erlcan paaituto of Arch rtIs Architects. All yhts ressrvsd WARNING: This AIA° Document protected by U.B. Co~ Law and Internatk►nal Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It. 4 may mull In severe eiva and criminal penalties, and will be prosecuted to the maximum extent possaah under the law. This document was produced by i AlA software at 1524:41 on 08128/2017 under Order No. $308781110 witch expires on 0812212018. end is not for acute. user Nei! 13BOADA221 § 1.2.4 The Design -Builder identifies the following representative in accordance with Section 3.1.2: (List name. address and other Information.) § 1.2.5 Neither the Owner's nor the Design -Builder's representative shall be changed without ten days' written notice to the other party. § 1.3 Bing Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 14.3, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Design Builder do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) Y< { *t Arbitration pursuant to Section 14.4 [14 Litigation in a court of competent jurisdiction [ l Other: (Spec) 31.4 DefinItions §1.4.1 Deslglt-Build Documents. The Design -Build Documents consist of this Agreement between Owner and Design -Builder and its attached Exhibits (hereinafter, the "Agreement"); other documents listed in this Agreement; and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, including the Design -Build Amendment, (2) a Change Order, or (3) a Change Directive. § 1.4.2 The Contract The Design -Build Documents form the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Design -Build Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Design -Builder. § 1.4.3 The Work. The term "Work" means the design, construction and related services required to fulfill the Design - Builder's obligations under the Design -Build Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Design -Builder. The Work may constitute the whole or a part of the Project. § 1.4.4 The Project. The Project is the total design and construction of which the Work performed under the Design - Build Documents may be the whole or a part, and may include design and construction by the Owner and by separate contractors. § 1.4.5 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Design -Builder, Contractor(s), Architect, and Consultant(s) under their respective agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, digital models and other similar materials. tnD. AIA Document A141 ^' — 20114. Copyri11ld O 2004 and 2014 by The M»rtcsn huftits of kchitecta. Al rtyh1 reserved. WARNING: This MAe Document Is protected by U.S. Copyright Law and hrlsrnatlonel Treaties. Unsutorised r.prethacllon or distrbulten of this AIM Document, or any portion 0( 11, 5 may result in sewn civil and ermnlnal psnaltiss, and will be prosecuted to the maximum extant possible under the law. This document was produced by AlA software at 13:24:41 on 08126/2017 under Order No. $386791110 wAich expires on 08/22120111, and Is not for mists. User NM. r3BQADA221 § 1.4.5 Submittal. A Submittal is any submission to the Owner for review and approval demonstrating how the Design -Builder proposes to conform to the Design -Build Documents for those portions of the Work for which the Design -Build Documents require Submittals. Submittals include, but are not limited to, shop drawings, product data, and samples. Submittals are not Design -Build Documents unless incorporated into a Modification. § 1.4.7 Owner. The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. § 1A.$ Design -Builder. The Design -Builder is the person or entity identified as such in the Agreement and is referred to throughout the Design -Build Documents as if singular in number. The term "Design -Builder" means the Design - Builder or the Design -Builder's authorized representative. § 1.4.9 Consultant. A Consultant is a person or entity providing professional services for the Design -Builder for all or a portion of the Work, and is referred to throughout the Design -Build Documents as if singular in number. To the extent required by the relevant jurisdiction, the Consultant shall be lawfully licensed to provide the required professional services. § 1.4.10 Arehltect. The Architect is a person or entity providing design services for the Design -Builder for all or a portion of the Work, and is lawfully licensed to practice architecture in the applicable jurisdiction. The Architect is referred to throughout the Design -Build Documents as if singular in number. § 1.4.11 Contractor. A Contractor is a person or entity performing all or a portion of the construction, required in connection with the Work, for the Design -Builder. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project Is located. The Contractor is referred to throughout the Design -Build Documents as if singular in number and means a Contractor or an authorized representative of the Contractor. § 1.4.12 Confidential Information. Confidential Information is information containing confidential or business proprietary information that is clearly marked as "confidential." § 1.4.13 Contract Time. Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, as set forth in the Design -Build Amendment for Substantial Completion of the Work. § 1.4.14 Day. The term "day" as used in the Design -Build Documents shall mean calendar day unless otherwise specifically defined. § 1.4.15 Contract Sum. The Contract Sum is the amount to be paid to the Design -Builder for performance of the Work after execution of the Design -Build Amendment, as identified in Article A.1 of the Design -Build Amendment. ARTICLE 2 COMPENSATION AND PROGRESS PAYMENTS § 2.1 Compensation for Work Performed Prior To Execution of Design -Build Amendment § 2.1.1 Unless otherwise agreed, payments for Work performed prior to Execution of the Design -Build Amendment shall be made monthly. For the Design -Builder's performance of Work prior to the execution of the Design -Build Amendment, the Owner shall compensate the Design -Bair as follows: (Insert amount of, or basis for, compensation, including compensation for any Suslainabllity Services, or indicate the exhibit In which the Information is provided. If there will ben limit on the total amount of compensation for Work performed prior to the execution of the Design Build Amendment, stale the amount of the limit,) See Exhibit B. § 2.1.2 The hourly billing rates for services of the Design -Builder and the Design -Builder's Architect, Consultants and Contractors, if any, are set forth below. (I/applicable, attach an exhibit of hourly billing rates or Insert them below.)N/A Individual or Position Rate snit. AIA Document At41"' -2014. Cop W O 2004 and 2014 by The American WSW* of Ardt*scts. AN ruts reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and international Trestles. Unauthorised reproduction or distrawnon of the AlA* Document. or my portion of a. 6 may result to severe diva and criminal penalties, and wit be prosecuted to On maximum extent possible under the low. TN. document was produced by AlA software at 18:24:41 on 06/2.12017 under order No. 0360701110 which expires on 061221201$. end is not for roast.. User Notes: ISB0ADA221 § 2.1.3 Compensation for Reimbursable Expenses Prior To Execution of Design -Build Amendment § 2.1.3.1 Reimbursable Expenses are in addition to compensation set forth in Section 2.1.1 and 2.1.2 and include expenses, directly related to the Project, Incurred by the Design -Builder and the Design -Builder's Architect, Consultants, and Contractors, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 All taxes levied on professional services and on reimbursable expenses; and .9 Other Project -related expenditures, if authorized in advance by the Owner. § 2.1.3.2 For Reimbursable Expenses, the compensation shall be the expenses the Design -Builder and the Design. Builder's Architect, Consultants and Contractors incurred, plus an administrative fee of percent ( %) of the expenses incurred. § 2.1.4 Payments to the Design -Builder Prior To Execution of Design -Build Amendment § 2.1.4.1 Payments are due and payable upon presentation of the Design -Builder's invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Design -Builder. (Insert rate of monthly or annual Interest agreed upon.) i § 2.1.4.2 Records of Reimbursablo Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times for a period of two years following execution of the Design -Build Amendment or termination of this Agreement, whichever occurs first. § 2.2 Contract Sum and Payment for Work Performed After Execution of Design -Build Amendment For the Design -Builder's perforn ance of the Work after execution of the Design -Build Amendment, the Owner shall pay to the Design -Builder the Contract Sum in current funds as agreed in the Design -Build Amendment. ARTICLE 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN -BUILD CONTRACT § 3.1 General § 3.1.1 The Design -Builder shall comply with any applicable licensing requirements in the jurisdiction where the Project is located. § 3.1.2 The Design -Builder shall designate in writing a representative who is authorized to act on the Design - Builder's behalf with respect to the Project. § 3.1.3 The Design -Builder shall perform the Work in accordance with the Design -Build Documents. The Design - Builder shall not be relieved of the obligation to perform the Work in accordance with the Design -Build Documents by the activities, tests, inspections or approvals of the Owner. § 3.1.3.1 The Design -Builder shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. If the Design -Builder performs Work contrary to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, the Design -Builder shall assume responsibility for such Work and shall bear the costs attributable to correction. § 3.1.3.2 Neither the Design -Builder nor any Contractor, Consultant, or Architect shall be obligated to perform any act which they believe will violate any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. If the Design -Builder determines that implementation of any instruction received from the Owner, including those In the Owner's Criteria, would cause a violation of any applicable laws, statutes, AIA Document A14110 —2014. Copyright O 2008 and 2014 by The Mwrlan Insihrle or A►chitects. AN rights reserved. WAR182HA: This AIAP Document is trait. protected by U.S. Copyright Law and international Treatbs. Unauthorized reproduction or distribution of this ALAN Document, or any portion of it, may result In swere civil and criminal penalties, and will be prosecuted to the maximum extant possMe under She law. This document was produced by / AIA software at 1524:41 on OQt28t2017 under Order No. 0308791110 which expires on 00/2212018, and Is not for resals. User Nobs: (399ADA22) ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design -Builder shall notify the Owner in writing. Upon verification by the Owner that a change to the Owner's Criteria is required to remedy the violation, the Owner and the Design -Builder shall execute a Modification in accordance with Article 6. § 3.1.4 The Design -Builder shall be responsible to the Owner for acts and omissions of the Design -Builder's employees, Architect, Consultants, Contractors, and their agents and employees, and other persons or entities performing portions of the Work. § 3.1.5 General Consultation. The Design -Bunker shall schedule and conduct periodic meetings with the Owner to review matters such as procedures, progress, coordination, and scheduling of the Work. § 3.1.6 When applicable law requires that services be performed by licensed professionals, the Design -Builder shall provide those services through qualified, licensed professionals. The Owner understands and agrees that the services of the Design -Builder's Architect and the Design -Builder's other Consultants are performed in the sole interest of, and for the exclusive benefit of, the Design -Builder. § 3.1.7 The Design -Builder, with the assistance of the Owner, shall prepare and file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. § 3.1.8 Progress Reports § 3.1.8.1 The Design -Builder shall keep the Owner informed of the progress and quality of the Work. On a monthly basis, or otherwise as agreed to by the Owner and Design -Builder, the Design -Builder shall submit written progress reports to the Owner, showing estimated percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report, including a summary of outstanding Submittals; .4 Responses to requests for information to be provided by the Owner, .5 Approved Change Orders and Change Directives; .6 Pending Change Order and Change Directive status reports; .7 Tests and inspection reports; .8 Status report of Work rejected by the Owner; .9 Status of Claims previously submitted in accordance with Article 14; .10 Cumulative total of the Cost of the Work to date including the Design -Builder's compensation and Reimbursable Expenses, if any; .11 Current Project cash -flow and forecast reports; and .12 Additional information as agreed to by the Owner and Design -Builder. § 3.1.8.2 In addition, where the Contract Sum is the Cost of the Work with or without a Guaranteed Maximum Price, the Design -Builder shall include the following additional information in its progress reports: .1 Design -Builder's work force report; .2 Equipment utilization report; and .3 Cost summary, comparing actual costs to updated cost estimates. §3.1.9 Design-Buider's Schedules § 3.1.9.1 The Design -Builder, promptly after execution of this Agreement, shall prepare and submit for the Owner's information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design -Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design -Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. § 3.1.9.2 The Design -Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. § 3.1.10 CertM aeons. Upon the Owner's written request, the Design -Builder shall obtain from the Architect, Consultants, and Contractors, and furnish to the Owner, certifications with respect to the documents and services AlA Document A141 "' — 3014. Copyright 03004 and 2014 by The Amedan tnsiltute of ArchN.cts. All rights reserved. WARNING: This AIA1 Document is mit. protected by U.S. Copyright Low and International Treaties. Unauthorteed reproduction or distribution of this AIA• Document, or any portion of It. may resua in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AA soaware at 15:24:41 on 001211201? under rider No. 0350701110 which expiry an 0012212010. and N not for resale. User Notes: (380ADA22) provided by the Architect, Consultants, and Contractors (a) that, to the best of their knowledge, information and belief, the documents or services to which the certifications relate (i) are consistent with the Design -Build Documents, except to the extent specifically identified in the certificate, and (ii) comply with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities governing the design of the Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in the certifications. The Design -Builder's Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of their services. § 3.1.11 Design-Bulder's Submittals § 3.1.11.1 Prior to submission of any Submittals, the Design -Builder shall prepare a Submittal schedule, and shall submit the schedule for the Owner's approval. The Owner's approval shall not unreasonably be delayed or withheld. The Submittal schedule shall (1) be coordinated with the Design -Builder's schedule provided in Section 3.1.9.1, (2) allow the Owner reasonable time to review Submittals, and (3) be periodically updated to reflect the progress of the Work. If the Design -Builder fails to submit a Submittal schedule, the Design -Builder shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of Submittals. § 3.1.11.2 By providing Submittals the Design -Builder represents to the Owner that it has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such Submittals with the requirements of the Work and of the Design -Build Documents. § 3.1.11.3 The Design -Builder shall perform no portion of the Work for which the Design -Build Documents require Submittals until the Owner has approved the respective Submittal. § 3.1.11.4 The Work shall be in accordance with approved Submittals except that the Design -Builder shall not be relieved of its responsibility to perform the Work consistent with the requirements of the Design -Build Documents. The Work may deviate from the Design -Build Documents only if the Design -Builder has notified the Owner in writing of a deviation from the Design -Build Documents at the time of the Submittal and a Modification is executed authorizing the identified deviation. The Design -Builder shall not be relieved of responsibility for errors or omissions in Submittals by the Owner's approval of the Submittals. § 3.1.11.5 All professional design services or certifications to be provided by the Design -Builder, including all drawings, calculations, specifications, certifications, shop drawings and other Submittals, shall contain the signature and seal of the licensed design professional preparing them. Submittals related to the Work designed or certified by the licensed design professionals, if prepared by others, shall bear the licensed design professional's written approval. The Owner and its consultants shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 3.1.12 Warranty. The Design -Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Design -Build Documents require or permit otherwise. The Design -Builder further warrants that the Work will conform to the requirements of the Design -Build Documents and will be free from de€ects, except for those Inherent in the quality of the Work or otherwise expressly permitted by the Design -Build Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Design -Builder's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Design -Builder, improper or insufficient maintenance, Improper operation, or normal weer and tear and normal usage. If required by the Owner, the Design -Bulkier shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.1.13 Royalties, Patents and Copyrights § 3.1.13.1 The Design -Builder shall pay all royalties and license fees. § 3.1.13.2 The Design -Builder shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and its separate contractors and consultants harmless from toss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufaehuer or manufacturers is required by the Owner, or where the copyright violations are required in the Owner's Criteria. However, if the Design -Builder has reason to believe that the design, process or product required in the Owner's AlA Document A1411U —1014. Copyrtpht O 2004 and 2014 by The Amsdcan Institutor of Architects. AS d ids a utvsd. WARNING: This AIM Document is protected by U.S. Copyright Low and International Troraties. Unauthorised reproduction or distribution of this AIA° Document, er any portion of it. may result In some dvti and criminal p.naties, and will be prosecuted to tire maximum extent possarle under the law. This document was Produced by AIA software at 1624:-41 on 00/28/2017 under Order No. 6300791110 whIch expires on 061221201 e, and Is not for resale. User Notes: (3119ADA22) Criteria Is an infringement of a copyright or a patent, the Design -Builder shall be responsible for such loss unless such information is promptly furnished to the Owner. If the Owner receives notice from a patent or copyright owner of an alleged violation of a patent or copyright, attributable to the Design -Builder, the Owner shall give prompt written notice to the Design -Builder. § 3.1.14 Wem nlflcaton § 3.1.14.1 To the fullest extent permitted by law, the Design -Builder shall Indemnify and hold harmless the Owner, including the Owner's agents and employees, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, but only to the extent caused by the negligent acts or omissions of the Design -Builder, Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.1.14. § 3.1.14.2 The indemnification obligation under this Section 3.1.14 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Design -Builder, Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by them, under workers' compensation acts, disability benefit acts or other employee benefit acts. § 3.1.16 Conttnpent Assignment of Agreements § 3.1.16.1 Each agreement for a portion of the Work is assigned by the Design -Builder to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause, pursuant to Sections 13.1.4 or 13.2.2, and only for those agreements that the Owner accepts by written notification to the Design -Builder and the Architect, Consultants, and Contractors whose agreements are accepted for assignment; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of an agreement, the Owner assumes the Design -Builder's rights and obligations under the agreement. §3.1.15.2 Upon such assignment, if the Work has been suspended for more than 30 days, the compensation under the assigned agreement shall be equitably adjusted for increases in cost resulting from the suspension. § 3.1.16.3 Upon such assignment to the Owner under this Section 3.1.15, the Owner may further assign the agreement to a successor design -builder or other entity. If the Owner assigns the agreement to a successor design - builder or other entity, the Owner shall nevertheless remain legally responsible for all of the successor design - builder's or other entity's obligations under the agreement. § 3.1.16 Design -Builder's Insurance and Bonds. The Design -Builder shall purchase and maintain insurance and provide bonds as set forth in Exhibit C. ARTICLE 4 WORK PRIOR TO EXECUTION OF THE DESIGN-BULD AMENDMENT § 4.1 General § 4.1.1 Any information submitted by the Design -Builder, and any interim decisions made by the Owner, shall be for the purpose of facilitating the design process and shall not modify the Owner's Criteria unless the Owner and Design -Builder execute a Modification. § 4.1.2 The Design -Builder shall advise the Owner on proposed site use and improvements, selection of materials, and building systems and equipment. The Design -Builder shall also provide the Owner with recommendations, consistent with the Owner's Criteria, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 4.2 Evaluation of the Owner's Criteria § 4.2.1 The Design -Builder shall schedule and conduct meetings with the Owner and any other necessary individuals or entities to discuss and review the Owner's Criteria as set forth in Section 1.1.The Design -Builder shall thereafter AIA Document A141"' - 2014. Cepyrtpht O 2004 and 2014 by The American Mellule of Archlects. AN dolts reserved. WARNiNdt: This AIA' Document Is nit. protected by U.S. Copyright law and international Treaties. Unauthorized reproduction or distribution of this MA' Document, or any portion of N. 10 may result In severe ahrM and criminal penalties, and wil be prosecuted to the maximum extent possible wider the law. This document was produced by AtA software at 1824:41 on 00/2812017 under Order No. 8306191140 wtich expires on 00122/2018. and N not for resale. User Notes: (3a9ADA22) again meet with the Owner to discuss a preliminary evaluation of the Owner's Criteria. The preliminary evaluation shall address possible alternative approaches to design and construction of the Project and include the Design - Builder's recommendations, if any, with regard to accelerated or fast -track scheduling, procurement, or phased construction. The preliminary evaluation shall consider cost information, constructability, and procurement and construction scheduling issues. § 4.2.2 After the Design -Builder meets with the Owner and presents the preliminary evaluation, the Design -Builder shall provide a written report to the Owner, summarizing the Design -Builder's evaluation of the Owner's Criteria. The report shall also include .1 allocations of program functions, detailing each function and their square foot areas; .2 a preliminary estimate of the Cost of the Work, and, if necessary, recommendations to adjust the Owner's Criteria to conform to the Owner's budget; .3 a preliminary schedule, which shall include proposed dosign milestones; dates for receiving additional information from, or for work to be completed by, the Owner; anticipated date for the Design - Builder's Proposal; and dates of periodic design review sessions with the Owner, and .4 the following: (List additional Information. ([any. to be included in the Design -Builder's written report.) § 4.2.3 The Owner shall review the Design -Builder's written report and, if acceptable, provide the Design -Builder with written consent to proceed to the development of the Preliminary Design as described in Section 4.3. The consent to proceed shall not be understood to modify the Owner's Criteria unless the Owner and Design -Builder execute a Modification. § 4.3 Prokablary Design § 4.3.1 Upon the Owner's issuance of a written consent to proceed under Section 4.2.3, the Design -Builder shall prepare and submit a Preliminary Design to the Owner. The Preliminary Design shall include a report identifying any deviations from the Owner's Criteria, and shall include the following: .1 Confirmation of the allocations of program functions; .2 Site plan; .3 Building plans, sections and elevations; .4 Structural system; .5 Selections of major building systems, including but not limited to mechanical, electrical and plumbing systems; and .6 Outline specifications or sufficient drawing notes describing construction materials. The Preliminary Design may include some combination of physical study models, perspective sketches, or digital modeling. § 4.3.2 The Owner shall review the Preliminary Design and, if acceptable, provide the Design -Builder with written consent to proceed to development of the Design -Builder's Proposal. The Preliminary Design shall not modify the Owner's Criteria unless the Owner and Design -Builder execute a Modification. § 4.4 Deslgn-Builder's Proposal § 4.4.1 Upon the Owner's issuance of a written consent to proceed under Section 4.3.2, the Design -Builder shall prepare and submit the Design -Builder's Proposal to the Owner. The Design-Buikier's Proposal shall include the following: .1 A list of the Preliminary Design documents and other information, including the Design -Builder's clarifications, assumptions and deviations from the Owner's Criteria, upon which the Design - Builder's Proposal is based; .2 The proposed Contract Sum, including the compensation method and, if based upon the Cost of the Work plus a fee, a written statement of estimated cost organized by trade categories, allowances, contingencies, Design -Builder's Pee, and other items that comprise the Contract Sum; .3 The proposed date the Design -Builder shall achieve Substantial Completion; .4 An enumeration of any qualifications and exclusions, if applicable; .5 A list of the Design -Builder's key personnel, Contractors and suppliers; and ALA Document A141' — 2014. CopyelpId ® 2004 and 2014 by TM Am.ricen kisands of Arelrkeds. AN rights reserved. WAItMIMti: This AIM Document Is Intl. protected by U.O. copyright law and International Trestles. Unauthorized reproduction or distribution of this AIM Document, or any portion of lt. 11 may result In severe c:h►M and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by t AlA software at 1524:41 on 00/20/2017 under Order No. 0355791110 which expires on 06/2212010, and is not for resale. User Mots: (380/10622) .6 The date on which the Design -Builder's Proposal expires. § 4.4.2 Submission of the Design -Builder's Proposal shall constitute a representation by the Design -Builder that it has visited the site and become familiar with local conditions under which the Work is to be completed. § 4.4.3 if the Owner and Design -Builder agree on a proposal, the Owner and Design -Builder shall execute the Design -Build Amendment setting forth the terms of their agreement. ARTICLE 5 WORK FOLLOWING EXECUTION OF THE DESIGN -BUILD AMENDMENT § 5.1 Construction Documents § 5.1.1 Upon the execution of the Design -Build Amendment, the Design -Builder shall prepare Construction Documents. The Construction Documents shall establish the quality levels of materials and systems required. The Construction Documents shall be consistent with the Design -Build Documents. § 5.1.2 The Design -Builder shall provide the Construction Documents to the Owner for the Owner's information. If the Owner discovers any deviations between the Construction Documents and the Design -Build Documents, the Owner shall promptly notify the Design -Builder of such deviations in writing. The Construction Documents shall not modify the Design -Build Documents unless the Owner and Design -Builder execute a Modification. The failure of the Owner to discover any such deviations shall not relieve the Design -Builder of the obligation to perform the Work in accordance with the Design -Build Documents. § 5.2 Construction § 5.2.1 Commencement. Except as permitted in Section 5.2.2, construction shall not commence prior to execution of the Design -Build Amendment. § 5.2.2 If the Owner and Design -Builder agree in writing, construction may proceed prior to the execution of the Design -Build Amendment. However, such authorization shall not waive the Owner's right to reject the Design - Builder's Proposal. § 5.2.3 The Design -Builder shall supervise and direct the Work, using the Design -Builder's best skill and attention. The Design -Builder shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Design -Build Documents give other specific instructions concerning these matters. § 5.2.4 The Design -Builder shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 5.3 Labor and Materials § 5.3.1 Unless otherwise provided in the Design -Build Documents, the Design -Builder shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services, necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. § 5.3.2 When a material or system is specified in the Design -Build Documents, the Design -Builder may make substitutions only in accordance with Article 6. § 5.3.3 The Design -Builder shall enforce strict discipline and good order among the Design -Builder's employees and other persons carrying out the Work. The Design -Builder shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 5.4 Taxes The Design -Builder shall pay sales, consumer, use and similar taxes, for the Work provided by the Design -Builder, that are legally enacted when the Design -Build Amendment is executed, whether or not yet effective or merely scheduled to go into effect. AIA Document A141'- 2014. Copyrlpht O 2004 and 2014 by lie American klw$tute of ArcNteds. All r its reserved. WARNING: This AIM Document Is Init. protected by U.$. Copyd�hl Law and brlernallonsi Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of a, 12 may nsun In seven eM and criminal penalties, and will be prosecuted to tM maximum extant possible under ate law. TN, document was produced by AlA software at 132441 on Oel2a121i1T under Order No. 0360791110 which expires on 06122/2010, and Is not for resale. u... u..".. (309AUA22) § 5.5 Pegs, Fees, Notices and Compliance with Laws § 5.5.1 Unless otherwise provided in the Design -Build Documents, the Design -Bulkier shall secure and pay for the building permit as well as any other permits, fees, licenses, and inspections by government agencies, necessary for proper execution of the Work and Substantial Completion of the Project. § 5.5.2 The Design -Builder shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, applicable to performance of the Work. § 5.5.3 Concealed or Unknown Conditions. if the Design -Builder encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design - Build Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design -Build Documents, the Design -Builder shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall promptly Investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Design -Builder's cost of, or time required for, performance of any part of the Work, shall recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design -Build Documents and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design -Builder in writing, stating the reasons. If the Design -Builder disputes the Owner's determination or recommendation, the Design - Builder may proceed as provided in Article 14. § 5.5.4 If, in the course of the Work, the Design -Builder encounters human remains, or recognizes the existence of burial markers, archaeological sites, or wetlands, not indicated in the Design -Build Documents, the Design -Builder shall immediately suspend any operations that would affect them and shall notify the Owner. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Design -Builder shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 14. § 5.6 Allowances § 5.6.1 The Design -Builder shall include in the Contract Sum all allowances stated in the Design -Build Documents. Items covered by allowances shall be supplied for such amounts, and by such persons or entities as the Owner may direct, but the Design -Builder shall not be required to employ persons or entities to whom the Design -Builder has reasonable objection. § 5.6.2 Unless otherwise provided in the Design -Build Documents, .1 allowances shall cover the cost to the Design -Builder of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 the Design -Builder's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts, shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 5.6.2.1 and (2) changes in Design -Builder's costs under Section 5.6.2.2. § 5.6.3 The Owner shall make selections of materials and equipment with reasonable promptness for allowances requiring Owner selection. § 5.7 Key Personnel, Contractors and Suppliers § 5.7.1 The Design -Builder shall not employ personnel, or contract with Contractors or suppliers to whom the Owner has made reasonable and timely objection. The Design -Builder shall not be required to contract with anyone to whom the Design -Builder has made reasonable and timely objection. AIA Document A141- —2014. Copyrlpht O 2004 sad 2014 by The American Ins*uts of Ardrkects. AN r1gM. reserved WARNNN): This A1As Document Is tll. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• Document, or any portion of It, 13 may result In severe slvl and criminal penalties. sad WM be prosecuted to ties maximum extent possible under the low. This document was produced by NA soawere at 152441 on 0612012017 under Order No. 6360791110 which expires on 0012212018, and is not Per resale. User Notaa! (3n9ADA22) § 5.7.2 If the Design -Builder changes any of the personnel, Contractors or suppliers identified in the Design -Build Amendment, the Design -Builder shall notify the Owner and provide the name and qualifications of the new personnel, Contractor or supplier. The Owner may reply within 14 days to the Design -Bulkier in writing, stating (1) whether the Owner has reasonable objection to the proposed personnel, Contractor or supplier or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14 -day period shall constitute notice of no reasonable objection. § 5.7.3 Except for those persons or entities already identified or required in the Design -Build Amendment, the Design -Builder, as soon as practicable after execution of the Design -Build Amendment, shall furnish in writing to the Owner the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner may reply within 14 days to the Design - Builder in writing stating (1) whether the Owner has reasonable objection to any such proposed person or entity or (2) that the Owner requires additional time for review. Failure of the Owner to reply within tins 14 -day period shall constitute notice of no reasonable objection. § 5.7.3.1 if the Owner has reasonable objection to a person or entity proposed by the Design -Builder, the Design - Builder shall propose another to whom the Owner has no reasonable objection. If the rejected person or entity was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute person or entity's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Design -Builder has acted promptly and responsively in submitting names as required. § 5.8 Documents and Submittals at the Site The Design -Builder shall maintain at the site for the Owner one copy of the Design -Build Documents and a current set of the Construction Documents, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Submittals. The Design -Bulkier shall deliver these items to the Owner in accordance with Section 9.10.2 as a record of the Work as constructed. §5.9UseofSit. The Design -Builder shall one operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Design -Build Documents, and shall not unreasonably encumber the site with materials or equipment. § 5.10 Cutting and Patching The Design -Builder shall not cut, patch or otherwise alter fully or partially completed construction by the Owner or a separate contractor except with'written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Design -Builder shall not unreasonably withhold from the Owner or a separate contractor the Design -Builder's consent to cutting or otherwise altering the Work. § 5.11 Cleaning Up §5.11.1 The Design -Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Design -Builder shall remove waste materials, rubbish, the Design -Builder's tools, construction equipment, machinery and surplus materials from and about the Project. § 5.11.2 If the Design -Builder fails to clean up as provided in the Design -Build Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Design -Builder. § 5.12 Access to Work The Design -Builder shall provide the Owner and its separate contractors and consultants access to the Work in preparation and progress wherever located. The Design -Builder shall notify the Owner regarding Project safety criteria and programs, which the Owner, and its contractors and consultants, shall comply with while at the site. AlA Document A141 ^' - 2014. Copyripld O 2004 and 2014 by The Mwrtcsn repute of Architects. All riSMs reserved. WARNING: This A1M Document Is .nt. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA e Document, or any portion of I. 14 may result in seven ehra and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AdA software at 1024:41 on 00/20/2017 under Order No. x900791110 which expires on 06122=18. and is not for resale. It. mm.d... I' QAM221 § 5.13 Construction by Owner or by Separate Contractors § 5.13.1 Owner's Right to Perform Construction and to Award Separate Contracts § 5.13.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces; and to award separate contracts in connection with other portions of the Project, or other construction or operations on the site, under terms and conditions identical or substantially similar to this Contract, including those terms and conditions related to insurance and waiver of subrogation. The Owner shall notify the Design -Builder promptly after execution of any separate contract. If the Design -Builder claims that delay or additional cost is involved because of such action by the Owner, the Design -Builder shall make a Claim as provided in Article 14. § 5.13.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Design -Builder" in the Design -Build Documents in each case shall mean the individual or entity that executes each separate agreement with the Owner. § 5.13.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces, and of each separate contractor, with the Work of the Design -Builder, who shall cooperate with them. The Design -Builder shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Design- Buikier shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Design -Builder, separate contractors and the Owner until subsequently revised. § 5.13.1.4 Unless otherwise provided in the Design -Build Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or separate contractors, the Owner shall be deemed to be subject to the same obligations, and to have the same rights, that apply to the Design -Builder under the Contract. § 5.14 Mutual Responsibillty § 5.14.1 The Design -Builder shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Design -Builder's construction and operations with theirs as required by the Design -Build Documents. § 5.14.2 If part of the Design -Builder's Work depends upon construction or operations by the Owner or a separate contractor, the Design -Builder shall, prior to proceeding with that portion of the Work, prepare a written report to the Owner, identifying apparent discrepancies or defects in the construction or operations by the Owner or separate contractor that would render it unsuitable for proper execution and results of the Design -Builder's Work. Failure of the Design -Builder to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Design -Builder's Work, except as to defects not then reasonably discoverable. § 5.14.3 The Design -Builder shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Design -Builder's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Design -Builder for costs the Design -Builder incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 5.14 .4 The Design -Builder shall promptly remedy damage the Design -Builder wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 5.14.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching the Work as the Design -Builder has with respect to the construction of the Owner or separate contractors in Section 5.10. § 5.15 Owner's Right to Clean Up Ifs dispute arises among the Design -Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the promises and surrounding area free from waste materials and rubbish, the Owner may clean up and will allocate the cost among those responsible. AMA Document A141'M — 2014. Copyd let O 2004 and 2014 by The American Institute of Architects. AN rights reserved. WARNING: This A*As Document Is Init. protected by U.S. Copyright law and international Treatise. Unauthorized reproduction or distribution of this AIM Document, or say portion of It. 15 may result In sew» chill and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by f AIA soawere at 15:24x41 on COMMIT under Order No. 63887 1110 which expires on 08122)2018, and I. not for resale. tr.., N®. (3MMADA22) ARTICLE 6 CHANGES IN THE WORK § 6.1 General § 6.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order or Change Directive, subject to the limitations stated in this Article 6 and elsewhere in the Design -Build Documents. § 6.1.2 A Change Order shall be based upon agreement between the Owner and Design -Builder. The Owner may issue a Change Directive without agreement by the Design -Builder. § 6.1.3 Changes in the Work shall be performed under applicable provisions of the Design -Build Documents, and the Design -Builder shall proceed promptly, unless otherwise provided in the Change Order or Change Directive. § 6.2 Change Orders A Change Order is a written instrument signed by the Owner and Design -Builder stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation; and .3 The extent of the adjustment, if any, in the Contract Time. § 6.3 Change Directives § 6.3.1 A Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation, or Contract Time. The Owner may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation, and Contract Time being adjusted accordingly. § 6.3.2 A Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 6.3.3 If the Change Directive provides for an adjustment to the Contract Sum or, if prior to execution of the Design -Build Amendment, an adjustment in the Design -Builder's compensation, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Design -Build Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 6.3.7. § 6.3.4 If unit prices are stated in the Design -Build Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Design -Builder, the applicable unit prices shall be equitably adjusted. § 6.3.5 Upon receipt of a Change Directive, the Design -Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design -Builder's agreement or disagreement with the method, if any, provided in the Change Directive for determining the proposed adjustment in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation, or Contract Time. § 6.3.6 A Change Directive signed by the Design -Builder indicates the Design -Builder's agreement therewith, including adjustment in Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation, and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 6.3.7 If the Design -Builder does not respond promptly or disagrees with the method for adjustment in the Contract Sum or, if prior to execution of the Design -Build Amendment, the method for adjustment in the Design -Builder's AlA Document A141'- 2014. Copyright O 2004 and 2014 by The Harlan InsNuls of ArdMects. AN rights reserved WARNING: This AIA° Document Is Mtt. proteclsd by U.S. Copyright Law and latsrnalional Trestles. Unauthorized reproduction or distribution of Nde AIM Document, or any portion .1*, 16 may result I n severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the kw. This document was produced by / AIA aotiware at 15:2441 on 0011812011 under Order No. 5368791110 which expires on 08/22120t8. and Is not for nails. rr..r 1t".. f38QADA221 compensation, the Owner shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 6.3.3.3, the Design -Builder shall keep and present, in such form as the Owner may prescribe, an Itemized accounting together with appropriate supporting data. Unless otherwise provided in the Design -Build Documents, costs for the purposes of this Section 6.3.7 shall be limited to the following: .1 Additional costs of professional services; .2 Costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .3 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .4 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Design - Builder or others; .5 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .6 Additional costs of supervision and field office personnel directly attributable to the change. 6.3.>6 The amount of credit to be allowed by the Design -Builder to the Owner for a deletion or change that results in a net decrease in the Contract Sum or, if prior to execution of the Design -Build Amendment, in the Design - Builder's compensation, shall be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 6.3.9 Pending final determination of the total cost of a Change Directive to the Owner, the Design -Builder may request payment for Work completed under the Change Directive in Applications for Payment. The Owner will make an interim determination for purposes of certification for payment for those costs deemed to be reasonably justified. The Owner's interim determination of cost shall adjust the Contract Sum or, if prior to execution of the Design -Build Amendment, the sign -Builder's compensation, on the same basis as a Change Order, subject to the right of Design -Builder to disagree and assert a Claim in accordance with Article 14. § 6.3.10 When the Owner and Design -Builder agree with a determination concerning the adjustments in the Contract Sum or, if prior to execution of the Design -Build Amendment, the adjustment in the Design -Builder's compensation and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be affective immediately and the Owner and Design -Builder shall execute a Change Order. Change Orders may be issued for all or any part of a Change Directive. ARTICLE 7 OWNER'S RESPONSIBILITIES §7.1 General § 7.1.1 The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all Project matters requiring the Owner's approval or authorization. § 7.1.2 The Owner shall render decisions in a timely manner and in accordance with the Design -Builder's schedule agreed to by the Owner. The Owner shall furnish to the Design -Builder, within 15 days after receipt of a written request, information necessary and relevant for the Design -Builder to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 7.2 Information and Services Required of the Owner § 7.2.1 The Owner shag furnish information or services required of the Owner by the Design -Build Documents with reasonable promptness. § 7.2,2 The Owner shall provide, to the extent under the Owner's control and if not required by the Design -Build Documents to be provided by the Design -Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design -Builder, the Owner shall also provide surveys AIA Document M41' — 2014. Copyright 02004 and 2014 by The Mwricen Ins Me of Architects. AN ruts reserved. WARNING: This AMP Document Is Intl. protected by U.S. Copyright Law and tnten+anenat Treaties. Unaulho riz d reproduction or distribution of this AIM Document, or any portion of it. 17 may result In severe C and criminal penalties, and will be prosecuted to tbe maximum extent possible under the law. This document was produced by MA software at 15:2441 on 06J25l2017 under Order No. 6379i110 which expires on 061221201$. end k not for resale. ..--- `.-•--. (nRQAnA221 describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner's control. § 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project. § 7.2.4 The Owner shall cooperate with the Design -Builder in securing building and other permits, licenses and inspections. § 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design -Build Documents or to the extent the Owner advises the Design -Builder to the contrary in writing, the Design -Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design -Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work. § 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non -conformity with the Design -Build Documents, the Owner shall give prompt written notice thereof to the Design -Builder. § 7.2.7 Prior to the execution of the Design -Build Amendment, the Design -Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Design -Build Documents and the Design -Builder's Proposal. Thereafter, the Design -Builder may only request such evidence if (1) the Owner fails to make payments to the Design -Builder as the Design -Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Design -Builder identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design -Builder. § 7.2.5 Except as otherwise provided in the Design -Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design -Builder with persons or entities employed or retained by the Design -Builder. § 7.2.9 Unless required by the Design -Build Documents to be provided by the Design Builder, the Owner shall, upon request from the Design -Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design -Builder. In such event, the Design -Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of gcotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations. § 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B. § 7.3 Submittals § 7.3.1 The Owner shall review and approve or take other appropriate action on Submittals. Review of Submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities; or for substantiating instructions for installation or performance of equipment or systems; or for determining that the Submittals am in conformance with the Design -Build Documents, all of which remain the responsibility of the Design -Builder as required by the Design -Build Documents. The Owner's action will be taken in accordance with the submittal schedule approved by the Owner or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Owner's judgment to permit adequate review. The Owner's review of Submittals shall not relieve the Design -Builder of the obligations under Sections 3.1.11, 3.1.12, and 5.2.3. The Owner's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Owner, of any construction means, methods, techniques, sequences or procedures. The Owner's approval of a specific item shall not indicate approval of an assembly of which the item is a component. (i. AM Document A141' —2014. CepydpM C 2004 and 2014 by The M»rican kw#brte of ArCNteda. AN rights mserwd. WARNING: This AIM Document Is protected by U.S. Copyright Law and International Troatles. Unauthorized roproducaon or distribution of this AMP Document, or any portion of N, 1$ may mutt In sawn eMI and criminal penalties, and will be prosecuted to pa maximum extent possible under the law. This document was produced by AIA soaware at 15:24:41 on 061261!017 under Order No. 6300701110 which expires on 0613212016, and Is not for resale. (309ADA22) § 7.3.2 Upon review of the Submittals required by the Design -Build Documents, the Owner shall notify the Design - Builder of any non-conformance with the Design -Build Documents the Owner discovers. § 7.4 Visits to the site by the Owner shall not be construed to create an obligation on the part of the Owner to make on -site inspections to check the quality or quantity of the Work. The Owner shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, because these arc solely the Design -Builder's rights and responsibilities under the Design -Build Documents. § 7.5 The Owner shall not be responsible for the Design -Builder's failure to perform the Work in accordance with the requirements of the Design -Build Documents. The Owner shall not have control over or charge of, and will not be responsible for acts or omissions of the Design -Builder, Architect, Consultants, Contractors, or their agents or employees, or any other persons or entities performing portions of the Work for the Design -Builder. § 7.6 The Owner has the authority to reject Work that does not conform to the Design -Build Documents. The Owner shall have authority to require inspection or testing of the Work in accordance with Section 15.5.2, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Owner nor a decision made In good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the Design -Builder, the Architect, Consultants, Contractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 7.7 The Owner shall determine the date or dates of Substantial Completion in accordance with Section 9.8 and the date of final completion in accordance with Section 9.10. § 7.8 Owner's Right to Stop Work If the Design-Buil er fails to correct Work which is not in accordance with the requirements of the Design -Build Documents as required by Section 11.2 or persistently fails to carry out Work in accordance with the Design -Build Documents, the Owner may issue a written order to the Design -Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design -Builder or any other person or entity, except to the extent required by Section 5.13.1.3. § 7.9 Owner's Right to Corry Out the Work If the Design -Builder defaults or neglects to carry out the Work in accordance with the Design -Build Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shalt be issued deducting from payments then or thereafter due the Design -Builder the reasonable cost of correcting such deficiencies. If payments then or thereafter due the Design -Builder arc not sufficient to cover such amounts, the Design -Builder shall pay the difference to the Owner. ARTICLE 8 THE § 8.1 Progress and Completion § 8.1.1 Time limits stated in the Design -Build Documents are of the essence of the Contract. By executing the Design -Build Amendment the Design -Builder confirms that the Contract Time is a reasonable period for performing the Work. § 9.1.2 The Design -Builder shall not, except by agreement of the Owner in writing, commence the Work prior to the effective date of insurance, other than property insurance, required by this Contract. The Contract Time shall not be adjusted as a result of the Design -Builder's failure to obtain insurance required under this Contract. § 8.1.3 The Design -Builder shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.2 Delays and Extensions of Time § 8.2.1 If the Design -Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a consultant or separate contractor employed by the Owner; or by changes ordered in the AIA Document A141' —2014. Copyr1htO 2004 and 2014 by The American Insgluts of Architects. AN rights resumed. WARNING: This AIM Document Is {netprotected by U.S. copyright Law and Inirnational Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, 1 g may result In savor ant and criminal penalties , and will be prosecuted to the maximum extent possible under the law. Na document was produced by / AIA software at 1524:41 on 06128/2017 under Order No. 6388791110 which expires on 0612212018, and is not fir resale. liar untasr f3n9ADA22) Work by the Owner; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design -Builder's control; or by delay authorized by the Owner pending mediation and binding dispute resolution or by other causes that the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. § 8.2.2 Claims relating to time shall be made in accordance with applicable provisions of Article 14. 8.2.3 This Section 8.2 does not preclude recovery of damages for delay by either party under other provisions of the Design -Build Documents. ARTICLE 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION § 9.1 Contact Sum The Contract Sum is stated in the Design -Build Amendment. §9.2 Schsdtde of Values Where the Contract Sum is based on a stipulated sum or Guaranteed Maximum Price, the Design -Builder, prior to the first Application for Payment after execution of the Design -Build Amendment shall submit to the Owner a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Design -Builder's Applications for Payment. §9.3 Applications for Payment 9.3.1 At least ten days before the date established for each progress payment, the Design -Builder shall submit to the Owner an itemized Application for Payment for completed portions of the Work. The application shall be notarized, if required, and supported by data substantiating the Design -Builder's right to payment as the Owner may require, such as copies of requisitions from the Architect, Consultants, Contractors, and material suppliers, and shall reflect retainage if provided for in the Design -Build Documents. § 9.3.1.1 As provided in Section 6.3.9, Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Change Directives, or by interim determinations of the Owner, but not yet included in Change Orders. 19.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Design -Builder does not intend to pay the Architect, Consultant, Contractor, material supplier, or other persons or entities providing services or work for the Design -Builder, unless such Work has been performed by others whom the Design -Builder intends to pay. § 9.3.2 Unless otherwise provided in the Design -Build Documents, payments shall be made for services provided as well as materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Design -Builder with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. §9.3.3 The Design -Builder warrants that title to all Work, other than Instruments of Service, covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design -Builder further warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Design -Builder's knowledge, information and belief, be free and clear of lions, claims, security interests or encumbrances in favor of the Design - Builder, Architect, Consultants, Contractors, material suppliers, or other persons or entities entitled to make a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 Certificates for Payment The Owner shall, within seven days after receipt of the Design -Builder's Application for Payment, issue to the Design -Builder a Certificate for Payment indicating the amount the Owner determines is properly due, and notify AIA Document A141' —2014. Copytllte O 2004 and 2014 by The American inostule of Architects. AN rights reserved. WARNING: This AIM Document Is Intl. protected by U.S. Copyright Law and knsrnat onai Treaties. Unauthorised reproduction or distribution alibis AIM Document, or any portion of N. 20 may result In severs chip and criminal penalties, and will be prosecuted to the maximum extent possibte under the law. This document was produced by AlA software at 1324:41 on 00/2012017 under Order No. 63667e1110 which expires on 00122120113. and is not tot resale. mar Yams. (38VADA22) the Design -Builder in writing of the Owner's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.5 Decisions to Withhold Certification § 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner's determination that the Work has not progressed to the point indicated in the Design -Builder's Application for Payment, or the quality of the Work is not in accordance with the Design -Build Documents. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Design -Bulkier as provided in Section 9.4. If the Design -Builder and Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount that the Owner deems to be due and owing. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design -Builder is responsible because of .1 defective Work, including design and construction, not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Design -Builder; .3 failure of the Design -Builder to make payments properly to the Architect, Consultants, Contractors or others, for services, labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor, .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Design -Build Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Owner withholds certification for payment under Section 9.5.1.3, the Owner nay, at its sole option, issue joint checks to the Design -Builder and to the Architect or any Consultants, Contractor, material or equipment suppliers, or other persons or entities providing services or work for the Design -Builder to whom the Design -Builder failed to make payment for Work properly performed or material or equipment suitably delivered. § 9.6 Progress Payments § 9.6.1 After the Owner has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Design -Build Documents. § 9.6.2 The Design -Builder shall pay each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder no later than the time period required by applicable law, but in no event more than seven days after receipt of payment from the Owner the amount to which the Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder is entitled, reflecting percentages actually retained from payments to the Design -Builder on account of the portion of the Work performed by the Architect, Consultant, Contractor, or other person or entity. The Design -Builder shall, by appropriate agreement with each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder, require each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design -Builder to make payments to subconsultants and subcontractors in a similar manner. § 9.6.3 The Owner will, on request and if practicable, furnish to the Architect, a Consultant, Contractor, or other person or entity providing services or work for the Design -Builder, information regarding percentages of completion or amounts applied for by the Design -Builder and action taken thereon by the Owner on account of portions of the Work done by such Architect, Consultant, Contractor or other person or entity providing services or work for the Design -Builder. § 9.6.4 The Owner has the right to request written evidence from the Design -Builder that the Design -Builder has properly paid the Architect, Consultants, Contractors, or other person or entity providing services or work for the Design -Builder, amounts paid by the Owner to the Design -Builder for the Work. If the Design -Builder fails to furnish such evidence within seven days, the Owner shall have the right to contact the Architect, Consultants, and AIA Decwnent A141' —2014. CopysigM ®2001 and 2014 by The Harlan Muiluts of NcNNcts. AN rights rmrvsd. WARNING: This AIM Document Is Innit. protected by U.$. Copyright Low and international Treatise. Unauthorized reproduction or distribution of ants AtA' Document, or any portion of a, 21 may result in savers civil and criminal penalties, and will be prosecuted to Me maximum extent possible under the law. This document wus produced by f AIA software at 15:24:41 on 06/2012017 under Order No. 0355791110 whk:h expires on 002212015. end Is not for resale. th.r Kass! (3R9AfM22) Contractors to ascertain whether they have been properly paid. The Owner shall have no obligation to pay or to see to the payment of money to a Consultant or Contractor, except as may otherwise be required by law. § 9.6.5 Design -Builder payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Design -Build Documents. § 9.6.7 Unless the Design -Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design -Builder for Work properly performed by the Architect, Consultants, Contractors and other person or entity providing services or work for the Design -Builder, shall be held by the Design -Builder for the Architect and those Consultants, Contractors, or other person or entity providing services or work for the Design -Builder, for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Design -Builder, shall create any fiduciary liability or tort liability on the part of the Design -Builder for breach of trust or shall entitle any person or entity to an award of punitive damages against the Design -Builder for breach of the requirements of this provision. § 9.7 Failure of Payment If the Owner does not issue a Certificate for Payment, through no fault of the Design -Builder, within the time required by the Design -Build Documents, then the Design -Builder may, upon seven additional days' written notice to the Owner, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Design -Builder's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Design -Build Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Design -Built Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion is the date certified by the Owner in accordance with this Section 9.8. § 9.8.2 When the Design -Builder considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Design -Builder shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Design -Builder to complete all Work in accordance with the Design -Build Documents. § 9.8.3 Upon receipt of the Design -Builder's list, the Owner shall make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner's inspection discloses any item, whether or not included on the Design -Builder's list, which is not sufficiently complete in accordance with the Design -Build Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Design -Builder shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Design -Builder shall then submit a request for another inspection by the Owner to determine Substantial Completion. § 9.8.4 Prior to issuance of the Certificate of Substantial Completion under Section 9.8.5, the Owner and Design - Builder shall discuss and then determine the parties' obligations to obtain and maintain property insurance following issuance of the Certificate of Substantial Completion. § 9.8.5 When the Work or designated portion thereof is substantially complete, the Design -Builder will prepare for the Owner's signature a Certificate of Substantial Completion that shall, upon the Owner's signature, establish the date of Substantial Completion; establish responsibilities of the Owner and Design -Builder for security, maintenance, heat, utilities, damage to the Work and Insuranco; and fix the time within which the Design -Builder shall finish all items on the list accompanying the Certificate. Warranties required by the Design -Build Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA Document A141"' —2814. CopyetgM O 2004 and 2014 by The MwAan k sUtute of Archltscts. Ali rlahts reserved. WARNING: This AIA' Document I. Mlt. protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AIM Document, or any portion of a. 22 may result is seven :eves and criminal penalties, and will be prosecuted to tie maximum extent possible under lbs law. Ni document was produced by / ALA sotbsen at 15:21:41 on 06/26120/7 under Order No. 6366791110 whkh expires on 0612212018, and k not for resale. u:, Yataw (3a9ADA22) § 9.6.6 The Certificate of Substantial Completion shall be submitted by the Design -Bulkier to the Owner for written acceptance of responsibilities assigned to it in the Certificate. Upon the Owner's acceptance, and consent of surety, if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Design -Build Documents. § 9.9 Pahl Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design -Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design -Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design -Build Documents. When the Design -Builder considers a portion substantially complete, the Design -Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Design -Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design -Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design -Builder shall jointly inspect the area lobe occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design -Build Documents. § 9.10 petal Completion and Final Payment § 9.10.1 Upon receipt of the Design -Builder's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection. When the Owner finds the Work acceptable under the Design -Build Documents and the Contract fully performed, the Owner will, subject to Section 9.10.2, promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Design -Builder submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner's property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design -Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the Design -Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design -Build Documents, (4) consent of surety, if any, to final payment, (5) as - constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction, ion, (6) manufacturer's warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. if an Architect, a Consultant, or a Contractor, or other person or entity providing services or work for the Design -Builder, refuses to furnish a release or waiver required by the Owner, the Design -Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Design -Bulkier shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lions, claims, security interests, or encumbrances, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Design -Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the Design -Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work frilly completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design -Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted AIA Document A141 "' - 2014. CopyrIgN ® 2004 and 2014 by The Amwi m krstde of Ardelecb. AN r�hls nssrwd. WARNING: Tills AIADocument Is IML protected by U.S. Copyright Law end internatlorwt Treaties. Uns dhortaed reproducaaa or distklulkm of this MA• Document, or any portion elk. 23 may result In sewn c M and criminal penalties, and will be prosecuted to Ow maximum ext.nt possa�le under the law. This docum tit wee produced by f AW swan at 16:24:41 on 06t20t2017 under Order No. 0200791110 wfikh expkes on 0612V2010. and is not rcr rate. User No4ee (2a9A0A22) by the Design -Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design -Build Documents; or .3 terms of special warranties required by the Design -Build Documents. § 9.10.5 Acceptance of final payment by the Design -Builder shall constitute a waiver of claims by the Design - Builder except those previously made in writing and identified by the Design -Builder as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Design -Builder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property §10.2.1 The Design -Builder shall be responsible for precautions for the safety of, and reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Design -Builder or the Architect, Consultants, or Contractors, or other person or entity providing services or work for the Design -Builder; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, or structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Design -Builder shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property, or their protection from damage, injury or loss. § 10.2.3 The Design -Builder shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notify owners and users of adjacent sites and utilities of the safeguards and protections. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods, are necessary for execution of the Work, the Design -Builder shall exercise utmost care, and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Design -Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Design -Build Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3, caused in whole or in part by the Design -Builder, the Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Design -Builder is responsible under Sections 10.2.1.2 and 10.2.1.3; except damage or loss attributable to acts or omissions of the Owner, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Design -Builder. The foregoing obligations of the Design -Builder are in addition to the Design -Builder's obligations under Section 3.1.14. § 10.2.6 The Design -Bulkier shall designate a responsible member of the Design -Builder's organization, at the site, whose duty shall be the prevention of accidents. This person shall be the Design-Buildcr's superintendent unless otherwise designated by the Design -Builder in writing to the Owner. § 10.2.7 The Design -Builder shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. AlA Document A141' — 2014. C opyrlghtO 2004 sad 2014 by The American Institute et Arctltecls. AN rights reserved. WARNING: TMs AR' Document Is Init. protected by U.S. Copyright Law and International Treatise. Unauthorized reproduction or distribution of this AIM tfeument, or any portion of it, 24 may result In seven diva and criminal penalties, and will be prosecuted to Use maximum extent possible under the,aw. Ni document was produced by ALA software st 15:2411 on 0512 512017 under Order No. 6356791110 which expires on 0&22t2015. and Is not for reeds. User Note: (389ADA22) § 10.2.8 Injury or Damage to Person or Property. If the Owner or Design -Builder suffers injury or damage to person or property because of an act or omission of the other, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Design -Builder is responsible for compliance with any requirements included in the Design -Build Documents regarding hazardous materials, if the Design -Builder encounters a hazardous material or substance not addressed in the Design -Build Documents and if reasonable precautions will be Inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Design -Builder, the Design -Builder shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner in writing. § 10.3.2 Upon receipt of the Design -Builder's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Design -Builder and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Design -Build Documents, the Owner shall furnish in writing to the Design -Builder the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who arc to perform the task of removal or safe containment of such material or substance. The Design - Builder will promptly reply to the Owner in writing stating whether or not the Design -Builder has reasonable objection to the persons or entities proposed by the Owner. If the Design -Builder has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Design -Builder has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Design -Builder. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Design -Builder's reasonable additional coats of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Design -Builder, the Architect, Consultants, and Contractors, and employees of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not boon rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to, or destruction of, tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. §10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Design -Builder brings to the site unless such materials or substances are required by the Owner's Criteria. The Owner shall be responsible for materials or substances required by the Owner's Criteria, except to the extent of the Design -Builder's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Design -Builder shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Design -Builder brings to the site and negligently handles, or (2) where the Design -Builder fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Design -Builder, the Design -Builder is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Design -Build Documents, the Owner shall indemnify the Design -Builder for all cost and expense thereby incurred. § 10.4 Emergencies in an emergency affecting safety of persons or property, the Design -Bulkier shall act, at the Design -Builder's discretion, to prevent threatened damage, injury or loss. AIA Document A141' —2014. Copyright O 2004 and 2014 by The American lnstlirb of Archllseb. AN rights ressrvsd. WARNING: This AIA° Document Is Intl. protected by U.S. Copyright low and International Trestles. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it. 25 may result In seven elute and criminal penalties, and wuti be prosecuted to tie maximum extent posse under the bw. This document was produced by AlA software at 15:24:41 on 0!12012017 under Order No. 0308791110 whk h expires on 0612212018. and Is not for resets. User Notes: (3BeA1)A22) ARTICLE 11 UNCOVERING AND CORRECTION OF WORK § 11.1 Uneovertng of Work The Owner may request to examine a portion of the Work that the Design -Builder has covered to determine if the Work has been performed in accordance with the Design -Build Documents. If such Work is in accordance with the Design -Build Documents, the Owner and Design -Builder shall execute a Change Order to adjust the Contract Time and Contract Sum, as appropriate. If such Work is not in accordance with the Design -Build Documents, the costs of uncovering and correcting the Work shall be at the Design -Builder's expense and the Design -Builder shall not be entitled to a change in the Contract Time unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs and the Contract Time will be adjusted as appropriate. § 11.2 Correction of Work § 11.2.1 Before or After Substantial Completion. The Design -Builder shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Design -Build Documents, whether discovered before or after Substantial Completion and whether or not fabricated, Installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any design consultant employed by the Owner whose expenses and compensation were mach necessary thereby, shall be at the Design -Builder's expense. § 11.2.2 After Substantial Completion § 11.2.2.1 In addition to the Design -Builder's obligations under Section 3.1.12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Design -Build Documents, any of the Work is found not to be in accordance with the requirements of the Design -Build Documents, the Design -Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design -Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of the Work, if the Owner fails to notify the Design -Builder and give the Des€gn-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the Design -Builder and to make a claim for breach of warranty. if the Design -Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7.9. § 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design -Builder pursuant to this Section 11.2. §11.2.3 The Design -Builder shall remove from the site portions of the Work that are not in accordance with the requirements of the Design -Build Documents and are neither corrected by the Design -Builder nor accepted by the Owner. § 11.2.4 The Design -Builder shall bear the cost of correcting destroyed or damaged construction of the Owner or separate contractors, whether completed or partially completed, caused by the Design -Builder's correction or removal of Work that Is not in accordance with the requirements of the Design -Build Documents. § 11.2.5 Nothing contained in this Section 11.2 shall be construed to establish a period of limitation with respect to other obligations the Design -Builder has under the Design -Build Documents. Establishment of the one-year period for correction of Work as described in Section 11.2.2 relates only to the specific obligation of the Design -Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Design -Build Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design -Builder's liability with respect to the Design -Builder's obligations other than specifically to correct the Work. AIA Document A141' —1014. Copyrlei+t ® 2004 and 2014 by The Am riceen Insilluts of ArcMtact. AS rights reserved. WARNING: This AIM Decumant Is inft. protected by U.L. Copyright Law and international Treaties. Unauthorized nproduetlon or distribution of this AIM Document, or any portion of *, 26 may rest* In severe dv* and criminal penalties, and will be prosecuted to atw maximum extent possible under the low. This document was produced by JA software at 15%24:41 en 06(2612011 under Order No. 6348791110 which expires on 06/2212018. and is not for resale. uur Nitas! (389ADA22) § 11.3 Acceptance of Nonconforming Work lithe Owner prefers to accept Work that is not in accordance with the requirements of the Design -Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 12 COPYRIGHTS AND LICENSES § 12.1 Drawings, specifications, and other documents furnished by the Design -Builder, including those in electronic form, are Instruments of Service. The Design -Builder, and the Architect, Consultants, Contractors, and any other person or entity providing services or work for any of them, shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements, or for similar purposes in connection with the Project, is not to be construed as publication in derogation of the reserved rights of the Design -Builder and the Architect, Consultants, and Contractors, and any other person or entity providing services or work for any of them. § 12,2 The Design -Builder and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party Is the copyright owner of such information or has permission from the copyright owner to transmit such Information for its use on the Project. § 12.3 Upon execution of the Agreement, the Design -Builder grants to the Owner a limited, irrevocable and non- exclusive license to use the Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under the Design -Build Documents. The license granted under this section permits the Owner to authorize its consultants and separate contractors to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Design -Builder rightfully terminates this Agreement for cause as provided in Section 13.1.4 or 13.2.1 the license granted in this Section 12.3 shall terminate. § 12.3.1 The Design -Builder shall obtain non-exclusive licenses from the Architect, Consultants, and Contractors, that will allow the Design -Builder to satisfy its obligations to the Owner under this Article 12. The Design -Builder's licenses front the Architect and its Consultants and Contractors shall also allow the Owner, in the event this Agreement is terminated for any reason other than the default of the Owner or in the event the Design -Builder's Architect, Consultants, or Contractors terminate their agreements with the Design -Builder for cause, to obtain a limited, irrevocable and non-exclusive license solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner (1) agrees to pay to the Architect, Consultant or Contractor all amounts due, and (2) provide the Architect, Consultant or Contractor with the Owner's written agreement to indemnify and hold harmless the Architect, Consultant or Contractor from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration or use of the Instruments of Service. § 12.3.2 In the event the Owner alters the Instruments of Service without the author's written authorization or uses the instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Design -Builder, Architect, Consultants, Contractors and any other person or entity providing services or work for any of them, from all claims and causes of action arising from or related to such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Design -Builder, Architect, Consultants, Contractors and any other person or entity providing services or work for any of them, from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration or use of the Instruments of Service under this Section 12.3.2. The terms of this Section 12.3.2 shall not apply if the Owner rightfully terminates this Agreement for cause under Sections 13.1.4 or 13.2.2. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination or Suspension Prior to Execution of the Design -Build Amendment 13.1.1 If the Owner fails to make payments to the Design -Builder for Work prior to execution of the Design -Build Amendment in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Design -Builder's option, cause for suspension of performance of services under this AIA document A1411V — 2014. Copyright 0 2004 and 2014 by The American inslide of Architects. AN rights reserved. WARNING: Thus MA A Document H Itl. protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of R. 27 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possNde under the law. This document was produced by AIA software at 16:24:41 on 0612872017 under Order No. 6368701110 which exp1res on 06/22/2018, and is not for resale. tsar ltnhs. 13B9ADA22) Agreement. If the Design -Builder elects to suspend the Work, the Design -Builder shall give seven days' written notice to the Owner before suspending the Work. In the event of a suspension of the Work, the Design -Builder shall have no liability to the Owner for delay or damage caused by the suspension of the Work. Before resuming the Work, the Design -Builder shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Design -Builder's Work. The Design -Builder's compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13.1.2 If the Owner suspends the Project, the Design -Builder shall be compensated for the Work performed prior to notice of such suspension. When the Project is resumed, the Design -Builder shall be compensated for expenses incurred in the interruption and resumption of the Design -Builder's Work. The Design -Builder's compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13.1.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Design -Builder, the Design -Builder may terminate this Agreement by giving not less than seven days' written notice. § 13.1.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 13.1.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Design - Builder for the Owner's convenience and without cause. § 13.1.6 In the event of termination not the fault of the Design -Builder, the Design -Builder shall be compensated for Work performed prior to termination, together with Reimbursable Expenses then due and any other expenses directly attributable to termination for which the Design -Bulkier is not otherwise compensated. in no event shall the Design -Builder's compensation under this Section 13.1.6 be greater than the compensation set forth in Section 2.1. § 13.2 Termination or Suspension Following Execution of the Design-Buid Amendment § 13.2.1 TermMstion by the Design -Builder § 13.2.1.1 The Design -Builder may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Design -Builder, the Architect, a Consultant, or a Contractor, or their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Owner has not issued a Certificate for Payment and has not notified the Design -Builder of the reason for withholding certification as provided in Section 9.5.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Design -Build Documents; or .4 The Owner has failed to furnish to the Design -Builder promptly, upon the Design -Builder's request, reasonable evidence as required by Section 7.2.7. § 13.2.1.2 The Design -Bulkier may terminate the Contract if, through no act or fault of the Design -Builder, the Architect, a Consultant, a Contractor, or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design -Builder, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 13.2.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 13.2.1.3 If one of the reasons described in Section 13.2.1.1 or 13.2.1.2 exists, the Design -Builder may, upon seven days' written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 13.2.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design -Builder or any other persons or entities performing portions of the Work under contract with the Design -Builder because the AiA Document A141'5 —2014. Copyright O 2004 and 2014 by The Miedoen kilt tote of Mtift,cls. All rights reserved. WARNING: This AIM Document Is Ml, protected by U.s. Copy+isht Law and International Treaties. UnwMaorzed reproduction or distribution of this AIM Document, or any portion of It, 28 may result hi severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by / ALA software at 1924:41 on 08129/2017 under Order No. 6365191110 wh ch expkes on 09/22/2016, and is not for resale. User Notes: (389ADA22) Owner has repeatedly failed to fulfill the Owner's obligations under the Design -Build Documents with respect to matters important to the progress of the Work, the Design -Builder may, upon seven additional days' written notice to the Owner, terminate the Contract and recover from the Owner as provided in Section 13.2.1.3. § 13.2.2 TermInstion by the Owner For Cause § 13.2.2.1 The Owner may terminate the Contract if the Design -Builder .1 fails to submit the Proposal by the date required by this Agreement, or if no date Is indicated, within a reasonable time consistent with the date of Substantial Completion; .2 repeatedly refuses or fails to supply an Architect, or enough properly skilled Consultants, Contractors, or workers or proper materials; .3 fails to make payment to the Architect, Consultants, or Contractors for services, materials or labor in accordance with their respective agreements with the Design -Builder; .4 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .5 is otherwise guilty of substantial breach of a provision of the Design -Build Documents. § 13.2.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design -Builder and the Design -Builder's surety, if any, seven days' written notice, terminate employment of the Design -Builder and may, subject to any prior rights of the surety: .1 Exclude the Design -Builder from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Design -Builder; .2 Accept assignment of the Architect, Consultant and Contractor agreements pursuant to Section 3.1.15; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Design -Builder, the Owner shall furnish to the Design -Builder a detailed accounting of the costs incurred by the Owner in finishing the Work. § 13.2.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 13.2.2.1, the Design - Builder shall not be entitled to receive further payment until the Work is finished. § 13.2.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Design -Builder. If such costs and damages exceed the unpaid balance, the Design -Builder shall pay the difference to the Owner. The obligation for such payments shall survive termination of the Contract. § 13.2.3 Suspension by the Owner for Convenience § 13.2.3.1 The Owner may, without cause, order the Design -Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 13.2.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 13.2.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Design -Builder is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 13.2.4 Termination by the Owner for Convenience § 13.2.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 13.2.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Design -Builder shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and, .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing Project agreements, including agreements with the Architect, Consultants, Contractors, and purchase orders, and enter into no further Project agreements and purchase orders. Intl. AlA Document A141 *" —2014. Copyright ® 2004 and 2014 by The Anndm kwft*e of Architects. AN r5/ is reserved. WARRING: This AiAA Document Is protected by U.S. Copyright Low end I ternational Trestles. Unauthorised reproduction or distribution of this AIM Document, or any portion of N, 29 may result In severe oivii and erk»Inat penalties, and will be prosecuted to the maximum extent possR le under the law. This document was produced by AlA software at 15:24:41 on 05/28/2017 under Order No. 6368791110 which expires on 05/22/2016. and Is not for resale. thar Mares_ (3a9ADA221 § 13.2.4.3 In case of such termination for the Owner's convenience, the Design -Builder shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 14 CLAIMS AND DISPUTE RESOLUTION §14.1 Claim § 14.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Design -Builder arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 14.1.2 Time Limits on Claims. The Owner and Design -Builder shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other, arising out of or related to the Contract in accordance with the requirements of the binding dispute resolution method selected in Section 1.3, within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Design -Builder waive all claims and causes of action not commenced in accordance with this Section 14.1.2. § 14.1.3 Notice of Claims § 14.1.3.1 Prior To Final Payment. Prior to Final Payment, Claims by either the Owner or Design -Builder must be initiated by written notice to the other party within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 14.1.3.2 Claims Arising After Final Payment. After Final Payment, Claims by either the Owner or Design -Builder that have not otherwise been waived pursuant to Sections 9.10.4 or 9.10.5, must be initiated by prompt written notice to the other party. The notice requirement in Section 14.1.3.1 and the initial Decision requirement as a condition precedent to mediation in Section 14.2.1 shall not apply. § 14.1.4 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design -Builder shall proceed diligently with performance of the Contract and the Owner shalt continue to make payments in accordance with the Design -Build Documents. § 14.1.5 Claims for Additional Cost. If the Design -Builder intends to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the portion of the Work that relates to the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 14.1.6 Claim for Additional Time § 14.1.6.1 If the Design -Builder intends to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Design -Builder's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 14.1.6.2 If adverse weather conditions arc the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 14.1.7 Claims for Consequential Damages The Design -Builder and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Design -Builder for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. AMA Document A141" — 2014. Copyright O2004 and 2014 by The Ams$cun inputs of Architects. AS rights rssawwet. WARNING: This AIAA Document Is IMt. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlsktbullon of ibis Alas Document, or any portion of it, 30 may result In severs dva and criminal peaeitles, and will be prosecuted to tree maximum extent possible under the law. This document was produced by AIA,shwan St 152441 on 00/20/2017 under Order No. 63687911 t0 which expires on 00/22/2010, end Is not for resale. It.. w.,re- (3a9ADA221 This mutual waiver is applicable, without limitation, to all consequential damages duo to either party's termination in accordance with Article 13. Nothing contained in this Section 14.1.7 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Design -Build Documents. § 14.2 InItial Decision § 14.2.1 An initial decision shall be required as a condition precedent to mediation of all Claims between the Owner and Design -Builder initiated prior to the date final payment is due, excluding those arising under Sections 10.3 and 10.4 of the Agreement and Sections B.3.2.9 and B.3.2. 10 of Exhibit B to this Agreement, unless 30 days have passed after the Claim has been initiated with no decision having been rendered. Unless otherwise mutually agreed in writing, the Owner shall render the initial decision on Claims. § 14.2.2 Procedure § 14.2.2.1 Claims Initiated by the Owner. if the Owner initiates a Claim, the Design -Builder shall provide a written response to Owner within ten days after receipt of the notice required under Section 14.1.3.1. Thereafter, the Owner shall render an initial decision within ten days of receiving the Design -Builder's response: (1) withdrawing the Claim in whole or in part, (2) approving the Claim in whole or in part, or (3) suggesting a compromise. § 14.2.2.2 Claims Initiated by the Deslgn-Builder. If the Design -Builder initiates a Claim, the Owner will take one or more of the following actions within ten days after receipt of the notice required under Section 14.1.3.1: (1) request additional supporting data, (2) render an initial decision rejecting the Claim in whole or in part, (3) render an Initial decision approving the Claim, (4) suggest a compromise or (5) indicate that it is unable to render an initial decision because the Owner lacks sufficient information to evaluate the merits of the Claim. § 14.2.3 In evaluating Claims, the Owner may, but shall not be obligated to, consult with or seek information from persons with special knowledge or expertise who may assist the Owner in rendering a decision. The retention of such persons shall be at the Owner's expense. § 14.2.4 If the Owner requests the Design -Builder to provide a response to a Claim or to furnish additional supporting data, the Design -Builder shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Owner when the response or supporting data will be banished or (3) advise the Owner that no supporting data will be burnished. Upon receipt of the response or supporting data, if any, the Owner will either reject or approve the Claim in whole or in part. § 14.2.5 The Owner's initial decision shall (1) be in writing; (2) state the reasons therefor, and (3) identify any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 14.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 14.2.6.1. § 14.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 14.2.7 In the event of a Claim against the Design -Builder, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility o€ a Design -Builder's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 14.2.5 If a Claim rotates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 14.3 Mediation § 14.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 14.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. AIA Dooumsnt A141'M —2014. Copyright O 2004 and 2014 by Tie American tnstkute of Ardrkacts. AN rights nsanad. WARNINO: This AIA° Document is fit• protsoted by U.S. Copyright tow and tnlernatlonot Treaties. Unauthorised rsproduc►ion or distribution of ttds AIM Doarmant, or any portion of It. 31 may result In seven civil and criminal penahtiss, and will be prosseutsd to the maximum extent possible corder the law. This document was produced by AIA software .1 16:24:41 on 06120/2017 under Order No. 0366791110 wulch expires on 0612212016, and N not for resale. User News! (389ADA22) § 14.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section 14.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 14.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be hold in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction. § 14.4 Arbitration § 14.4.1 If the parties have selected arbitration as the method for binding dispute resolution in Section 1.3, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 14.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations or statute of repose. For statute of limitations or statute of repose purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 14.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. § 14.4.3 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 14.4.4 Consolidation or Joinder § 14.4.4.1 Either party, at Its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 14.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief Is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 14.4.4.3 The Owner and Design -Builder grant to any person or entity made a party to an arbitration conducted under this Section 14.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Design -Builder under this Agreement. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Governing Law The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 14.4. AIA Document A141' -1014. CopydgM O 2004 and 2014 by The American Insilk" of AnANecs. AN rights reserved. WARNING: This AIA° Document Is (nit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion 01 11, 32 may result In seven vei N and criminal penaaNs, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:24:41 an 08/28/2017 under Order No. 8388791110 which expires on 0612212018. and Is not for resale. th*r N°t*a: (3B9ADA22) § 152 Successors and Assigns § 15.2.1 The Owner and Design -Builder, respectively, bind themselves, their partners, successors, assigns and legal representatives to the covenants, agreements and obligations contained in the Design -Build Documents. Except as provided in Section 15.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 15.2.2 The Owner may, without consent of the Design -Builder, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Design - Build Documents. The Design -Builder shall execute all consents reasonably required to facilitate such assignment. § 15.2.3 If the Owner requests the Design -Builder, Architect, Consultants, or Contractors to execute certificates, other than those required by Section 3.1.10, the Owner shall submit the proposed language of such certificates for review at least 14 days prior to the requested dates of execution. lithe Owner requests the Design -Builder, Architect, Consultants, or Contractors to execute consents reasonably required to facilitate assignment to a lender, the Design -Builder, Architect, Consultants, or Contractors shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to them for review at least 14 days prior to execution. The Design -Builder, Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of their services. § 15.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 15.4 Riffs and Remedies § 15.4.1 Duties and obligations Imposed by the Design -Build Documents, and rights and remedies available thereunder, shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 15.42 No action or failure to act by the Owner or Design -Builder shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 15.5 Tests and inspections § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design -Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design -Builder shall make arrangements fbr such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design -Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids arc received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design -Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design -Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design -Builder shall give timely notice to the Owner of when and where tests and inspections are lobe made so that the Owner may be present for such procedures. Stich costs, except as provided in Section 15.5.3, shall be at the Owner's expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design -Build Documents, all costs made necessary by such failure shall be at the Design -Builder's expense. AlA Document A141 TM —2014. Copyright ®2004 and 2014 by The American balwts N Arehaects. As rights rsaorved. WA*$N4O: This A1As Document Is trait. protected by U.$. Copyright Law end international Trestles. Unauthorized reproduction or distribution of this AIA• Document, or any portion sift. 33 may result in severe civil and criminal penalties. and wilt be prosecuted to the maximum extent possible under the low. This document was produced by AlA so"we, at 1624:41 on 06/26R0iT under Order No. 6366701110 winch ch expires on 062212016, and is not for resale. User Notes: (36MAOA22) § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design -Build Documents, be secured by the Design -Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design -Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.6.6 Tests or inspections conducted pursuant to the Design -Build Documents shall be made promptly to avoid unreasonable delay in the Work. § 15.6 Confidential Information If the Owner or Design -Builder transmits Confidential Information, the transmission of such Confidential Information constitutes a warranty to the party receiving such Confidential Information that the transmitting party is authorized to transmit the Confidential Information. If a party receives Confidential Information, the receiving party shall keep the Confidential Information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 15.6.1. § 15.6.1 A party receiving Confidential Information may disclose the Confidential information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. A party receiving Confidential Information may also disclose the Confidential Information to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of Confidential Information as set forth in this Contract. § 15.7 Capitalization Terms capitalized in the Contract include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 15.0 Interpretation § 15.0.1 In the interest of brevity the Design -Build Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 15.0.2 Unless otherwise stated in the Design -Build Documents, words which have well-known technical or construction industry meanings are used in the Design -Build Documents in accordance with such recognized meanings. ARTICLE 16 SCOPE OF THE AGREEMENT § 16.1 This Agreement is comprised of the following documents listed below: .1 AlA Document A14lTM_2014, Standard Form of Agreement Between Owner and Design -Builder (Paragraph Deleted) (Paragraphs Deleted) .6 Other: Exhibit A -Original RFP Exhibit B -Original CML RFP Response Exhibit C -Specific terms, conditions and insurance requirements. This Agreement entered into as of the day and year first written above. AFA Document A141 "r - 2014. Copyright O 2004 and 2014 by TM Amedan Instate of Architects. Aa rights reserved. WAR#UNO This AIM Document I. molt. protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distributbn of this AIA• Document, or any portion of it, 34 may result In severe aloe and criminal penalties. and whit be prosecuted to the maximum extent possade under the law. This document was produced by AIA soMrare at 15:2441 on O012a1201 T under Order No. 6360701110 wNch expires on 00122►2010, end is not for nsete. Dam Hal.. (3B:ADA22) cnaw evo-xem KYfTf Td/YJX /L9sANu Th_ SSd (M[MN1 (M.N.iw.W Nry wn c Brava o[ W[14 Ewo[y LommYYiovssv Jul 241017 WWvo PoLttyYYA � '.K{MI vel do iiYY Wald c fivk m ane Boem q nT�� 8Y: ➢epvry EL t0 the Boa F—b7•-vvmbntly.ewYmmwnXtlrnwwxrp..un�•+nrw.11tl\Irmvw\ . .. .. - yryryNeyvtlln.s... S S..Yatltl4\W iw�Y�vmu�iyY.q-S 35 *an... tlMtlKYXgM.N ed.. .. %.4mY.YivItIt d Ti6\•In\MstlipWb ype.i.Yu\Is09AI WPY W.WX.oMg1�mN®ill\NtlYbNf I bYi AW�a Additions and Deletions Report for AlA° DocumentA141 — 2014 This Additions and Deletions Report, as defined on papa lot the associated document, reproduces below ail text the author has added to the standard form AIA document is order to complete It, as wen as any text the auk may have added to or deleted from the original AIA text. Added text Is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text. Note: This Additions and Deletions Report Is provided for information purposes only and Is not incorporated Into or constitute any part of the associated AIA document. This Additions and Deletions Report and Its associated document were generated simultaneously by AlA software at 16:24:41 on 0612812017. PAGE 1 AGREEMENT made as of the 22I day of hint in the year 2017 7"3t�"14i �L..lfiy 1 ,ter , 1 it Electronk Control -Design Designuild and Replacement of the County Jail Security Electronics Control System. PAGE 2 PAGE 3 See Exhibit A iiA N/& Additions and Deletions Ripest for AIA Document A141 T" - 2014. Copyright 0 2004 and 2014 by The American Inns tote of Architsds. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Trestles. Unadhalzsd reproduction or distribution of this Alin Document, or any portion of N, may result In severe cha and criminal penalties, and will be prosecuted to the maximum extent possible under lb. law. This document was produced by AlA software at 1524:41 on 0612612017 under Order No. 6360751110 which expires on 0612212015, and Is rot for mule. User Notes: (355ADA22) WA WA Commence Construction - July 1.2017 Final Completion - March I. 2018 PAGE 4 See Exhibit A. B and C. PAGE 5 [ X j Arbitration pursuant to Section 14.4 PAGE 6 See Exhibit B. ({f appllcabte, attach an exhibit of hourly billing rates or Insert them bdewjbelow.lN/4 PAGE 10 § 3.1.16 Dssign•Bullder's Insurance and Bonds. The Design -Builder shall purchase and maintain insurance and provide bonds as set fbrth in Exhibit OQ PAGE 34 L Additions and Deletions Report for AtA Document AI41 ^' -2014. Copyright 02004 and 2014 by The American kwtltute of Architects. AN rights reserved. WARNNfO: This AIAA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA° 2 Document, or any portion of K, may result In severe civil and criminal pens**, and will be prosecuted to the mnaxknum extent possible under the law. This document was produced by ALA software at 16:2441 on 08/2012017 under Order No. 6368791110 which expires on 00/2212011;, and is not for resale. User Notes: (38A22) Exhibit GSpecific terms. conditions and insurance requirements. Additions and Detetbne Report for AIA Document A141 h" -2014. CopydpM 02004 and 2014 by The Amerlan Institute of ArdOleds. AN rights reserved. WARNING: This AIM Document Is protected by U.S. Copyright Lew and lternsllonal Treaties. Unauthorized reproduction or distribution of this AIA° 3 Document, or any portion of it, may result In severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the low. This document was produced by AlA software at 15:24:41 on 0W2W2017 under Order No. 6388791110 which expires on 06!2212016, and is not for resale. User Notes: (3B9ADA22) Certification of Document's Authenticity AIA® Document D401 TM - 2003 1, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:24:41 on 06/28/2017 under Order No. 6368791110 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA0 Document A1411- 2014, Standard Form of Agreement Between Owner and Design -Builder, as published by the AlA in its software, other than those additions and deletions shown in the associglcd Addis and Deletions Report. (Signed) (Dated) 2Jjc/j9- AIA Document D401 TM —2003. Copydpht O 1002 and 2003 by The American kintl to of Architects. All rlphts reserved. WARMNG This AIM Document Is protected by UA. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AIM Document, or any portion elk, may result In severe aivfl and criminal penalties, and will be prosecuted to the maximum extent possibte under the low. This document was produced by AlA software at 15:24:41 on 00IZN2017 under Order No. 0300701110 which erns on 001'2212010. and is not for resale. User Notes: (3B9ADA22) r xnlDlt A REQUEST FOR PROPOSAL WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: FEBRUARY 9, 2017 BID NUMBER: B1700060 DESCRIPTION: JAIL ELECTRONIC CONTROLS -DESIGN BUILD DEPARTMENT: BUILDINGS & GROUNDS DEPT MANDATORY PRE -BID CONFERENCE DATE: FEBRUARY 22, 2017 at 11:00 a.m. BID OPENING DATE: MARCH 8, 2017 1. NOTICE TO VENDORS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: JAIL ELECTRONIC CONTROLS -DESIGN BUILD A mandatory pre -bid conference will be held at 11:00 a.m., on Wed. February 22, 2017 at the Weld County Jail, 2110 O St, Greeley CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids wM be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Bung, 115OO Street Room #107 Greeley CO 80631 until HUR AY. MARCH 2m? 10:0QAM (Weld County Purchasing Time Clock). 2. INVITATION TO PROPOSE: Weld County requests proposals for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Proposals shah include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the vendor will expect the Weld County to pay if awarded the proposal. You can find Information concerning this request at two locations: On the Weld County Purchasing website at http:l/www.co.weld.co.us/Deoartments/Purchasnxflndex html located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of Bidet Direct. BidNet Direct is an on-line notification system which Is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendwns, and awards on this one centralized system. BID REQUEST OB1700060 Page 1 Proposal Delivery to Weld County -_2 methods: 1. Email. Emailed proposals are preferred. Proposals may be emailed to: b i d s Q w e I d g o v. c o m. Emalled proposals must Include the following statement on the email: "I hereby waive my right to a sealed proposal". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the proposal is requested, you must submit/mall hard copies of the proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) proposals should be sent in a sealed envelope with the proposal title and proposal number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO VENDORS - INTRODUCTORY INFORMATION: Proposals shall be typewritten or written In Ink on forms prepared by the Weld County Purchasing Department. Each proposal must give the full business address of vendor and be signed by him with his usual signature. Proposals by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Proposals by corporations must be signed with the legal name of the corporation, followed by the name of the state of the Incorporation and by the signature and title of the president, secretary, or other person authorized to bind it In the matter. The name of each person signing shall also be typed or printed below the signature. A proposal by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the proposal of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing In behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Vendor. All corrections or erasures shall be Initialed by the person signing the proposal. All vendors shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this proposal as stated or Implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the proposal forms shall be suitably filled in. Vendors are required to use the Proposal Forms which are included in this package and on the basis Indicated In the Proposal Forms. The Proposal must be filled out completely, In detail, and signed by the Vendor. Late or unsigned proposals shall not be accepted or considered. It is the responsibility of the vendor to ensure that the proposal arrives In the Weld County Purchasing Department on or prior to the time Indicated In Section 1, entitled, "Notice to Vendors." Proposals received prior to the time of opening will be kept unopened In a secure place. No responsibility will attach to the Weld County Director r of General Services for the premature opening of a proposal not property addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing vendor prior to the time fixed for award. Negligence on the part of a vendor In preparing the proposal confers no right for the withdrawal of the proposal after it has been awarded. Vendors are expected to examine the conditions, specifications, and all Instructions contained herein, failure to do so will be at the vendors' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County vendors In all cases where said proposals are competitive in price and quality. It Is also understood that Weld County will give preference to suppliers from the State of Colorado, In accordance with C.R.S. § 30-11-110 (when it is accepting proposals for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all proposals, to waive any Informality In the proposals, to award the proposal to multiple vendors, and to accept the proposal that, In the opinion of the Board of County Commissioners, Is to the best Interests of Weld County. The proposal(s) may be awarded to more than one vendor. In submitting the proposal, the vendor agrees that the signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful vendor's response, and the formal acceptance of the proposal by Weld BID REQUEST #B170006t) Page 2 County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. 4. SUCCESSFUL VENDOR HIRING PRACTICES — ILLEGAL ALIENS: Successful vendor certifies, warrants, and agrees that it does not knowingly employ or contract with an Illegal alien who will perform work under this contract. Successful vendor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful vendor shall not knowingly employ or contract with an Illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that falls to certify with Successful vendor that the subcontractor shall not knowingly employ or contract with an Illegal alien to perform work under this Agreement. Successful vendor shall not use E - Verify Program or State of Colorado program procedures to undertake pre -employment screening or Job applicants while this Agreement Is being performed. If Successful vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful vendor shall notify the subcontractor and County within three (3) days that Successful vendor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the Illegal alien within three (3) days of receiving notice. Successful vendor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful vendor shall comply with reasonable requests made In the course of an Investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful vendor participates In the State of Colorado program, Successful vendor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful vendor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful vendor shah deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful vendor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and If so terminated, Successful vendor shall be liable for actual and consequential damages. Except where exempted by federal taw and except as provided in C.R.S. § 24-76.5-103(3), if Successful vendor receives federal or state funds under the contract, Successful vendor must confirm that any Individual natural person eighteen (18) years of age or older Is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), 9 such individual applies for public benefits provided under the contract. If Successful vendor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present In the United States pursuant to federal law, (b) shall produce one of the forms of Identification required by C.R.S. § 24-76.5- 101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 6. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the proposal, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the vendor should be transmitted separately from the main proposal submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful vendor Is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for proposal Information marked"CONFIDENTIAL", staff will attempt to BID REQUEST #81700060 Page 3 contact the vendor in order to allow the vendor to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. C. Governmental immunity: No term or condition of the contract shall be construed or Interpreted as a waiver, express or implied, of any of the Immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful vendor shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful vendor nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful vendor and Its employees and agents are not entitled to unemployment Insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful vendor or any of its agents or employees. Unemployment Insurance benefits will be available to the successful vendor and its employees and agents only If such coverage Is made available by the successful vendor or a third party. The successful vendor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful vendor shall not have authorizat€on, express or implied, to bind Weld County to any agreement, liability or understand€ng, except as expressly set forth In the contract. The successful vendor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation Insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful vendor shall strictly comply with all applicable federal and state laws, rules and regulations In effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the Interpretation, execut€on, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not Included in the contract. It Is the express Intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an Incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful vendor, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs Incurred by or on behalf of the successful vendor. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful vendor agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful vendor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Proposal within the time limits prescribed by County may rest in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful vendor's completion of the responsibilities described In the BID REQUEST OB1700060 Page 4 Proposal. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful vendor shall be the basis for additional compensation unless and until the successful vendor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there Is In fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful vendor acknowledges that County has entered Into this Agreement In reliance upon the particular reputation and expertise of the successful vendor. The successful vendor shall not enter Into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shad have the right In its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, In its reasonable discretion, shall be assigned to the Project. The successful vendor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful vendor by the terms of this Agreement, and to assume toward the successful vendor all the obligations and responsibilities which the successful vendor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful vendor and the successful vendor shall cooperate in such process. The successful vendor shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful vendor warrants that services performed under this Agreement will be performed In a manner consistent with the standards governing such services and the provisions of this Agreement. The successful vendor further represents and warrants that all services shall be performed by qualified personnel In a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The vendor warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose Intended and conform to the minimum specifications herein. The successful vendor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful vendor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Vendor shall submit with their proposals the following information pertaining to the equipment upon which the proposals are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful vendor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful vendor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful vendor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. BID REQUEST *B1700060 Page 5 Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond Its reasonable control, Including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-16-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which Is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful vendor's services and the successful vendor shall not employ any person having such known Interests. During the term of this Agreement, the successful vendor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful vendor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful vendor nor any member of the successful vendor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful vendor's operations, or authorizes funding to the successful vendor. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or Its designee. W.Compensation Amount: Upon the successful vendor's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted proposal. The successful vendor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful vendor hereunder and the successful vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"Vlll or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the Issuing company shall send written notice to BID REQUEST OB1700060 Page 6 the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy Is in excess of a deductible or self - insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self - insured retention to guarantee payment of claims. The Insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain Insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of Insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made In writing by Weld County. The Contract Professional stipulates that it has met the Insurance requirements Identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workerscompensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and Roble for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional In its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It Is agreed that the Contract Professional will be responsible for primary loss Investigation, defense and judgment costs where this contract of Indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Tunes of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, Insurance In the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall Include bodily injury, property damage, and liability assumed under the contract. BID REQUEST #B1700060 Page 7 $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, Including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate rrr rrr � rrr rrr Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of Insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Proposal and in the Response to the Proposal each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #61700060 Page 8 SCOPE OF WORK AND SPECIFICATIONS WELD COUNTY JAIL ELECTRONIC CONTROLS DESIGN -BUILD BID 2110 O -STREET, GREELEY CO 80631 Public Notice is hereby given that Weld County, Colorado, hereinafter referred to as the "County" will receive sealed bids to perform a Jail Electronic Controls Upgrade at the Weld County Jail Complex. This facility is located at 2110O Street, Greeley Colorado 80631. The purpose of this RFP is to obtain statements of qualifications and to solicit fee proposals from firms who wish to provide the services requested in this RFP. The County desires to retain a Design Build Team to perform design, construction and construction management services for all phases of the work consisting of improvements including, without limitation, the following work: • Design Services • Jail Controls Construction • Construction Management OVERVIEW The Weld County Jail Complex is located at 2110 O -Street, Greeley, CO, consists of one building that was built in three phases. The Jail's electronic controls system Is original and has received only minor adjustments as each phase was added. Weld County is anticipating a full replacement of the Jail's electronic controls systems with the intent of brining all three phase to a level of consistency and current with recent advances In technology. Weld County anticipates a complete package be designed and built with the exception of reusing the current door locks and intercoms. SPECIFICATIONS AND/OR SCOPE OF WORK: The project shall include, but not necessarily be limited to, the following: 1. All design, engineering, programming, coordination, and project management required. 2. All testing and commissioning of security electronic equipment will be included. 3. All coordination drawings, shop drawings, engineering drawings, submittal drawings and other supplemental CAD drawings required to complete scope of work as fisted herein. 4. All handling, staging, and unloading of materials Installed within this scope. 5. New system shall replace and refresh all security and CCTV fiber optic cabling including, but not limited to, cablings (POE), inner duct, splices, switches, accessories, terminations, and testing. 6. Due to volume of traffic, the new CCTV system should ride on a new and completely separate network from the PLC or intercom equipment. 7. New system shall control all door access control systems including, but not limited to, wiring, terminations at electrified doors. 8. Contractor will provide all new security electronics equipment including, but not limited to, computers, servers, racks, consoles, programmable logic controllers (PLC's), uninterruptable power supplies (UPS's), data logging and reporting systems, customized cabinets, customized countertops, printers, intercoms, touchscreen control systems, software, licenses, certifications, and customized system programming. 9. Uninternaptabfe power supplies (UPS) shall have a run time of 45 minutes. 10. If additional room cooling is required, contractor shall Include full installation within this bid. 11. Contractor is expected to replace the complete security electronics network including, but not limited to cabling, network hardware, communication cards for all systems, software, equipment, racked assemblies, terminations, and testing. This new network will Incorporate all three phases of the jail and must connect all facility control centers via a fiber network in a redundant (star) configuration. 12. The network and components shall also be developed to allow the addition/expansion of capabilities for the new 374 bed addition to be built in 2019-2020. BID REQUEST 061700060 Page 9 13. At the rear of jail, roadway vehicle detectors must be replaced including, but not limited to: saw cutting, wiring, sensors, probes, detectors, processor boards, terminations and interface with dual height intercoms. 14. Contractor shall maintain current utility system controls, TV, roof monitor system, and elevator controls, Including, but not limited to: wiring, terminations at control valves, and terminations at lighting control panels, relays, custom programming, equipment, hardware, software and licenses. 15. Provide one year warranty. One year warranty starts after completion of all installation activities and after substantial completion is agreed upon by owner. 16. It Is anticipated all cabling will be upgraded/replaced, new hardware and storage devices, new HMI (touch screen), door power supplies, PLCs etc. Exception: It Is anticipated all actual door locking hardware, intercom speakers, and intercom pushbuttons will be reused. 17. System must maintain a 90 -day retention of all video surveillance. 18. Provide three video viewing stations strategically places throughout the facility. Two stations will have the primary purpose for viewing live and stored video feed. One station will require additional equipment to view, download and burn video evidence from live and stored video for the purposes of administrative and criminal proceedings as well as for training purposes. 19. Selected video selections by staff must be able to be downloaded/copied to CD, flash drive, and saved to other electronic storage devices separate from the 90 -day retention components. 20. Provide capability at officers' desk In units 201-211, to view live video feed from air pod cameras located in the respective units 21. Remove old Security Electronics equipment, (PLC's), (Cameras), (Millwork) as new equipment is tested and property functioning. In addition, the old graphic panel In Booking shag be removed. 22. Sequence, must allow for new system components to be operational and demonstrate reliability prior to removing old components from service. 23. Contractor must provide training to owner at pre -arranged dates on new systems. 24. Provide six roof top cameras with locations to be determined during the design build. Camera Specifications: 1. The stationary Indoor dome camera(s) shall be manufactured by Axis with Model M3045 -V. No substitute permitted. 2. The Pan Tilt Zoom (PTZ) camera(s) shall be manufactured by Axis with Model P5635 -E MKH. No substitute permitted 3. The stationary outdoor dome camera(s) shall be manufactured by Axis with Model P3225-LVE Mk II Network Camera Streamlined, outdoor -ready HDTV 1080p fixed dome for any light conditions. No substitute permitted. Master Control Specifications: 1. Operator's desk will be the Winsted Ascend Dual Sit/Stand Control Console for each operator location. It is desired that each master control room be set up with three fully operational work stations. 2. HMI devices will be replaced with a preference for touchscreen controls that as systematically sequences with the operational software application configuration. 3. There will be two master control centers/rooms. Each must be completely independent of each other with their own "back end" system. One will be the primary to run the entire facility. The secondary master control will contain the same capability of the primary and permit full operation should the primary master control become inoperable. 4. Contractor will be responsible for removing all other master control equipment and desk once the new system is brought on-line. Floor plans 1. Site floor plan will be provided at the mandatory pre -bid meeting and facility walk through. 2. Bidders will be required to sign for set of floor plans and return the documents at the time of bid submission. BID REQUEST #61700060 Page 10 PRELIMINARY SCHEDULE • Date of this RFP February 9, 2017 • Pro-bld conference February 22, 2017 • Proposals Are Due March 8, 2017 • Contract Award Notice March 22, 2017 • Pro-Const. Services Immediately upon notice of award • Commence Construction June 1, 2017 • Substantial Completion November 1, 2017 • Final Completion Projected date of December 1, 2017 The successful Bidder will be required to furnish, as part of the Contract Documents, an insurance certificate in the amount specified in the Contract Documents, a Performance Bond and Labor & Materials Payment Bond, each In an amount equal to 100% of its Contract price including Force Account items, said bonds to be Issued by a responsible corporate surety approved by the Board of County Commissioners and shall guarantee the faithful performance of the Contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the County from claims and damages of any kind caused by the operations of the Contractor. The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in bids, and to accept the bid that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. SCOPE OF SERVICES The intent of this section is to highlight in general terms the nature and scope of the work to be performed. 1. DESIGN SERVICES a. Provide a conceptual design for the project. b. Civil engineering and site planning, as required. c. Prepare submittals to governing agencies for approval. d. Provide a schematic design package. e. Provide a design development package. f. Provide full and complete construction documents. g. Provide construction administration. h. Attend weekly design and construction meetings. i. Prepare building permit submittal, and assist in obtaining the permits. Make Building Department requested revisions. j. Provide an estimate of "reimbursables" that would be required for this project. k. Provide hourly rates for "additional services." I. Provide a design schedule m. Include all costs for architectural design services, programming, civil engineering, structural engineering, mechanical engineering, electrical engineering, and all other "consultant" fees in the proposal. The Design Build Team must have demonstrated the ability to perform a project of this scope. As construction documents are completed, the firm will be expected to provide a construction budget including a Guaranteed Maximum Price ("GMP"). The County believes it is crucial that the firm be a member of the project team and participates along with the architect and the consultants in the design process. 2. PRE -CONSTRUCTION SERVICES: a. Conceptual Estimate b. Project Development Schedule established that includes the applicable regulatory, agency, outside entity, project team and County activities. Construction Schedule developed which includes all critical design/engineering and construction activities and identifies delivery issues. Advise the County of a plan to manage such delivery issues. BID REQUEST #B1700060 Page 11 c. Continually review (prepare reports, recommendations, etc.) all design documents in regard to budget, constructability, completeness and coordination. d. Monitor budget and schedule throughout the design phase and advise the County when corrective action Is required related to both design progress and costs. e. Provide value engineering during design studies. f. Evaluate the availability and supply of labor and advise the County of potential impacts. g. Develop proposal request packaging/phasing strategy including outreach program for work by trade contractors. h. Develop procedures for issuing proposal requests and prepare documents/scopes for the County Review. I. Conduct pre -proposal conferences j. Review, analyze proposals results and recommend award to successful respondent k. Develop management reporting procedures to be used during construction, (costs/schedules, etc.). I. Establish job site survey controls prior to mobilization. Coordinate surveys, geotechnical investigations and other pre —mobilization activities. m. Provide any other Pre -construction services as may be required by Weld County. n. Contractor will provide programming services during the design phase. The programming and design phase could require extended time with multiple plan revisions 3. CONSTRUCTION PHASE: The Design Build Team will manage and coordinate all construction activities, during this phase the Design Build will provide without limitation, the following services: a. Design Build Team 1) Monitor costs and prepare monthly project cost reports. 2) Quality control. 3) Coordination of all on -site activities including commercial contractors, subcontractors, utility companies and coordination of all work related to, In close proximity to or adjacent to the site which may Impact the work on this project. 4) Vendor drawing administration. 5) Change Order management 6) Preparation of monthly pay application. 7) Preparation and coordination of Infrastructure acceptance submittals. 8) Close out documentation Notice of Final Settlement process. 9) Any other construction services as may be required by Weld County. b. General Condition Services. 1) Complete field staff and support, temporary facilities. 2) Equipment and support not In direct cost. 3) Manage permits hell by Owner. 4) Issue and manage agreements for testing and Inspection services, surveying, etc. 5) Coordination with utility companies. 6) Support design team. 7) Performance. labor. material & oavment bond will be required. PROPOSAL DOCUMENTS Please submit an original and two (2) copies of your proposal signed by a person authorized to bind the party. Please also submit one (1) electronic coon. The proposals shall be organized as outlined below: A. Firm(s) Information: 1) Identify which office (Contact Office) will be responsible for the project. 2) Provide a staffing chart showing proposed organization for this project. 3) Provide a hat of proposed firms to be used in design services BID REQUEST #81700060 Page 12 4) Provide resumes of personnel who will be involved on the project. Weld County reserves the right to Interview designated project personnel. 5) No changes in the approved project personnel will be granted unless agreed to by Weld County. 6) Provide a detailed financial statement of the Firm, including a bank reference and credit available and furnish any other information that may be required by the County. If Firm does not wish its financial Information to be a public record, please place In an envelope and label as "Confidential". Failure to do so may result in said financial information being publicly disclosed. 7) Provide copy of certificate of insurance and limits of public liability under Insurance. 8) Provide any and all Information regarding any lawsuits pending or threatened against, you, your firm or any of the principals or joint ventures. 9) Provide your company's bonding limitations. B. Firm's Experience: 1) Provide a brief summary of like work your firm has undertaken as a Design Build Contractor. Note: Do not use prior projects conducted for Weld County government. 2) List the owner, type of project, address and contact name for references and telephone numbers. 3) Indicate whether your contract was a prime or involved a joint venture with another firm and whether construction management, general contracting, design build, or a combination or other services were Involved. C. Current Workload: Provide a Net of current project commitments by your proposed team and proposed individuals, including the status of such projects. Identify the owner's representative, address and phone number for each project. D. Services: 1) Indicate If your firm has provided Design Build projects. 2) In addition to the activities listed under "Scope of Services", section "2. Construction Phase" above, provide a list of any additional construction management, general condition and/or coordination services you believe will be necessary to successfully complete this project. 3) Define your commissioning plan E. Construction Methods: Indicate which elements of work or other services your firm is capable of performing with Its own forces. Please note Weld County reserves the authority and right to require the Design Build Contractor to bid self -performed work In competition with available qualified subcontractors. F. Evaluation Criteria: The following criteria will be used to evaluate the proposal submitted In response to this Request for Proposal: 1) Prior experience of firm and key staff on a similar project. 2) Quality and experience of people assigned to the project — project manager, superintendent, design team, etc. 3) Current workload, organizational depth and ability to deliver the project within the project's timeframe. 4) Demonstrated ability to work with design team providing conceptual estimating, value engineering, constructability, and scheduling services. 5) Best value for the County. 6) Demonstrated ability to construction a project such as this to meet cost, schedule and quality goals. 7) Commissioning plan 8) Describe the warranty period procedures, tracking, response times, etc. 9) Fee proposals and general conditions estimate. BID REQUEST #B17t9006© Page 13 G. Fee Proposal: The County anticipates entering into a Guaranteed Maximum Price (GMP) Contract plus a fee. Additional phases of work may be amended to the contract. 1) Identify the Fee your firm proposes to provide Design Build services described in this RFP. The fee is to be based on cost of work. 2) Provide the general condition costs for the project for the services described in this RFP. 3) Provide a cost for the pre -construction phase services and how you Intend to charge for these services. Include an estimate of non -personnel expenses in similar format to formulate the estimate of total cost. 4) Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each supervisory/administrative Individual proposed for involvement In either the pre - construction phase or construction phase of the project. 5) Provide a schedule of current bond premium rates and confirmation of the current bonding capacity of your firm. Complete the fee proposal below for your bid. Assumptions are the contractor's assumptions for completing this job. The fee proposal should be provided In either a percentage of the GMP or a Lump Sum. If you have attachments aetaiiina those tees. A. Bidder Assumptions 1. Construction Budget (including general Estimated GMP conditions, fees, contingency, bonds and insurance). 2. Construction Duration B. Fee Proposal 1. Pre -Construction 2. Design Fee 3. General Conditions 4. Construction Management Fee 5. Bonds (Attach schedule) 6. Other (describe on additional sheet) Estimated # of Months Or Lump Sum $ NOTE: Winning contractor will be expected to enter into a standard AIA contract for this design build. BID REQUEST #81700060 Page 14 MAINTENANCE AGREEMENT Weld County Is Interested In identifying maintenance cost associated with this replacement. While the first year's components and installation will be under warranty, the County would like to obtain pricing for the second and third year maintenance. Please provide a maintenance proposal detailing what is Included/excluded In a maintenance agreement. In addition, provide the following wage rates: YEAR 1 YEAR 2 YEAR 3 Normal Labor Wage Rate (Hourly) $ $ $ Overtime Labor Wage Rate (Hourly) $ $ $ Price Increase/Adjustment per year % % % Parts Markup Percentage % % % The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #91700060 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she Is authorized to bind the below -named vendor for the amount shown on the accompanying proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality In the proposals, and to accept the proposal that, In the opinion of the Board of County Commissioners, is to the best Interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL THE SUCCESSFUL VENDOR SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE"' WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1.8. 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B1700060 JAIL ELECTRONIC CONTROLS - DESIGN BUILD Buildings & Grounds Dept. PLEASE NOTE THE FOLLOWING, SIGN AND EMAIL BACK TO bidsCa weidaov.com: The bid opening is scheduled for March 9, 2017 at 10:00 a.m. (Weld County Purchasing Time Clock). However, there are two references in the bid packet that state to the incorrect date. Therefore, those dates need amended as follows: 1. Amend Title Block on Page Ito state: BID OPENING DATE: MARCH 9, 2017 2. Amend PRELIMINARY SCHEDULE on page 11 to state: Proposals Are Due: March 9, 2017. ***We need signed copy on file. Thank Youl*** Addendum received by: FIRM ADDRESS CITY AND STATE BY TITLE FEBRUARY 27, 2017 LAflif,f.. .� cXl-11�T MAINTENANCE AGREEMENT Weld County Is interested In Identifying maintenance cost associated with this replacement. While the first year's components and Installation will be under warranty, the County would like to obtain pricing for the second and third year maintenance. Please provide a maintenance proposal detailing what Is Included/excluded in a maintenance agreement. In addition, provide the following wage rates: YEAR 1 YEAR 2 YEAR 3 Normal Labor Wage Rate (Hourly) $ C 5 $ 5 $ 5 Overtime Labor Wage Rate (Hourly) $ IZ5 $1'LS $125 Price Increase/Adjustment per year O % O % p % Parts Markup Percentage Z 5 % Z5 % 25% SSE bcT"f*Z"Cv t� /ha.►N TEirtJAMG� Faz Po 5 Faa. f-GA4 L5 ON o�R n/AnI C PIR.oc (2AM. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1700060. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she Is authorized to bind the below -named vendor for the amount shown on the accompanying proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (inducting, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any Informality In the proposals, and to accept the proposal that, In the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM C: A L Set c -t> �c C— BY k (Please print) BUSINESS ADDRESS ' 4OC ,I Co r . rr DATE ' S 71J v7 Oy�V0► Ut` , �N t �� CITY, STATE, ZIP CODE cM.. hO51( TELEPHONE NO 20- 66-3b50 FAX 12M3ElS-r TAX tD # •'l{, lea '3 SIGNATURE E-MAIL C,t ycuc .0 5 `*THE SUCC UL ALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES _1-6. - 8, BID REQUEST #81700060 Page 15 G. Fee Proposal: The County anticipates entering into a Guaranteed Maximum Price (GMP) Contract plus a fee. Additional phases of work may be amended to the contract. 1) identify the Fee your firm proposes to provide Design Build services described In this RFP. The fee is to be based on cost of work. 2) Provide the general condition costs for the project for the services described In this RFP. 3) Provide a cost for the pre -construction phase services and how you Intend to charge for these services. Include an estimate of non -personnel expenses In similar format to formulate the estimate of total cost. 4) Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each supervisory/administrative individual proposed for involvement in either the pre - construction phase or construction phase of the project. 5) Provide a schedule of current bond premium rates and confirmation of the current bonding capacity of your firm. Complete the fee proposal below for your bid. Assumptions are the contractor's assumptions for completing this job. The fee proposal should be provided in either a percentage of the GMP or a Lump Sum. If you have additional fees. orovide attachments detailing those fees. A. Bidder Assumptions Construction Budget (including general Estimated GMP conditions, fees, contingency, bonds and Insurance). 2. Construction Duration B. Fee Proposal 1. Pre -Construction 2. Design Fee 3. General Conditions 4. Construction Management Fee 5. Bonds (Attach schedule) 6. Other (describe on additional sheet) Estimated # of Months 2.3% I %Q O% Or �MON7F{S Lump Sum $_'E3, 000 $74, OOO $ If2.; 00O $' $v2_, goo $C) NOTE: Winning contractor will be expected to enter into a standard AlA contract for this design build. BID REQUEST #81700060 Page 14 Proposal Documents Weld County Jail Electronic Controls — Design Build BID NUMBER: B1700060 Weld County, Colorado ORIGINAL Submitted by: CML Security, LLC 400 Young Court, Unit 1 Erie, CO 80516 (720) 466 3650 www.cmisecurity.us Authorized Signature: Keith Thoene, President + Owner CML Security, LLC Incorporated In South Dakota s e our i t y (5CmL s e a u r r t y March 7, 2017 Toby Taylor, Director Weld County Department of Buildings & Grounds Re: Weld County Jail, Electronic Controls — Design Build Dear Mr. Taylor: CML Security respectfully submits our bid for the Weld County Jail Electronic Controls, Design Build project. As the leading design build security electronics and detention equipment contractor, located less than an hour from the Weld County Jail, we are excited and prepared to work closely with you to ensure all of your needs and desires are met while staying within your stated budget. Our expansive team of talented individuals, many of whom have worked together since 2004 on over a hundred retrofit and upgrade projects, are well versed In the day-to-day requirements necessary to successfully achieve the scope of work for the Weld County Jail project. We are uniquely qualified in regards to this opportunity based on our previous design build and design assist experience, our ability to self -preform all of our work, and our financial strength. We believe that our company and team will bring a level of experience and knowledge to this project that others will not. CML Security Is team focused and customer driven. Our knowledge and positive working relationships throughout the industry allow us to provide superior service and project oversight to fulfill our ultimate goal of making the entire project team successful. I trust the documents enclosed meet all the requirements of the request for qualifications. Please feel free to contact me with any questions or any clarifications that you may need. Regards, Keith Thoene Owner+ President CML Security, LLC 3O3 9O6 75O4 kthoene@cmisecurity.us tt,tt Secuiily 1400 Younli (ouil, Ihiil I I F io, (0 80516 I www iulsocurily.us (5JcmL •• o u r i t. y A. FIRM(S) INFORMATION: 1) Identify which office (Contact Office) will be responsible for the project. CML Security's main office is located in Erie, Colorado. This Is the main contact office and the office that will be responsible for the Weld County Jail Electronic Controls project. CML Security, LLC 400 Young Court, Unit 1 Erie, CO 80516 2) Provide a staffing chart showing proposed organization for this project. A project specific organizational chart can be found on page 14 3) Provide a list of proposed firms to be used In design services Dave Campbell, Owner — Maximum Security Engineering, Colorado Springs, CO Registered Professional Electrical Engineer Colorado #32916 See Dave Campbell's resume and blo on pages 15-19 4) Provide resumes of personnel who will be involved on the project. Weld County reserves the right to interview designated project personnel. Please find resumes of key personnel for the Weld County Jail project on pages 20-31 5) No changes in the approved project personnel will be granted unless agreed to by Weld County. Understood. 6) Provide a detailed financial statement of the Firm, including a bank reference and credit available and furnish any other information that may be required by the County. if Firm does not wish Its financial information to be a public record, please place in an envelope and label as "Confidential". Failure to do so may result In said financial Information being publicly disclosed. CML Security's detailed financial statements can be found In the accompanying sealed envelope marked, "Confidential." Please find attached bank reference letter on page 32 (Ml Secuiily 1400 Young (oust, Uuit I 1 Lilo, (0 80516 j www.nolsecurity.us L5EmL • e o u r i b y 7) Provide copy of certificate of insurance and limits of public liability under insurance. Please find a copy of our Certificate of Insurance on page 33 8) Provide any and all information regarding any lawsuits pending or threatened against, you, your firm or any of the principals or joint ventures. None. 9) Provide your company's bonding limitations. Single Project: $25,000,000 Aggregate $75,OOO,OOO See letter from our surety company attached on page 34 B. FIRM'S EXPERIENCE: 1) Provide a brief summary of like work your firm has undertaken as a Design Build Contractor. Note: Do not use prior projects conducted for Weld County government CML Security has preformed, within the last 5 years, more Design Build / Design Assist projects than any other Security Electronics Contractor. Our company is setup specifically for Design Build work. Our fundamental philosophy Is, it starts with the owners needs and desires. Each project that CML is involved with is customized to that Individual owner. On the following pages, please find key highlighted projects along with reference letters. We are excited to discuss more In depth how we can meet the demands of Weld County. 2) List the owner, type of project, address and contact name for references and telephone numbers Reference letters attached with our highlighted projects. 3) Indicate whether your contract was a prime or Involved a joint venture with another firm and whether construction management, general contracting, design build, or a combination or other services were involved. Please find detailed project cutsheets on the following pages. (lti Se(u�ity 1 400 Young (oiIl, Unit 1 I (tie, (0 80516 f www.(mise urily.us * o C u r i t, y RJ Donovan Infill, Otay Mesa, CA Security Electronics + Detention Equipment Scope of Work CML Security was a Design -Build partner Original Contract Amount: $5,875,000 Final Contract Amount: $5,875,000 (SEC portion only) Final Completion: 2016 Description of Project Complete Security Electronics System for this New Level II California Infill facility. CML provided a complete SEC and DEC scope of work. Name of Owner: CDCR Name of Architect: Arrington Watkins - Patte Thornton, Project Manager / Architect 602279 4373 *See Reference Letter on page 8 Name of General Contractor: Sundt / Layton — a Joint venture CML Team Members: Keith Thoene, Mike Rypkema, Chris White, Lakshan Pathirana, Cory Solberg, Jon Masdin, Mark Geisert U�11 Se(uiily 1 4001ounil (nun, Unii I I file, (U P0516 I r's,sv (nilseamiiy.ns 5 (I ML San Mateo County Replacement Correctional Facility, Redwood City, CA — Phase I + II Security Electronics + Detention Equipment Scope of Work CML was a Design Assist partner Original Contract Amount: $3,200,000 Final Contract Amount: $3,500,000 (SEC portion only) Final Completion: 2016 Description of Project New construction of an Adult Behavior and Rehabilitation Center, County Facility. A minimum and medium security facility with work release and program space. CML provided a complete Security Electronics and Detention Equipment scope of work. Name of Owner: San Mateo County Sheriff's Office Jail Planning Unit — Lieutenant Dave Titus 650 716 5973 *See Reference Letter on page 9 Name of Architect: HOK Name of General Contractor: Sundt Layton, Joint Venture CML Team Members: Keith Thoene, Mike Rypkema, Chris White, Cory Solberg, Jon Masdin, Billy Phipps (I Security (10 Ynuug (uuL Ilnit I Iiii Rl 8(JI6 wiw.uulsr.rllilly us 6 B e o U ( i L y Maguire Correctional Facility, Redwood City, CA Security Electronics Scope of Work CML Security was a Design Assist Partner Original Contract Amount: $5,232,OOO Final Contract Amount: $5,232,OOO Final Completion: 2O16 Description of Project CML Security provided security electronics upgrade and improvements for the 12 -story facility, including all HMI, CCTV, Card Access, Intercom, Duress and Utility Control Systems. The upgrades also integrated video visitation and overall systems modernization. Name of Owner: San Mateo County Sheriff's Office Jail Planning Unit - Sergeant John Kovach 65O 363 4692 *See Reference Letter on page 9 Name of Architect: N/A — CML was Prime Name of General Contractor: N/A — CML was Prime CML Team Members: Keith Thoene, Mike Rypkema, Chris White, Jon Masdin, Nick Howell, Cory Solberg, Billy Phipps (1,41 Secuiily 1400 Young (rourl, Unil 1 I (lie, (0 80510 j www.nulsecurily.us 7 To Whom It May Concern March 2, 2016 I have had the pleasure of working with CML Security on the RJ Donovan State Prison Infill project for the State of California Department of Corrections and Rehabilitation. This project is a $180 million dollar and Is using Design -Build as Its delivery method. The scope Included 225,000SF of new prison construction and 75,000 SF of renovation within active existing facilities. During the RFP stage of the project CML Security was a crucial partner. They provided their far reaching knowledge and experience that aided the design team and the general contractor in making decisions that were compliant with the CDCR Family of manuals. They were able to offer Ideas for enhancements, for example, the replacement of solenoid locks with motor driven locks. They acted as reliable design build partners and even co -located with the architect, engineer and contractor team. They were hands on in the RFP phase which resulted in more accurate scoping, pricing and accurate presentation drawings. CML Security worked with the architect and the owner to finalize hardware and keying. They presented options for all the different security concerns of the owner, while staying compliant with current code and State Fire Marshal requirements. After award of the project CML Security mobilized on site with a full workforce. They continued to work in the design assist role, fine tuning additional security Issues of the owner. During construction of critical housing unit precast modules, they worked double shifts, in an effort to accelerate the schedule. CML Security served as both our detention and security electronic contractor. They have the ability to Integrate seamlessly both detention and security design, manage fabrication and complete installation. Innovation was one of the owner defined critical success factors. CML provided custom fabrication In the renovation work as well as the new construction. I can confidently recommend CML Security as a Design Assist, Design Build, DEC and SEC contractor. Their entire staff are team players, from preconstruction to field. 1(.If: to Patte Thornton Project Manager/Architect 6240 N. 16"SVeet SuMte 101 Ptv&*4 ArhKm 46016 Tetupon. (602) 279-4373 FAX: (602) 279.9110 A1JntitedLisb tyCon'IXVV Lt. David Titus San Mateo County Sheriff's' Office 1300 Maple Street Redwood City, CA 94063 September 12, 2016 The Maple Street Correctional Center (San Mateo County) is a large design/build county jail. During the design phase, we wanted to ensure the facility's security components were personalized and best suited for our staff. CML Security was a pleasure to work with during this design phase. CML Security was very attentive to my overall staffs needs and desires. CML Security's personnel continued their outstanding performance by executing construction as agreed upon during the design phase of the security components on both the detention equipment and the security electronics. CML Security also performed a complete security electronics upgrade to one of our existing facilities, the Maguire Correctional Facility. This project included all new wiring, upgraded work stations, a remodeled central control room, the addition of security cameras, and replacement of detention doors and locks. This project was completed on time and on budget. Throughout both projects, CML Security staff was always available either in person, by phone, or email to quick address any issues that came up. I am confident that any future clients will receive the same level of dedication and professionalism we received in San Mateo County. Sincerely, Lt. Dave Titus ML s• o u r i L y C. CURRENT WORKLOAD: Provide a list of current project commitments by your proposed team and proposed Individuals, including the status of such projects. Identify the owner's representative, address and phone number for each -project. A list of current project commitments by our proposed team can be found on page 35 D. SERVICES: 1) Indicate if your firm has provided Design Build projects. CML was founded in 1985 by Mike Langersmith and has been performing Design Build work within months of the founding of the company. For the past 5 years, CML has been the leading design build detention equipment and security electronics contractor in the western US, winning over 90% of all significant best value selections projects that were awarded. We pride ourselves In this fact because it shows that owners, such as you, have seen the value that the CML team can bring to their project. In the end, it's about the owners needs and desires fitting within the budget and CML's ability to work with the owner to make that happen. On page , please find a list of Design Build and Design Assist projects that CML has partnered on over the past 5 years. 2) In addition to the activities listed under "Scope of Services", section "2. Construction Phase" above, provide a list of any additional construction management, general condition and/or coordination services you believe will be necessary to successfully complete this project. CML Security has developed a very specific management and implementation process for security electronics upgrade projects such as yours, focused on the owners needs within a budget. This process was put together over the last decade or so by our leadership team — Keith Thoene, Mike Rypkema, Chris White, Brett Noecker, Cory Solberg and Tommy Thoene — who together, have completed hundreds of retrofit projects over the past 12 years or so. We will begin the project with a pre -kickoff meeting with the owner. The sole purpose of this meeting Is for CML to listen to the owners' expectations, needs and wants. Internally, our team will start this project off with a detailed handoff from work procurement to operations. This handoff includes owners expectations, scope, estimate, and contract, along with the compliance log, which is a complete listing of all discussions and events that lead up to the scope being the scope and the price being the price. Of particular importance in this handoff will be the requirements for working in the existing facility and phasing requirements to achieve the schedule milestones. This project is a fairly large security electronics retrofit, which entails multiple cutovers per equipment room and control room. It is our understanding of your needs during this phasing that will set this project up for success. (i.1t Se(utity ( 400 Young (nit I, (Jolt 1 1 He, (0 80516 I rnrw.nuiseuirity.us 10 n� a CML aU 0 U r i, y After the internal handoff, CML will engage In a project kickoff meeting with the owner to establish roles, communication and approval protocols. From the kickoff meeting, CML is typically going to move into a phase of intense coordination and design with the owner. These design and submittal review sessions can last from about a 2 -hour to as long as a full day working session. All owner meetings will take place face-to-face at the facility to promote engagement from all parties. Both our management and engineering teams participate in these design meetings using design tool presentation styles such as 2D AutoCAD drawings, 3D drawings and renderings, physical samples, vendor demonstrations, and mockups. One of our most critical milestones In these design meetings will be honing in on the owners desired Security Electronics Control System Theory of Operations. Through these design meetings and Intense coordination with the owner, CML can deliver exactly what the owner wants, whether that is a carbon copy of a plan/touchscreen system or a dramatic changeusing current software and hardware capabilities. CML will also bring a wealth of ideas from projects we have completed with other owners In the industry. During the wrap-up of design and prior to the start of the construction activities, we will mobilize our Director of Safety, Brian Lordson, to review our current safety program against the final design documents and project logistics. This allows CML to specifically modify and perform all JHA's and train our staff before the start of any work. Of particular note on this project will be the lock -out tag - out procedures that will be developed per equipment room in accordance with our safety program and owners requirements. it Is also during these preconstruction activities that CML will focus on our constructability and sequencing review processes with the owner and any other trades Involved. We believe this is a skill set and practice that sets CML apart from the competition. it is In these meetings that we drive cost and schedule durations out of the job through in-depth reviews with all affected parties, by closely coordinating all Interfaces and educating all levels of management on the intricacies of the Interface between the security electronics and other building systems. Moving past the preconstruction/design activities, CML believes that the onsite staffing of the project is critical to the project success. As you can see from our org chart, CML will be placing multiple layers of management on your project to manage our quality and schedule. Starting with the management of the equipment layout for security electronics, it is critical that everyday Is Inspected through our quality control process. This process requires all critical events and sequences to be reviewed and signed off by an independent position within the company. Equipment layout and placement, for example, is reviewed and approved by the engineering department after our electricians have completed the raceway work, to verify compliance with approved submittal documentation and also with applicable codes, such a working clearances in front of racks and enclosures. CML self -performs all work on our retrofit projects. This includes all management, engineering, programming, installation, and maintenance services. It is our belief that the only way to 100% control a project's success is to perform 100% of the work with a unified team, and do not plan on using any subcontractors. We have included Dave Campbell on this particular project because the RFP has asked us to have an outside expert. CML and Dave Campbell have worked together on numerous successful projects. (MI Securily 1400 Young Court, Unit I I Erie, (0 80516 ( www.cmisecurily.us 11 (')cmLr s a o u r i t. y Onsite management is one of CML's keys to success through the heavy construction phases of the project. We find that 'the known' will not slow us down, but it is the unknown or constant changes that can kill production, if not managed properly. To help deal with the large volume of changes on design build projects, CML focuses on keeping the same management team on any particular project from start to finish. While this may sound obvious, it can be a real challenge given the rise and fall of backlog. As an example of our efforts, we kept the same Project Executive, Project Manager, Project Coordinator and Project Superintendent team members on two separate and nearly four- year long projects, RJ Donovan and San Mateo County Jail — all separate individuals per position on each project. Combining solid project management tools with a steady workforce, are the fundamentals that allow CML to ensure that you get a stable and steady contracting support on our scope of work. CML is a detention equipment and security electronics contractor for the corrections industry. We do not do any commercial security work, fire alarm work or other low voltage type projects. This is what we do all day, every day and our lively hood depends on our reputation so we cannot afford mistakes. The majority of our security electronics team members have been working together since 2004 and have successfully installed well over a hundred retrofits and upgrades. We are intimately aware of the day to day requirements to achieve the scope of work on this project for all systems and believe our specific experience in this industry and as a unified team will bring tremendous value and energy to your project. A schedule has been included on pages 37 - 38 3) Define your commissioning plan A successful project requires a comprehensive commissioning plan for all relevant products turned over in the SEC package. CML's staff has broken this process down into scheduled milestones to ensure that we are oil track for the final commissioning dates and requirements. These milestones fall into four distinct phases: 1. CML's commissioning begins with the factory test for the security electronics system. This is a full and detailed test of the actual system as it will be connected in the facility and this test allows detailed conversation and checkout with the owner and design team. Avery large amount of issues are identified and corrected during this process. All final commissioning sheets are created and used during this test. 2. As soon as we power up our systems at the facility we run through our second phase of our commissioning plan. During this milestone, we will be completing device -by -device testing documents showing our voltage checks and basic device operations. This is where we prove that all equipment and devices are hooked up correctly and receiving the proper voltages and functioning. We do not focus on any minor adjustments in control or levels because it is our goal to get as much roughly operational as quickly as possible inside an occupied facility. 3. The third stage for our commissioning plan is where CML adjusts and fixes all detailed focusing, timing, equipment levels and quality checks on the entire control system and field devices. These adjustments are usually relatively minor. This stage is by far the largest in duration but can be done while the system is being used. (ttt Security 1400 Young (ours, Unii 1 I Eiio, (0 80516 I www.cinlsocurily.us 12 = r-- /V1=C Design of electronic security systems include, but are not limited to: • Programmable Logic Controller (PLC) • Human Machine Interface (HMI) • Door Control • Network Video Recording • License Plate Recognition • Nurse Call • Access Control • Alarm Monitoring • Paging and Intercom • Communication Systems • Perimeter Detection • Microwave Detection • Vehicle Control • Baggage Screening • Watchtour • Video Visitation • Utility Controls • Uninterruptibie Power Supplies • Closed Circuit Television • Video Analytics • Under Vehicle Surveillance • Radio Frequency Identification • Intrusion Detection • Biometric Identification • Audio Monitoring • Data Management Systems • Electric Fences • Motion Sensing • Fixed and Personal Duress Alarm • Personnel Screening • Inmate Tracking • Video Arraignment • Building Automation Integration • Command and Control Centers Our security portfolio encompasses a complete range of project types and sizes Including public safety, emergency operation centers, jails, courthouses and prisons. We specialize in securing Mission Critical Facilities. We have designed the security systems for more than 13O projects In over 3O states. We have worked internationally as well In Canada, Mexico, Puerto Rico, Trinidad, and Oman. We have designed security systems for some of the largest and most complex facilities in the world. MSE specializes in conducting security assessments, master planning, operational analysis, system and infrastructure evaluations, threat and vulnerability assessments, design document drawing and specifications, construction administration and quality assurance for electronic security systems. MSE's company philosophy is to partner with our clients and design/build partners in a team approach to develop a safe, affordable, cost effective solution to securing their facility. 16 = --- 1'VI=C DAVID R. CAMPBELL, P.E. Owner Maximum Security Engineering Colorado springs, Colorado, USA Education BSEET Degree, DeVRY University Professional Registration Registered Professional Electrical Engineer Colorado #32916 Maryland #36910 California #20376 Utah #8673011-2202 Arizona #54963 Mr. Campbell has more than 29 years of experience In Institutional, governmental, commercial and Industrial electronic security systems. Specializing In programming, planning, operational analysis, threat analysis and design of security systems for justice, healthcare, educational, commercial, military and industrial facilities. Has completed more than 130 projects in over 30 states and Canada, Mexico, Puerto Rico, Trinidad and Oman. Has designed security systems for some of the largest and most complex facilities in the world. As a registered Professional Electrical Engineer, David designs electronic surveillance, monitoring, communication, security and control systems. He serves on the American Society for Testing and Materials (ASTM) committee for the Selection of Operational Security Control Systems and a participant in the national industry association conferences Including the American Correctional Association (ACA), American Jail Association (AJA) and the American Society of Industrial Security (ASIS). David Is a national presenter and author on electronic security topics. He was a featured presenter at the National Sheriff's Association (NSA) and the Construction and Maintenance Institute for Criminal Justice Agencies (CMI). He has written several security related articles which have been published in the Education Digest, School Construction News, The Daily Journal, The Denver Post, Design -Build Dateline, the Corrections Forum and Correctional News. He is also the author of the "Courthouse Securitysection of the Handbook for Architectural Planning and Design. Mr. Campbell's project experience includes the following projects: Colorado State Penitentiary (CSP) Canon City, Colorado — Designed the perimeter security systems including the non -lethal electric fence, microwave detection, dosed circuit television, digital video recording, camera poles, electrical raceways, fiber optic cabling, iP networking, surge suppression and uninterruptibie power systems. Denver Complex: Denver Reception and Diagnostic Center (DRDC) and Denver Woman's Correctional Facility (DWCF) — Designed the Non -Lethal Electric Fence, microwave detection, perimeter detection, infrastructure and controlled movement systems. Fremont Correction Facility, Canon City, Colorado - Designed the phased Installation of perimeter security systems Including, but not limited to, selective demolition, concrete sidewalks and fence/pole bases, chain -link fencing, non -lethal electric fence, microwave detection, CCTV system Integration, electrical raceways fiber optic communications, networking equipment and cabling. Also designed the door control replacement for Cell Houses 2, 3, and 4. Project Included phased Installation of a new door control system Including PLC -based system integration between locking mechanisms, intercoms, lighting, and mechanical systems, communication Interface at Master Control and Cell House Control stations, and associated electrical and communication systems. 17 as s-- IvI=c Designed the security systems for the support services building for the medium security facility, recently consolidated Into one complex, from two separate correctional facilities. Project consisted of surveys and facility audits of all existing buildings and a master plan for the construction of future improvements to support projected inmate population growth. Designed the door control, intercom, paging, lighting control, utility control, video surveillance, UPS, and MATV systems for the facility additions and renovations. Buena Vista Correctional Complex, Buena Vista, Colorado — Designed the phased installation of perimeter security systems Including selective demolition, concrete sidewalks and fence/pole bases, chain -link fencing, non -lethal electric fence, microwave detection, closed circuit television, digital video recording, camera poles, electrical raceways, fiber optic cabling, networking, surge suppression and uninterruptibte power systems. City of Grand Junction 811/Public Safety Facility Grand Junction, Colorado - Provided Electronic Security Design, as well as, Detention Hardware oversight and coordination for the new 911/Public Safety facility. Systems designed include access control, closed circuit television, digital video recording, Intercom, dedicated Intercom, interview room recording, paging, duress, elevator control, fire alarm Interface and UPS systems. Gunnison County Jail Gunnison, Colorado - Provided Electronic Security and Telecommunication Design, as welt as, Detention Hardware oversight and coordination for the new Gunnison County Jail Project. Systems designed include door control, touch screen consoles, closed circuit television, digital video recording, intercom, paging, duress, video visitation, telecommunication and cable television systems. Denver Metro Wastewater Reclamation District, Security Consulting Services, Denver, Colorado - Provided security system consulting and design services in conjunction with the design and construction of the secondary vehicle and pedestrian access way into the District's facilities. Design considered: emergency notification system; existing security systems including perimeter fencing; pedestrian access and bike path use; area lighting; network, communication, and power; Increased traffic and coordination with ongoing construction projects; video analytic perimeter Intrusion detection system; fence mounted perimeter detection system; closed circuit television system; card access system ; and integrated detection, alarm and assessment graphical user interface. Auraria Higher Education Parking Garage, Denver, Colorado - Designed the CCTV surveillance, digital recording and biometric systems. Fort Carson, Colorado Springs, Colorado - Designed the security systems for six vehicle access control points onto the fort. Designed the: Radio Frequency Identification / Vehicle Registration Tag reader system, surveillance and monitoring system, duress system, and access control system. Denver County Jail Building 21 Addition and Remodel, Denver, Colorado - Designed the door control, intercom, paging, CCTV and music distribution systems. Republic Plaza, Denver, Colorado - Designed a new central operations and command center for the Republic Plaza and World Trade Center high rise buildings. Designed the central operations command center to monitor and control the closed circuit television, digital video recording, central operations network, card access, building automation, fire alarm, elevator control, telephone, radio communications, entry control, key control and biometric identification systems. Aurora Municipal Justice Center, Aurora, Colorado - Designed the door control, card access, CCTV, MATV, Intercom, paging, sound monitoring, visitor phone, courtroom sound, bailiff call, jury call, judge alert, personal duress and lighting control systems for the courthouse and jail. (Designed and installed the systems originally in January 1990. Designed and installed a renovation to the systems In the Jail, In May 1993. Designed the latest renovation to the systems and observed the Installation by others, in August 2005) 1s (5CmL o s o u r i L y 4. The final commissioning stage is a very detailed matrix style commissioning of the SEC software. It Is during this stage that we are beyond testing whether devices work, but focus instead on Items such as: Do all devices work as intended from all control points? Do all safety shut -downs work properly? Is there any new user input adjustment needed? It is in this final commissioning stage that we are also working with the design team and owner for a very in depth check of all life -safety requirements. CML has found that wrapping up a project with this four staged commissioning plan ensures that we are always on pace or ahead of schedule. Commissioning for security electronics controls is a detailed and time-consuming process, but it is a necessary function on every project and we have turned the process Into a positive management tool used to drive every project to success. E. CONSTRUCTION METHODS: Indicate which elements of work or other services your firm is capable of performing with its own forces. Please note Weld County reserves the authority and right to require the Design Build Contractor to bid self -performed work in competition with available qualified subcontractors. CML Security is planning on designing, manufacturing and installing the entire scope of work with our own teams. We have the engineering, programming and installation crews qualified and available for your project as well as the availability of Dave Campbell to assist with design as needed. We are proud to have a deep bench of talented team members that we can pull from at any time during this project. (Lit Socuiily 1400 Young (onil, Unit I I file, (0 80516 I www.codsecurity.us 13 i I I I I I I I I I 1 I I 1 I I v I I ' I I I I f ► _ ► ► I t 1 r r r � ► I ► r 8 I ► i � t r ► 1 t 1 1 1 i i 1 .. ... ----------------- t ► ! E 1 1 t 1 1 r H f ci I t 1 1 I r r l► ► f t 1 II I r 1 t 1 1 I f iI'i �y � � 1 I yx��r 1 1 2� 1 t 1 I t ► � t i 1 i 1 ► t 1 r ► 1 � I 1 i I 1 ► I r r I I r r a ► 1 I r I r vI 1 1 t 1 ° Epp N ► a. t t ► t t I► C °� I �^ I a. I 1 O6 i w I 61 I � v •g E I a • O 1 Q ' I stt O V N ► sd( 1 C E O E .O p O rs N v a.si I l� I tL F I d R� I I t I - --- IVI=C Maximum Security Engineering Company Overview Maximum Security Engineering (MSE) Is a company focused on providing the industry with the highest level of quality Electronic Security Systems Engineering available. MSE brings decades of experience in a wide range of security engineering and design for a variety of facility types. We are focused on our Client's needs and the engineering and design necessary to accommodate those needs. We have a structured approach of maintaining a consistent pace on a clearly developed path to meet the milestones of our projects and the goals of our clients. Our focus Is to design and oversee the installation of electronic security systems as thoroughly as possible and to achieve the most value for the cost expended. Our overall project management philosophy and approach encompass several elements key to project success Including: • Partnering: A structured approach by engaging the Client/User/Design Build Partner in all aspects of the design and construction and promoting a teaming and interactive decision - making process. This Includes setting an on -going project teaming approach to security system integration, installation and programming. • Communication: Meeting with the project team to help all parties involved emphasize project commitments and establish clear lines of communication to be used throughout the project. • Project Management: Balancing cost, schedule and performance is the prime objective of managing our projects. We know, understand and apply the fundamentals of project management to each project. We continually monitor, assess and report on the status of these attributes insuring a successful project. • Quality Assurance/Quality Control: MSE instills a mindset of continuous improvement by using quality standards and procedures. This begins at the earliest stages and continues throughout the project by providing proper communication and the focus necessary to exceed project goals and expectations. MSE's experience in the fundamentals of how a secure facility operates, gives us a thorough understanding of the requirements and regulations that are unique to each of our very specialized projects. Our expertise encompasses new construction as well as complex additions and renovations, many of which have included maintaining the operation of a secure facility during renovation and working within secure perimeters. 15 rs - aa- — /VI=C Federal Reserve Bank, Denver, Colorado - Provided a security systems analysis, threat assessment, and recommendations for Improvement. U.S. Postal Service, General Mail Facility & Bulk Mail Facility, Denver, Colorado - Designed the card access, vehicle access and video surveillance systems. La Plata County Detention Center, Durango, Colorado - Performed a facility study and evaluation for the 88 -bed facility. Provided preliminary evaluations and recommendations with accompanying cost estimates for the facility upgrades. Provided a comprehensive cost/benefit report evaluating upgrades to the existing facility. Designed the door control system renovation. Sunstrand Fluid Handling, Arvada, Colorado - Designed the Closed Circuit Television Surveillance system and the perimeter alarm system. Pueblo Youth Correctional Facility, Pueblo, Colorado - Designed the door control, monitoring, Intercom, paging and utility controls. Gilliam Youth Correctional Facility: Denver, Colorado - Designed the door control, monitoring, intercom, paging and utility controls. El Paso County Youth Correctional Facility, Colorado Springs, Colorado - Designed the door control, monitoring, intercom, paging and utility controls. Boulder County Youth Correctional Facility, Boulder, Colorado -Designed the door control, monitoring, Intercom, paging and utility controls. Colorado Women's Correctional Facility, Cation City, Colorado - Designed the door control system renovation and addition. Immigration and Naturalization Service Detention Center, Aurora, Colorado - Designed the door control and monitoring systems. Arapahoe County Justice Center, Jail and Courthouse, Littleton, Colorado - Designed the Intercom, paging, sound monitoring, visitor phone, courtroom sound, bailiff call, Jury call, Judge alert, duress and nurse call systems. t9 (I,bcmL e our i b y Keith Thoene President / Owner Professional History Relevant Experience CML Security, LLC, Erie, CO November 2012 to Present President / Owner Sierra Detention Systems, Brighton, CO April 2001 to October 2012 Chief of Operations / Owner Hensel Phelps Construction Company, Greely CO May 1998 to June 2001 Field Engineer Project Experience + 17 Years' Experience v 280 Corrections Projects + 150 Design -Build Projects 25 Projects over $5M + Over 230 projects completed that represent over $250,000,000 in revenue. + Over 100+ were security electronic projects that represent over $100,000,000 in revenue. i• Largest project completed was Denver County Justice, CO of $26,000,000. + Managed operation personnel of 250 individuals. + Working knowledge of total security electronic integration that includes but not limited to: access control, closed circuit television, network video recording, audio monitoring, video visitation, video analytics, Intercom, paging, door control, fixed and personal duress alarm, unlnterruptible power supply, biometric identification, utility control, lighting control, license plate recognition, under vehicle surveillance, perimeter detection, microwave detection, electrified fences, intrusion detection, watch tour, inmate tracking, control room design, graphic control panel, touchscreen and programmable logic controllers. Education University of Nebraska, Lincoln, NE Graduated: 1999 BS Construction Management 400 Young Court, Unit I I Erie, CO $0516 ( 720 466 3650 I www.cmisecucily.us 20 (%tmL .sour it. Mike Rypkema Vice President - Operations Professional History . CML Security, LLC, Erie, CO November 2013 to Present Vice President of Operations Sierra Detention Systems, Brighton, CO January 2004 to December 2012 Project Manager to Operations Manager Relevant Experience -i 17 Years' Experience .1 75 Corrections Projects •i- 30 Design -Build Projects .1 15 Projects over $5M Colorado 140th Fighter Wing / North Dakota 119th Fighter Wing Air National Guard January 2001 to January 2006 Vehicle Controls Liaison North Dakota Army National Guard, 140th Regiment, Fargo, ND January 1998 to January 2001 Heavy Equipment operator/ Combat Engineer Education University of Phoenix Graduated: August 2013 Master of Business Administration — Major Minnesota State University, Moorhead Graduated: December 2003 BS Construction — Major BS Business Management — Minor North Dakota State College of Science Graduated: May 2001 Associates Degree In Architectural Drafting and Estimating 400 Young (our I, Unit i I fib, (0 10516 1720 466 3650 I www.emis.turity.us 21 ZmL -- • e o u r t t. U Chris White Vice President of Design Services Professional History CML Security, LLC, Erie, CO November 2O12 to Present Vice President of Security Electronics Sierra Detention Systems April 2OO3 to May 2O12 Director of Security Electronics Relevant Experience -1 2O Years' Experience r 1OO Corrections Projects -F 6O Design -Build Projects 1 17 Projects over $5M Project Experience + Over 1OO projects of security electronics that were Integrated systems. i Assisted to take backlog of the security electronics division from low millions to over $48,OOO,OOO. + Coordinated multiple projects simultaneously that Involved total security electronics integration. + Management and design of detention system design/integration Including but not limited to: o Door Control o Facility Subsystem Electrical Control o HMI Systems o Communication Systems o System Technical Support o Electrical Drawing and Design o CCTV o Network Infrastructure o Programming of all Listed Systems + PLC Programming by Multiple Providers + SCADA, HMIJMMI Systems Integration + Multi -Axis Motion Control Programming/Integration + Ethernet, DeviceNet, RS -232, RS -422 Communications + Electrical Documentation using AutoCAD LT and VIA WD + A -D and D -A Conversion/Scaling + C++ Programming and PC Control Experience + Discrete I/O, Bar Code Readers, Encoders, VFD's, Temperature Controllers, and High Speed Counters + Electrical Panel Design, Construction and Documentation Training + Harding Factory training i Omron Factory Training + Networking/IP trainings i DSX Factory Training (Access control) + Indusoft Certification + Various Bosch Trainings on camera + AutoCAD Electrical Training + Isonas Certification -t Rockwell Training 400 Young Court, Unit i I Erie, CO 80516 1 720 466 3650 j www.cmisecurity.us 22 (5mL s• o u r i t y Cory Solberg General Superinfendent Professional History CML Security, LLC, Erie, CO March 2013 to Present General Superintendent Sierra Detention Systems, Brighton, CO August 2006 to February 2013 Field Superintendent Project Experience Relevant Experience + 15 Years' Experience + 20+ Corrections Projects + 6 Projects over $5M + 10+ Design -Build Projects Installation / Integration of Security Electronics systems including but not limited to: + Door Control + CCTV + HMI Systems + System technical support + Card Access + Duress + Inventory Control + Communications Systems + Facility subsystem electrical control + Electrical drawing & design Job Experience + Pueblo County Jail + Denver County + Denver Rec & Diagnostic Center + Adams County Jail + LaPlata County Jail Education & Certifications + Rout County Jail + GEO Aurora + Weld County Detention Center + City of Littleton + Grand County + University of Wyoming: Graduated 2001 + Bosch ReadyKey Pro Certification + Bosch Analog CCTV Systems + Harding Instruments Intercom Systems + Southwest Microwave MircoNet, MicroTrack, Microwave Systems 400 Young Court, Unit I j Erie, CO $0516 1 720 6661650 l www.cmisecurity.us 23 I5�rL e e c u r i .y Mike Powell Vice President of Systems Support Professional History CML Security, LLC, Erie, CO January 2017 —Present Vice President of Systems Support October 2014 to 2016 Senior Project Manager / Director of Design Services Security Design, Inc., d.b.a. EO Integrated Systems Inc. 2005 to 2014 Vice President, Operations Rampart Systems, LLC 1992 to 2005 Owner ESS / ORON / Media Link Companies 1985 to 1992 Project Manager Education US Army Technical Training Chemical, Biological, Nuclear Weapons Warfare Instructor Systems Experience Relevant Experience + 30+ Years' Experience 100+ Corrections Projects 5 Design -Build jobs over $1M .r 12 projects over $5M + Graphic Link Advanced - Application Programming and System Design training + Omron CX Programmer Training + Rockwell Software RSLogix & RSView Training t Modicon/SquareD Concept software Training + Invensys Wonderware HMI software Training r Indusoft HMI Training. (Held CSI license for company) + ExacqVislon Network Video Software Training + Genetec Network Video Software Training + Hirsch Access Control experience + Honeywell Nexwatch Access Control experience + Vicon Analog and Digital Video Systems experience + Bosch Analog and Digital Video Systems experience + Harding DXL Digital Intercom experience 400 Young Court, Unit 1 I Erie, CO 10516 1 720 466 3650 ( www.cmisecurity.us 24 ML ��y •• o u r i� y Lakshan Pathirane SEC Division Manager Professional History Relevant Experience CML Security, LLC, Erie, CO December 2016 — Present SEC Division Manager 2013 to December 2016 Project Manager + 4 Years' Experience + 20+ Corrections Projects As SEC Division Manager, Lakshan is responsible for managing personnel, SEC project coordination, standards development and other resources within the projects allotted budget and schedule. He works closely with the Vice President of Operations and all other members of his project team to ensure that the project scope and direction Is on schedule and budget. Chris Hawley Architects, Fargo, ND June 2011 to May 2013 Design Assistant / Project Engineer • Assist Designing High -end Custom Build Homes • Planed and helped with project schedules. • In charge of material procurement for multiple project at a time Vintek Construction, Sri Lanka January 2OO5 — December 2006 Owner / Managing Director • Estimated and bid multiple projects • Manage crew of 50+ at multiple locations • Manage all financials Project Experience + Managing Installation/Integration of Detention Equipment and Security Electronics Systems including but not limited to: + Door Control + Trussbilt Ceiling Systems + CCTV/MATV + SouthernFolger Locking Systems + Communications Systems + Global Glazing + Trussbilt Security Hollow Metal + Detention Accessories + Project Management and Engineering coordination with other trades + Project Manager on two Design -Build projects of significant size and complexity, $6+Million and $25+Million + Planned, organized and managed all aspects of several correctional projects simultaneously Education North Dakota State University Graduated: 2011 North Dakota State College of Science Graduated: 2013 410 Young Court, UnU I I Erie, CO 10511 17204003650 ( www.rmiskurfr.us 25 6fliLy Tommy Thoene Project Executive Professional History CML Security, LLC, Erie, CO February 2013 to Present Project Executive Sierra Detention Systems, Brighton, CO February 2012 to February 2013 Senior Project Manager December 2009 to February 2012 Project Manager December 2008 to December 2009 Project Engineer December 2007 to December 2008 Security Electronics and Field Technician Vogt Construction, Elmwood, NE February 2003 to December 2007 Site Foreman Relevant Experience i 13 Years' Experience 20+ Corrections Projects •E. 2 Design -Build Projects 1 3 Projects over $5M Project Experience + Installation/Integration of Security Electronics Systems including but not limited to: o Door Control o Facility Subsystem Electrical Control o HMI Systems o Communications Systems o System Technical Support o Electrical Drawing and Design o CCTV o Trussbilt Security Hollow Metal and Ceiling Systems o Southern Folger Locking Systems .i, Project Management and Engineering Skills in Implementation t Project Manager on two Design -Build projects of significant size and complexity, $16+Million and $29+M₹Ilion Education University of Nebraska Graduated: 2002 Wayne State College Graduated: 1997 400 Young (our[, Unit I I Erie, (0 S0516 1 120 466 3650 l www.cmisecurity.us 26 acmL v . o u r i L y Brett Noecker Preconstruction Director Professional History CML Security, LLC, Erie, CO 2013 to Present Preconstruction Director As the Preconstruction Director, Brett Is responsible for overseeing the Initial setup, design and structure of a project. Including, but not limited to the duties related to Project Management, Design Management and Engineering. Brett's role Includes maintaining the client's desire through the bridging documentation process to ensure a clean development of construction documentation, both within the project criteria and budget. Brett's goal with each and every project is to provide the path for which an operational team can execute the project successfully. Sierra Detention Systems Project Manager 2005-2013 Education (and or Certifications / Training) Relevant Experience + 3 Years' Experience + 10+ Corrections Projects • 1998-2001 Southeast Community College, Lincoln Nebraska, Small Business Management • Certified Detention Equipment Management Program (SFDEC) • OSHO 10 Certified • OSHO 30 Certified 400 Young Couit, Unil 1 I File, C0 $0516 172046636501 www.tmhoturity.us 27 ' s e c u r i t 41 Jon Masdin Project Engineer Professional History CML Security, LLC, Erie, CO November 2014 to Present Project Engineer As a Project Engineer, Jon is involved throughout the entire project. He Is responsible for creating and maintaining project documents, including technical drawings and schedules; all product ordering, budget tracking, and resource allocation. Jon also ensures that all work done during the manufacture of individual system components Into a complete Integrated system meets the company's highest standards. Jon follows the system all the way through to installation, offering technical support during the Installation of the project at Its permanent location. Sierra Detention Systems, Brighton, CO August 2013 to October 2014 Project Engineer II March 2010 to August 2013 Project Engineer I March 2009 to March 2010 CAD Technician Easter Owens Electric Co., Arvada, CO October 2006 to December 2008 Mechanical Designer Education Metropolitan State College of Denver, Denver, CO Related Course Work: + AutoCAD 2000-2013 + AutoCAD Inventor 2008-2009 + ProE2004 2004 + Principles of Quality Assurance Relevant Experience + 10 Years' Experience r 20+ Corrections Projects 1 5 Projects over $5M + 10+ Design -Build Projects 400 Young (owl, Unit I 1 Erie, CO 80516 1 120 466 3610 I www.cndsacurlly.us 28 (5cmL sourr i L y Kelley Slentz Senior Project Meno9er Professional History CML Security, LLC, Erie, CO August 2014 to Present Senior Project Manager Sierra Detention Systems, Brighton, CO August 2013 to August 2014 Project Manager Choke City Electric November 2011 to August 2013 Lead Estimator and Project Manager December 2010 to November 2011 Consultant and Contract Services Interstates Construction Services February 2007 to November 2010 Electrical Project Manager Kelly Slentz Electric, Inc. 1996 to December 2006 President Montcalm Community College 1993 to June 2003 Adjunct Professor Education Relevant Experience + 24 Years' Construction Experience + 30+ Corrections projects Ohio Institute of Technology Advanced circuit training Microsoft Office Suite Advanced training in Word, Excel, Powerpoint National Electrical Code - Annual Training Red Cross CPR and Basic First Aid - semi-annual training AT&T - Advanced network awareness training 400 Young (suit, Unit I I Erie, (0 $0516 1720 466 8650 I www.cmisecurity.us 29 tf M L_ s e o u r i L y Justin Cogswell Warranty + Maintenance Lead Technician Professional History CML Security, LLC, Erie, CO 2015 — Present Warranty + Maintenance Lead Technician As lead technician for CML, Justin is responsible for troubleshooting, repair, maintenance, and service of security electronic systems. Security Istall Solutiions 2014-2015 Lead technician Climatec 2012 - 2014 Lead Technician ASSI Arizona Project Manager Certifications t Lenel + Softwarehouse + Southwest Microwave + Bosch BVMS + Brivo t- Hirsch Relevant Experience + 13 Years' Experience +- 10+ Corrections Projects 400 Young Court, Unit I I Fie, (0 80516 1 720 466 3650 1 www.untsscurIty.us 30 %cmL s e cur I t y Nicholas Howell Programmer Professional History Relevant Experience CML Security, LLC, Erie, CO January 2015 to Present t 32 Years' Experience Programmer + 100+ Corrections Projects + Multiple Projects over $1M As a Programmer, Nick is Involved throughout the entire project. He Is responsible for the software code require to Integrate many diverse systems. Nick also ensures that all work done during the manufacture of Individual system components into a complete integrated system Is factory tested and meets the company's highest standards. Nick follows the system all the way through to Installation, offering technkal support during the Installation of the project at Its permanent location. Place of Employment June 2012 to January 2015 Independent Contractor— South Park HMI Place of Employment March 2005 to June 2012 Project Engineer/Programmer — EO Integrated Systems Place of Employment January 2001 to March 2005 Field Engineer — Rampart Systems Education Associate of Applied Sciences — Electronics Seattle, WA 400 Young (curl, Unit I I Erie, CO $0516 j 721466 3650 I www.cmisowrity.us 31 March 2, 2017 Weld County RE: CML Security, LLC To whom it may concern: I am pleased to provide the following letter of reference for CML Security, LLC. They are a current client of Vectra Bank in good standing. The relationship was founded In 2016 and since that time they have handled all accounts and loans as agreed. As of the date of this letter the Bank has extended credit commitments to the company in an aggregate amount that totals the low to mid seven figures. They currently have a $1,500,000 revolving line of credit with $1,500,000 available. in addition, they maintain deposit accounts with average balances of low to mid seven figures. If you have any questions please do not hesitate to give me a call at 720-947-8439. Sincerely, &I-4 4zz Courtne Harless Commercial Banking, Vice President 32 ��-.rR /` �' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDWYYYY) 2/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the csrtiflcit holder is an ADDITIONAL INSURED, the polloy(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Iitu of such endorsements . PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CT Mary Cole, CXC . (970)356-0123 ts70)338-1447 RMUC*1*41floodpaterson. com 'INSURER($) AFFORDING COVERAGE NAtC S ItA:Zurich American insurance CoNpany 16535 INSURED CWt. Security, LLC 400 Young Court Unit 1 Erie CO 80516 INSURER a imeri an Guarantee and LLaIility 26247 INSURER C: R MftD: ER E: RER F : Cr]VFRAf.FN CFRTW+ICATF= NUMnHCK 14L S'4 AiA QA -7D KL-VINI<It1N MUNMt r -K: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUNSER LIMITS A X COMMERCIAL GENERAL LIABILITY C1AiiI5-LtADE a] OCCUR GLA5$48644-03 3/1/2017 3/1/2015 EACH OCCURRENCE 1,000,000 $ 300.000 MEDEXP Aiyone anon $ 5.000 PERSONAL& ADV INJURY $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER: POLICY Q JEG'T LOC OENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGO $ 2,000.000 Stopas9-WY $ 1,000,000 A AUTOMOBILELIA5ILOY X ANYALtrO ALLOVRIED fl SCHEDULED AUTOS X HEREO AUTOS x EO GLAS94&644-03 3/1/2017 3/1/201$ 6 2,000,000 BODILY INJURY(Parpenon) $ EOOILYINJURY(Persoddent) $ S ed3 I a nts $ 5,000 X UMBRELLA LIAR EXCE$$ LIAM X OCCUR I CLAUS -MADE AUC594962903 3/1/2017 3/1/201$ EACH OCCURRENCE $ 3 • 000,000 AGGREGATE $ 5.000.000 X A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIIroR. RTNER/EXECUTIVE Yi F EXCLUDED? I..!! E `Ie$pAsseder NIA NC$94$64604 3/1/2017 3/1/201$ x S7TATU-- E.L. EACH ACCIDENT $ 1,000 000 E.L. DISEASE • EA E11PI S l 0 0 000 E.L. DISEASE. POUCY UNiT A A Electronla Data Liability Washington Stop Gap Liab. GLA394$644-03 GLA594$I44-03 3/1/2017 3/1/2017 3/1/201$ 3/1/201$ LkM 1,000,000 IJar't 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 161. Addillonal Remarks Schedule, ev,ay be attached Y mere spat* Is required) FOR YOUR INFORMATION ONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE INS Morgan, CLCS, CISR/ LCItt�-/i'tONBits.. 0 1908.2014 ACORD CORPORATION. All rights reserved. ACORD 23 (2014101) The ACORD name and logo are registered marks of ACORD 33 I NS025 r, nemi Flood and Peterson March 2, 2017 Weld County Purchasing Department 1150O Street, Room #107 Greeley, CO 80631 RE: CML Security, LLC Jail Electronic Controls -Design Build — RFP Bid No. B 1700060 To Whom It May Concern: The purpose of this letter is to advise you of our experience with CML Security, LLC. Flood and Peterson, located at P.O. Box 578; Greeley, Colorado, serves as Bonding Agent for CML Security. Bonds issued on behalf of CML Security are issued through Great American Insurance Company (rated A+, XIII by AM Best Company-NAIC #16691) as listed on the most current Federal Register as acceptable for Federal Bonds. CML Security, LLC has a surety credit line with Great American Insurance Company which authorizes them to bid contracts with performance and payment bond obligations. Great American Insurance Company has not established a set limit; however, we normally work with a bonding program in the range of $25,000,000 per project with an aggregate limit of $75,000,000. Our willingness to provide surety credit is subject to standard underwriting including a review of acceptable bond forms, contract terms, and other underwriting considerations at the time of the request. It is understood, of course, that any arrangement for bonds is a matter between CML Security, LLC and ourselves and we assume no liability to third parties or to you if for any reason we do not execute said bonds. If you have any questions or need additional information regarding the surety program of CML Security, please feet free to contact either Eric Schmalz at Great American at (303) 601-7379 or me at (970) 506-3272. Sincerely, UJ1ftL `�,.� K'Anne E. Vogel, AFSB, Attorney-i -Fact Great American Insurance Company Denver Fort Collins Greeley 2000 S. Colorado Blvd, 1.4000 4821 Wheaton Drive 4687 W 18th Street Denver, CO 80222 Fort Collins, CO 80525 Greeley, CO 80634 (720) 977.7110 (970) 266.8710 (970) 356.0123 34 II u U4 L. •1 I I i a (1EmL a a o u r l t. y CML Security - All Time SEC Design Assist or Design Build Projects Project Name City State Project Type SEC Value Description Status tuna county SEC Deming NM fail - Addition 51,000.000 Addition to County lam In progress Metro Davidson Nashville TN Jail - New $3,410,267 Replacement of old County Jail in progress r .Markopa T11rR Facility Phoenix A2 Jam -Addition $41110,000 Addition to overall campus -wide fadlity in progress Grand County Jail Moab UT )all - Retrofit $250,000 Renovation of existing security electronics In progress Rio ConsumnesSEC Retro Sacramento CA Jail- Retrofit $431,000 Renovation of existing securrityelectronics complete imperial County Jail El Centro CA Jam - New $1335,000 Addition to overall campus -wide facility In progress 'ChurchlllCountyiii falbn; NV Jail-NeW S450,000 New County Jai security electronics system in progress ShelbyCCARatro Shelby MT Jail -Retrofit $393,000 Renovation of existing security electronics complete ,Broomfeld Police Station Broomfield CO Salt Retrofit $391,000 Renovation of existing security electronics complete Denier YSCSEC Durango CO Jall- Retrofit $2.11,000 Renovation of existing securityefectronks complete SkagwayCorrettlonai Skagway AX Prison • Addition $235,000 Addition to a State facility complete Gunnison 192 West Wing Gunnison UT Prison -Addition $1,900,000 Addition to overall campus -wide facility complete Kern CountyJap Bakersfield CA Jail New $6,O77,500 New County lam security electronics system in progress Wyoming Boys New School Worland WY Other $345,000 Renovation of existing security electronics complete Wyoming Boys School CCTV Worland WY Prison Retrofit $635,000 Renovation ofexi;Nngsecurity electronlcs complete tafarrille County, WY Cheyenne WY Jail -Retrofit $374,000 Renovation of existing security electronics complete Lemon Creek Juneau AK Prison Retrofit $540000 Renovation of existing security electronics complete Elko County, NV Elko NV Jan -Addition $355,000 Addition to County J20 complete !fU Donovan Prison Otay Mesa CA . Prison "=: New $7,500.000 New State Prison security electronics system complete Dona Ana County Las Cruces NM Jai) - Retrofit $34,000 Renovation of County Jail existing securityeleclronics complete ,Wyoming Boys School Worland WY Sail Retrofit 595,000 Renovation of existing security electronics complete CCA Cal City Phase I Cal City CA Prison- Retrofit $1,350,000 Renovation of existing security electronics complete %ldeiantoWest Expansion -OED Adelanto CA Prison Addition $1,250000 Addition to overall campus wide facility complete Latimer County ASU Ft. Collins CO Jell - Retrofit $65,000 Renovation of existing security electronics complete AF00P - Fort Worth Ft Worth Tx Prison-Retront $13,,000 Renovation of exsting security electronics complete FBOP-Houston Houston TX Prison - Retrant $144,800 Renovation of existing security electronics complete iYfklmaCounty Jail Yakima„ WA Jail Retrofit $1,O50,000 Renovation of existing securityelecuonks complete Laramie County, WY Cheyenne bVY Jail - Retrofit $150,000 Renovation of existing security electronics complete San Mateo Jill Phase I Redwood City CA Jail - New $3.200.000 New County Jail security electronics system complete San Mateo Jail Phase II Redwood City CA Jail - New $2,100,000 New County Jail security electronics system complete iMagulre CorreUlanal Facility Redwood City CA Jolt a $5,800 000 Renovation of existing security electronics complete Lookout Mountain Youth Golden CO Prison Retrofit $1,70000 Renovation of campus -vide existing security electronics complete 1CHMCF Retrofit Los tunas NM Pion=RNrORt $200000 Renovation of existing security electronics complete GEONWDetention Addition Tacoma WA Prison -Addition 575,000 Dayroam, control renovation complete ,Mass CountySherifrs Department Grand Junction Co : Jill •Addition $188,000 Video visitation units complete Sandoval County Jail Albuquerque NM Jell • Retrofit • $450,000 Renovation of existing security electronics complete 'Gunnison Electronics Renovation Gunnison UT Prisal <t $437,700 Renovation of existing security electronics complete 36 1k [T i ,y R s e 8 ti t ff 1t x A R R II # I; 2 II "� w . �.. I....[.I 1 I! _ ie F S 1 A SCOPE OF WORK AND SPECIFICATIONS WELD COUNTY JAIL ELECTRONIC CONTROLS DESIGN -BUILD BID 2110 O -STREET, GREELEY CO 80631 Public Notice Is hereby given that Weld County, Colorado, hereinafter referred to as the "County" will receive sealed bids to perform a Jail Electronic Controls Upgrade at the Weld County Jail Complex. This facility Is fbcated at 21100 Street, Greeley Colorado 80631. The purpose of this RFP Is to obtain statements of qualifications and to solicit fee proposals from firms who wish to provide the services requested in this RFP. The County desires to retain a Design Build Team to perform design, construction and construction management services for all phases of the work consisting of improvements including, without limitation, the following work: • Design Services • Jag Controls Construction • Construction Management OVERVIEW The Weld County Jag Complex is located at 2110 0 -Street, Greeley, CO, consists of one building that was built In three phases. The Jag's electronic controls system Is original and has received only minor adjustments as each phase was added. Weld County Is anticipating a full replacement of the Jail's electronic controls systems with the intent of brining all three phase to a level of consistency and current with recent advances in technology. Weld County anticipates a complete package be designed and built with the exception of reusing the current door locks and Intercoms. SPECIFICATIONS ANDIOR SCOPE OF WORK: The project shag include, but not necessarily be limited to, the following: 1. AN design, engineering, programming, coordination, and project management required. 2. AN testing and commissioning of security electronic equipment will be included. 3. AN coordination drawings, shop drawings, engineering drawings, submittal drawings and other supplemental CAD drawings required to complete scope of work as listed herein. 4. AN handling, staging, and unloading of materials installed within this scope. 5. New system shall replace and refresh all security and CCTV fiber optic cabling Including, but not limited to, cablings (POE), Inner duct, splices, switches, accessories, terminations, and testing. 6. Due to volume of traffic, the new CCTV system should ride on a new and completely separate network from the PLC or Intercom equipment. 7. New system shell control all door access control systems Including, but not limited to, wiring, terminations at electrified doors. 8: Contractor will provide all new security electronics equipment including, but not limited to, computers, servers, racks, consoles, programmable logic controllers (PLC's), uninterruptable power supplies (UPS'*), data logging and reporting systems, customized cabinets, customized countertops, printers, Intercoms, touchscreen control systems, software, licenses, certifications, and customized system programming. 9. Unlnterruptable power supplies (UPS) shall have a run time of 45 minutes. 10. If additional room cooling Is required, contractor shaft Include full Installation within this bid. 11. Contractor is expected to replace the complete security electronics network Including, but not limited to cabling, network hardware, communication cards for all systems, software, equipment, racked assemblies, terminations, and testing. This new network will Incorporate all three phases of the jail and must connect all facility control centers via a fiber network In a redundant (star) configuration. 12. The network and components shall also be developed to allow the additiontexpansion of capabilities for the new 374 bed addition to be built in 2019-2020. BID REQUEST #61700060 Page 9 13. At the rear of jail, roadway vehicle detectors must be replaced Including, but not limited to: saw cutting, wiring, sensors, probes, detectors, processor boards, terminations and Interface with dual height intercoms. 14. Contractor shall maintain current utility system controls, TV, roof monitor system, and elevator controls, including, but not limited to: wiring, terminations at control valves, and terminations at lighting control panels, relays, custom programming, equipment, hardware, software and licenses. 15. Provide one year warranty. One year warranty starts after completion of all installation activities and after substantial completion is agreed upon by owner. 16. It is anticipated all cabling will be upgraded/replaced, new hardware and storage devices, new NMI (touch screen), door power supplies, PLCs etc. Exception: ft is anticipated all actual door locking hardware, Intercom speakers, and Intercom pushbuttons will be reused. 17. System must maintain a 90 -day retention of all video surveillance. 18. Provide three video viewing stations strategically places throughout the facility. Two stations will have the primary purpose for viewing live and stored video feed. One station will require additional equipment to view, download and burn video evidence from live and stored video for the purposes of administrative and criminal proceedings as well as for training purposes. 19. Selected video selections by staff must be able to be downloaded/copied to CD, flash drive, and saved to other electronic storage devices separate from the 90 -day retention components. 20. Provide capability at officers' desk In units 201-211, to view live video feed from air pod cameras located in the respective units 21. Remove old Security Electronics equipment, (PLC's), (Cameras), (Millwork) as new equipment Is tested and properly functioning. In addition, the old graphic panel in Booking shall be removed. 22. Sequence, must allow for new system components to be operational and demonstrate reliability prior to removing old components from service. 23. Contractor must provide training to owner at pre -arranged dates on new systems. 24. Provide six roof top cameras with locations to be determined during the design build. Camera Specifications: 1. The stationary indoor dome camera(s) shall be manufactured by Axis with Model M3045 -V. No substitute permitted. 2. The Pan Tilt Zoom (PTZ) camera(s) shall be manufactured by Axis with Model P5635 -E MKII. No substitute permitted 3. The stationary outdoor dome camera(s) shall be manufactured by Axis with Model P3225-LVE Mk 1I Network Camera Streamlined, outdoor -ready HDTV 1080p fixed dome for any light conditions. No substitute permitted. Master Control Specifications: 1. Operator's desk will be the Winsted Ascend Dual Sit/Stand Control Console for each operator location. It is desired that each master control room be set up with three fully operational work stations. 2. HMI devices will be replaced with a preference for touchscreen controls that as systematically sequences with the operational software application configuration. 3. There will be two master control centers/rooms. Each must be completely independent of each other with their own "back end" system. One will be the primary to run the entire facility. The secondary master control will contain the same capability of the primary and permit full operation should the primary master control become inoperable. 4. Contractor will be responsible for removing ail other master control equipment and desk once the new system Is brought on-line. Floor plans 1. Site floor plan will be provided at the mandatory pre -bid meeting and facility walk through. 2. Bidders will be required to sign for set of floor plans and return the documents at the time of bid submission. BID REQUEST #81700060 Page 10 PRELIMINARY SCHEDULE • Date oi' this RFP February 9, 2017 • Pre -bid conference February 22, 2017 • Proposals Are Due March 8, 2017 • Contract Award Notice March 22, 2017 • Pre-Const. Services Immediately upon notice of award • Commence Construction June 1, 2017 • Substantial Completion November 1, 2017 • Final Completion Projected date of December 1, 2017 The successful Bidder will be required to furnish, as part of the Contract Documents, an Insurance certificate in the amount specified in the Contract Documents, a Performance Bond and Labor & Materials Payment Bond, each In an amount equal to 100% of Its Contract price Including Force Account Items, said bonds to be issued by a responsible corporate surety approved by the Board of County Commissioners and shall guarantee the faithful performance of the Contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the County from claims and damages of any kind caused by the operations of the Contractor. The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality In bids, and to accept the bid that, In the opinion of the Board, is In the best interests of the Board and of the County of Weld, State of Colorado. SCOPE OF SERVICES The intent of this section is to highlight in general terms the nature and scope of the work to be performed. 1. DESIGN SERVICES a. Provide a conceptual design for the project. b. Civil engineering and site planning, as required. c. Prepare submittals to governing agencies for approval. d. Provide a schematic design package. e. Provide a design development package. f. Provide full and complete construction documents. S. Provide construction administration. h. Attend weekly design and construction meetings. I. Prepare building permit submittal, and assist in obtaining the permits. Make Building Department requested revisions. j. Provide an estimate of "reknbursabies" that would be required for this project. k. Provide hourly rates for "additional services." 1. Provide a design schedule m. Include all costs for architectural design services, programming, civil engineering, structural engineering, mechanical engineering, electrical engineering, and an other "consultant" fees in the proposal. The Design Build Team must have demonstrated the ability to perform a project of this scope. As construction documents are completed, the firm will be expected to provide a construction budget Including a Guaranteed Maximum Price rGMP"j. The County believes it Is crucial that the firm be a member of the project team and participates along with the architect and the consultants in the design process. 2. PRE -CONSTRUCTION SERVICES: a. Conceptual Estimate b. Project Development Schedule established that includes the applicable regulatory, agency, outside entity, project team and County activities. Construction Schedule developed which includes all critical design/engineering and construction activities and Identifies delivery Issues. Advise the County of a plan to manage such delivery issues. BID REQUEST #81700080 Page 11 c. Continually review (prepare reports, recommendations, etc.) all design documents In regard to budget, constructabiilty, completeness and coordination. d. Monitor budget and schedule throughout the design phase and advise the County when corrective action Is required related to both design progress and costs. e. Provide value engineering during design studies. f. Evaluate the availability and supply of labor and advise the County of potential impacts. g. Develop proposal request packaging/phasing strategy including outreach program for work by trade contractors. h. Develop procedures for issuing proposal requests and prepare documents/scopes for the County Review. 1. Conduct pre -proposal conferences j. Review, analyze proposals results and recommend award to successful respondent k. Develop management reporting procedures to be used during construction, (costs/schedules, etc.). 1. Establish job site survey controls prior to mobilization. Coordinate surveys, geotechnical investigations and other pre —mobilization activities. m. Provide any other Pre -construction services as may be required by Weld County. n. Contractor will provide programming services during the design phase. The programming and design phase could require extended time with multiple plan revisions 3. CONSTRUCTION PHASE: The Design Build Team will manage and coordinate all construction activities, during this phase the Design Build will provide without limitation, the following services: a. Design Build Team 1) Monitor costs and prepare monthly project cost reports. 2) Quality control. 3) Coordination of all on -site activities including commercial contractors, subcontractors, utility companies and coordination of all work related to, in close proximity to or adjacent to the site which may Impact the work on this project. 4) Vendor drawing administration. 5) Change Order management 6) Preparation of monthly pay application. 7) Preparation and coordination of Infrastructure acceptance submittals. 8) Close out documentation Notice of Final Settlement process. 9) Any other construction services as may be required by Weld County. b. General Condition Services. 1) Complete field staff and support, temporary facilities. 2) Equipment and support not In direct cost. 3) Manage permits held by Owner. 4) Issue and manage agreements for testing and inspection services, surveying, etc. 5) Coordination with utility companies. 6) Support design team. 7) Performance, labor, material & payment bond will be reoulred. PROPOSAL DOCUMENTS Please submit an original and two (2) copies of your proposal signed by a person authorized to bind the party. Please also submit one (0 electronic copy. The proposals shall be organized as outlined below: A. Firm(s) Information: 1) Identify which office (Contact Office) will be responsible for the project. 2) Provide a staffing chart showing proposed organization for this project. 3) Provide a list of proposed firms to be used In design services BID REQUEST #B1700060 Page 12 4) Provide resumes of personnel who will be involved on the project. Weld County reserves the right to interview designated project personnel. 5) No changes In the approved project personnel will be granted unless agreed to by Weld County. 6) Provide a detailed financial statement of the Firm, Including a bank reference and credit available and furnish any other Information that may be required by the County. If Firm does not wish Its financial Information to be a public record, please place In an envelope and label as "Confidential". Failure to do so may result in said financial Information being publicly disclosed. 7) Provide copy of certificate of insurance and limits of public liability under Insurance. 8) Provide any and all Information regarding any lawsuits pending or threatened against, you, your firm or any of the principals or joint ventures. 9) Provide your company's bonding limitations. B. Firm's Experience: 1) Provide a brief summary of like work your firm has undertaken as a Design Build Contractor. Note: Do not use prior projects conducted for Weld County government. 2) List the owner, type of project, address and contact name for references and telephone numbers. 3) Indicate whether your contract was a prime or Involved a joint venture with another firm and whether construction management, general contracting, design build, or a combination or other services were Involved. C. Current Workload: Provide a list of current project commitments by your proposed team and proposed Individuals, Including the status of such projects. Identify the owner's representative, address and phone number for each project. D. Services: 1) Indicate If your firm has provided Design Build projects. 2) In addition to the activities listed under 'Scope of Services", section '2. Construction Phase' above, provide a list of any additional construction management, general condition and/or coordination services you believe will be necessary to successfully complete this project. 3) Define your commissioning plan E. Construction Methods: Indicate which elements of work or other services your firm is capable of performing with its own forces. Please note Weld County reserves the authority and right to require the Design Build Contractor to bid self -performed work In competition with available qualified subcontractors. F. Evaluation Criteria: The following criteria will be used to evaluate the proposal submitted In response to this Request for Proposal: 1) Prior experience of firm and key staff on a similar project. 2) Quality and experience of people assigned to the project — project manager, superintendent, design team, etc. 3) Current workload, organizational depth and ability to deliver the project within the project's timeframe. 4) Demonstrated ability to work with design team providing conceptual estimating, value engineering, constructabll ty, and scheduling services. 5) Best value for the County. 6) Demonstrated ability to construction a project such as this to meet cost, schedule and quality goals. 7) Commissioning plan 8) Describe the warranty period procedures, tracking, response times, etc. 9) Fee proposals and general conditions estimate. BID REQUEST #81700060 - Page 13 G. Fee Proposal: The County anticipates entering into a Guaranteed Maximum Price (GMP) Contract plus a fee. Additional phases of work may be amended to the contract. 1) Identify the Fee your firm proposes to provide Design Build services described In this RFP. The fee Is to be based on cost of work. 2) Provide the general condition costs for the project for the services described In this RFP. 3) Provide a cost for the pre -construction phase services and how you intend to charge for these services. include an estimate of non -personnel expenses In similar format to formulate the estimate of total cost. 4) Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each supervisory/administrative Individual proposed for Involvement in either the pre - construction phase or construction phase of the project. 5) Provide a schedule of current bond premium rates and confirmation of the current bonding capacity of your firm. Complete the fee proposal below for your bid. Assumptions are the contractor's assumptions for completing this job. The fee proposal should be provided in either a percentage of the GMP or a Lump Sum. if you have additional fees _provide attachments detailing those fees, AL A. Bidder Assumptions Construction Budget (including general Estimated GMP conditions, fees, contingency) bonds and Insurance). 2. Construction Duration B. Fee Proposal 1. Pre -Construction 2. Design Fee 3. General Conditions 4. Construction Management Fee 5. Bonds (Attach schedule) 6. Other (describe on additional sheet) Estimated # of Months °!o °fo Or Lump Sum NOTE: Winning contractor will be expected to enter into a standard AIA contract for this design build. BID REQUEST #81700060 Page 14 MAINTENANCE AGREEMENT Weld County Is Interested In Identifying maintenance cost associated with this replacement. While the first year's components and Installation will be under warranty, the County would like to obtain pricing for the second and third year maintenance. Please provide a maintenance proposal detailing what is Included/excluded In a maintenance agreement. In addition, provide the following wage rates: YEAR 1 YEAR 2 YEAR 3 Normal Labor Wage Rate (Hourly) $ $ $ Overtime Labor Wage Rate (Hourly) $ $ $ Price Increase/Adjustment per year % % % Parts Markup Percentage % % % The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all of the conditions, specifications and special provisions set forth In the request for proposal for Request No. #81700060. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she Is authorized to bind the below -named vendor for the amount shown on the accompanying proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality In the proposals, and to accept the proposal that, In the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM C.-tA L c -+.mac-. II . C- BY k X ^ etie- (Please print) BUSINESS ADDRESS yO'/OuNg, Ccuc-'-, Otj.al-'L DATE___________ CITY, STATE, ZIP CODE £cW_, C.O _ 5t( TELEPHONE NO +120- b6 -35O FAX 120"M'3 -1S73 TAX ID # SIGNATURE E-MAIL _ _C+ryc►er t. Ct-t\5�e_s___ _ **THE SUCC UL REtVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98.03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 — 8. BID REQUEST #B1700060 Page 15 u r i t y PREVENTATIVE & CORRECTIVE , MAINTENANCE PROGRAM for WELD COUNTY JAIL 3.08.17 Preface The primary purpose of this preventive and corrective maintenance plan Is to ensure that there Is a very thoughtful and organized approach to the daunting task of maintaining your security electronics and detention equipment. It Is this equipment which is the foundation of all safety and security for your staff and inmates population. As needed, it will be periodically updated to incorporate facility and equipment changes, resource adjustments, and new maintenance technologies. We will endeavor to fully execute this program, thereby enhancing the learning environment by reducing operational disruptions and minimizing long- term Investment in equipment repairs. Table of Contents Maintenance Mission Statement and Maintenance Goals II. Maintenance Organization and Staffing Responsibilities Ill. Maintenance Priorities and Procedures IV. Work Ticket Procedures and Documentation V. Training and Planning CML SECURITY - FACILITY MAINTENANCE PROGRAM I. Maintenance Mission Statement and Maintenance Goals CML will provide a clean, orderly, safe, cost-effective, and instructionally supportive maintenance environment that contributes to the correctional facilities mission statement of providing a safe environment for both the inmates and staff. 2017 Maintenance Goals 1. . To be developed with the owners depending on needs and facility conditions xxxxx Ii. Maintenance Organization and Staffing Responsibilities Maintenance personnel, per the following organization chart: See attached org chart CML SECURITY - FACILITY MAINTENANCE PROGRAM affine Resoonsibili Owners Rep/facilities Manager (County): The Facility Manager will ensure compliance of the maintenance agreement, by CML and will also ensure that the facility Is supporting the maintence activities as required for escorting, shut downs and security concerns. The FM will typically also approve any changes to the maintenance scope of services. Division Manager (CML): Manages the department and all CML maintenance staff and is accountable for all contracts and obligations between CML and our maintenance customers. Project Manager (CML): Serves as the single point of contact for the Facilities Manager for all contract administration activities. Lead Technician (CML): Serves as the onsite manager for all daily maintence activities and technicians. III. Maintenance Priorities and Procedures CML suggests the following priority levels for maintence work; Emergency — eminent life safety threat or operational disruption that could cause the closure of schools. Safety/Security — identified problem that could result in injury If not corrected In a timely manner. (Includes fire marshal identified deficiencies, etc.) Corrective Maintenance — action required in repairing a facility system, equipment Item, or building component that is not functioning properly, or was damaged. Preventive Maintenance — scheduled inspection or routine maintenance tasks that If not completed, could result In premature failure of a facility system or equipment item. (See sections IV and V of this plan.) Support Services— upon request, the maintenance department can assist the facility with special events or additions to the systems. As much advance notice as possible Is requested so that this support can be de -conflicted with other work requirements. RESPONDING TO EMERGENCIES Emergencies are the highest priority source of work. CML Security will consider a work item to be an emergency if the following occur: A. The situation constitutes a serious threat to the life, safety or health of residents or staff; or CML SECURITY - FACILITY MAINTENANCE PROGRAM B. The situation will cause serious damage to the property structure or systems if not repaired within twenty-four (24) hours. If a staff member is unsure whether or not a situation is an emergency, he or she will consult with his or her supervisor. If a supervisor is not available, the employee will use his or her best judgment to make the decision. For emergencies that occur after regular working hours, CML Security shall have a twenty-four (24) emergency response system in place. This response system includes the designation of a maintenance employee in charge for each day as well as a list of qualified pre -approved vendors, open purchase orders for obtaining required supplies or equipment, and access to materials and supplies. The designated employee shall prepare a work order and report on any emergency within twenty-four hours after abatement of the emergency. IV. Work Order Documentation and Procedures CML will have a comprehensive cloud based work ticket and work documentation system that logs all necessary work request Information into a central database, these include items such as location of work, description of work, priority, materials to complete, and hours to perform, remaining life, tech identity, outstanding issues, ect. This information is required for CML to plan as well as evaluate performance. To obtain the greatest effectiveness from the work order system, all work requests and activities performed by maintenance staff must be recorded on our cloud based documentation systems. We accomplish all of this through 4 separate and distinct documents, all shared with the owner: 1. Work Ticket Generation Module 2. Preventative & Corrective Maintenance Log 3. Compliance Log 4. Inventory Log CML SECURITY - FACILITY MAINTENANCE PROGRAM 1. Work Order/Ticket Generation Module The work order system starts with the work ticket generation. Work tickets can be generated by anyone who is authorized through our online portal, screenshot below. W!Vg jCO8VIi SM.► i6, t+l► ! '1r P_lo o w t p 1 Q I WN ; Irrw [let I Uses I DWd Cau sae. 0 Su�wr 1 F"M" 1 #KWMiJi°�i4Q 100 100 00 00 Q >r rtAih4►900SV 100 100 W 00 0 — I OOAMei d 14 0 000 00 00 0 •oD,wQ 14h 100 000 00 0 0 1tw04a I 1 100 100 00 00 0 WaMf+o�■1 OGD tIAMI ' fAot Umimi,0-1 ' 1Q{tIK.W4 0400 000 I lwsctl QOD I P,Otk CM VMM iwdAuad 1�pli CML SECURITY- FACILITY MAINTENANCE PROGRAM 6 2. Preventative & Corrective Maintenance Log The preventative and corrective maintenance log Is a central database where all CML maintenance personnel are required to enter the data created after a preventative or corrective (work order item) has been completed. It serves as a tool to analyze the performance of the maintence project, trending equipment failures, life cycle cost analysis, etc. This log is also cloud based and available to anyone with an internet connection. It serves as a living breathing current snapshot of all maintence activities. �) ® ti• if 3 0 - li r43' ARi.. Hi CsnMi.aR!ir! 4:eta,-6cd f1µ:fCo:S I {.UE t15FAT A FLAYCAR FCIItAAS DATA MS.TN ,TY ( HUM S.SIILtSAtl1 CFW4IL. m � [.iiA __IFI J ... V/• a '.Yn?1a!tAN1d,, L! L ED 1i Fi 1rR iaa7 e S 8 - :.H . �t . b . = +7 ±£ f .`. • : 3... "� ' i? :1, <e•.Fbvd 4-4. W S -s i 1W t. F—i �j t:Wr• k t4 FnSk tM Kf C1+,tau} •. f'-1 A }':'e:t . frrtt• . Yi t1:. Ktrq G..t.t.t n to ,ft' S-1 AMW':Y V } IC 0 F F G II i K t 6! N• •.,...u. o• t I I . 4 I. i >s JNt,`a1,H41.t�}. t AtMC&. I0ri I FIbt6}Irt it , FIbJF Ctxr.Ain ' Q) ! �: �. r. i I • CML SECURITY — FACILITY MAINTENANCE PROGRAM 7 3. Compliance Loa The CML compliance log serves as the primary communication tool between CML and the owner for all outstanding Items to be addressed by either CML or the owner's staff. We endeavor to keep all direction, requests, concerns located in the one central location until they are completely resolved and signed off by all parties in the monthly owner meetings. S e b•• 7 CI ''l a- 1100• Cwy4ncetcj wwM lh.tvse•[.ed G— a x HOW ►CURT PM(IATMJ1 IClJMAS DATA Rt�TN %2W NV1ttAM MTIM12M1 Spain QC� tw • JU -1 A A - M. ri • ►tmrT-41 1 JP ) f AisSum • o ae;..1a rear $ T g . f=' h . j . M N V ef IN C3nY,"ACrin - f - K • h6 fi [wa.a ta..e,1 W N.n dtwe 1tA*.i @ r i • W& R.Ii + 9I 'ri Tp natin�. jet•I. Tr�.N. ♦ t. Cl.n• IA... i�M1• dpf.tesFw 10'1 r. /linat`I r. dolt. r Vly[ C.:[ R•I'M Flel.[w w i C14 JT y CML SECURITY - FACILITY MAINTENANCE PROGRAM 8 4. Inventory Loa The CML inventory log tracks the attic stock/spare parts that are kept on hand for equipment repairs under the maintenance contract. Qj J). HOW_C. —.lcg W tDM IJYitax.•txI 7 :'' - 19 X ® ND1:F Mt1AT FAGFIAITW LCFI.WS DATA F1 Vt MAW EtWtW.1 SSST[F.tSt1R1 a 6' • .CFt<� [0 •f A A �1-°[I _ >/• G: f re�Tnt iPsrter • 1 F. rr ,� tY ! Y b • s -� .s �r�v� hfe.-!v • <r.4t<cq FrN.[ Col Wlrl DfN. Fc • A Stab t�d6 f • % + 9i ri rt—jtAv- Trek. S".- ECka• tA+F.krp. �t.alltti tstar::4 a Fa+t A' -r —t 4 h -i.r R 9io tit fc v CML SECURITY - FACILITY MAINTENANCE PROGRAM 9 V. Training and Long Range Planning In order to allow its employees to perform to the best of their abilities, CML Security recognizes the importance of providing the staff with opportunities to refine technical skills, increase and expand craft skills, and learn new procedures. Each employee must participate in at least 80- 120 hours of training annually. The Director of Maintenance is responsible for developing a training curriculum for the departmental staff and working with personnel department staff to identify the means of delivering the training. LONG RANGE PLANNING CML Security will put in place a long-range maintenance planning capability in order to ensure the most cost-effective use of County resources and the maximum useful life of county equipment. The Director of Maintenance will develop a facility -specific long-range planning process that includes the following components: A. A property maintenance standard for safety and security; B. An estimate of the work required to bring any portion of the facility back to the minimum safety and security standards C. An estimate of the work required to keep the property at the maintenance standard including routine and preventive maintenance workloads and Inspection requirements and; D. An estimate of the on -going cost of operating the facility at the maintenance standard; E. An equipment analysis of the property to determine if there are any capital Improvements needed to make the staff more efficient; F. A cost estimate to provide the specified capital improvements; and G. A revised work plan and cost estimate of maintaining property at the improved standard. CML SECURITY- FACILITY MAINTENANCE PROGRAM 10 Marcia Walters From: Shelby Regimbal <sregimbal@cmlsecurity.us> Sent: Thursday, March 09, 2017 8:20 AM To: bids CG James Ramsey; Keith Thoene; Sarah Grayev Subject JAIL ELECTRONIC CONTROLS -DESIGN BUILD - B1700060 - CML SECURITY PROPOSAL Attachments: CML Financials for Weld County.pdf; 17.03.08 -Weld Final Proposal.pdf Hello, Please see attached proposal and financials for the above mentioned project. A sealed copy will be delivered as well at the Weld County Administrative Building this morning. Thanks, Shelby Regimbal Chief Estimator E: sregimbal)cmisecurity.us ( C: 701-739-3099 I O: 720-466-3650 x 807 u r I . y Exceptional workmanship I Extraordinary service I Professional integrity 400 Young Court I Erie, Colorado 1 80516 1 O: 720.466.3650 Exhibit C Exhibit C Termination. County has the right to terminate this Agreement, with or without cause on thirty (60) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. Fund Availability. Financial obligations of the County payable after the current fiscal year are Exhibit C contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that Exhibit C any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Exhibit C Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. AC oR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 6/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Mary Cole, CIC PHONE (970) 356-0123 Iac No : (970)330-1867 ADDRESS:MCole@floodpeterson.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Zurich American Insurance Company 16535 INSURED CML Security, LLC 400 Young Court Unit 1 Erie CO 80516 INSURER B American Guarantee and Liability 26247 INSURER C: INSURER D: INSURERE: : INSURER F: rnVFRA1FC CFRTIFICATE NIIMRER-CL1721316159 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 �X DAMAGE TO RENTED 300,000 A CLAIMS -MADE OCCUR PREMISES Ea occurrence $ MEDEXP(Anyoneperson) $ 5,000 GLA5948644-03 3/1/2017 3/1/2018 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 PRODUCTS-COMP/OPAGG $ 2,000,000 PRO ❑ LOC POLICY CT JE POTHER: Stop Gap -WY $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1, 000, 000 BODILY INJURY (Per person) $ X ANY AUTO A ALL OWNED SCHEDULED GLA5948644-03 3/1/2017 3/1/2018 BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON -OWNED X HIRED AUTOS x AUTOS Per accident Medical payments $ 5,000 X UMBRELLA LIAB LJ X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE DED X RETENTION 0 $ AUC594862903 3/1/2017 3/1/2018 WORKERS COMPENSATION x PER 0TH - STATUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1, 000, 000 A N❑ OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) N /A WC594864604 3/1/2017 3/1/2018 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below A Electronic Data Liability GLA5948644-03 3/1/2017 3/1/2018 Limit 1,000,000 A Washington Stop Gap Liab. GLA5948644-03 3/1/2017 3/1/2018 Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project name: Weld County Jail Electronic Controls - Design Build Certificate holder is included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named insured. Waiver of subrogation applies. rFPTIFIrATr Idol nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Buildings and Grounds Dept: 1150 O Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Greeley, CO 80631 AUTHORIZED REPRESENTATIVE W Morgan, CLCS, CISR/ () 1988-2014 ACORD CORPORATION. An ngits reserves. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 0 Additional Insured —Automatic — Owners, Lessees Or ZURICH" Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Pre n. GLA 5948644 03 03/01/2017 03/01/2018 29211000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: CML SECURITY, LLC Address (including ZIP Code): 400 YOUNG COURT, UNIT 1 ERIE, CO 80516 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U -GL -1 175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U -GL -1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: GLA 5948644-03 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CML SECURITY, LLC Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 2O48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of I Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'l Prern. Return Prem. GLA594864403 03/01/2017 03/01/2018 29211000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U -GL -925-B CW (12/01) Page 1 of 1 POLICYNUMBER: GLA 5948644-03 COMMERCIAL AUTO CA 04 441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CML SECURITY, LLC Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By Premium $ WC 00 0313 (Ed. 4-84) Approved Pre-Licensure Education Providers for Contractors Updated: 02/23/2017 Associated General Contractors of Utah (AGC) Phone: 801-894-9111 2207 South 1070 West Salt Lake City, UT. 84119 http://www.agc-utah .org Associated General Contractors (AGC) of South Utah Office Phone: 435-628-1346 230 North 1680 East Suite B-1 St. George, Utah 84790 http://www.age-utah.org Salt Lake Office of the Home Builders Association Phone: 801-352-8266 Email: utahhba outlook.com 9069 South 1300 West West Jordan, UT 84088 http://www.utahhomebuildersassociation.com/ Southern Utah Office of the Home Builders Association Phone: 801-352-8266 Email: utahhba�outlook.com 9069 South 1300 West West Jordan, UT 84088 http://www.utahhomebuildersassociation.com/ Cache Valley Office of the Home Builders Association Phone: 801-352-8266 Email: utahhba�outlook.com 9069 South 1300 West West Jordan, UT 84088 http://www.utahhomebuildersassociation.com/ Utah Valley Home Builders Association Phone: 801-225-8893 Email: amber(a.uvhba.com 1443 W 800 N STE 202 Orem, UT 84057 http://www.uvhba.com/ AC ® DATE (MM/DD(YYYY) ; CERTIFICATE OF LIABILITY INSURANCE I 6/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Mary NAME: Mar Cole, CIC PHONE (970) 356-0123 ,No): (970)330-1867 ADMDAREss:MCole@floodpeterson.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Zurich American Insurance Company 16535 INSURED CML Security, LLC 400 Young Court Unit 1 Erie CO 80516 INSURER B American Guarantee and Liability 26247 INSURERC: : INSURER D: INSURER E: : INSURERF: COVERAGES CERTIFICATE NUMBER:CL1721316159 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL S BR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 A CLAIMS -MADE ❑X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence 300,000 $ MED EXP (Any one person) $ 5,000 GLA5948644-03 3/1/2017 3/1/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 POLICY F PE� LOC PRODUCTS - COMP/OPAGG $ 2, 000, 000 Stop Gap -WY $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1, 000, 000 X BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS GLA5948644-03 3/1/2017 3/1/2018 x PROPERTY DAMAGE (Per accident) $ NON -OWNED HIRED AUTOS X AUTOS Medical payments $ 5, 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAR CLAIMS -MADE DED X RETENTION 0 $ AUC594862903 3/1/2017 3/1/2018 WORKERS COMPENSATION x PER 0TH - AND EMPLOYERSLIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ 1 , 000, 000 ANY PROPRIETOR/PARTNER/EXECUTIVE N /A A OFFICER/MEMBER EXCLUDED? N (Mandatoryin NH) WC594864604 3/1/2017 3/1/2018 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 000 A Electronic Data Liability GLA5948644-03 3/1/2017 3/1/2018 Limit 1,000,000 A Washington Stop Gap Liab. GLA5948644-03 3/1/2017 3/1/2018 Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project name: Weld County Jail Electronic Controls - Design Build Certificate holder is included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named insured. Waiver of subrogation applies. CELLATION Weld County Buildings and Grounds Dept. 1150 0 Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W Morgan, CLCS, CISR/ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 0 Additional Insured —Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLA 5948644 03 03/01/2017 03/01/2018 29211000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: CML SECURITY, LLC Address (including ZIP Code): 400 YOUNG COURT, UNIT 1 ERIE, CO 80516 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 1I — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U -GL -1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U -GL -1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: GLA 5948644-03 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CML SECURITY, LLC Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of I Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I Prem. Return Prem. GLA594864403 03/01/2017 03/01/2018 29211000 S INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U -GL -925-B CW (12/01) Page! of 1 POLICY NUMBER: GLA 5948644-03 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CML SECURITY, LLC Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA O4441013 © Insurance Services Office, Inc., 2011 Page 1 of I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By Premium $ WC 00 03 13 (Ed. 4-84) AGREEMENT FOR DESIGN BUILD SERVICES- CML, SECURITY, LLC APPROVED S TO SUBSTANCE: Elect d Official or Department Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: w Cou 0 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 June 19, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Jail Electronic Control — Design Build; Bid #B1700060 As advertised, this bid to perform an upgrade on the controls system at the Weld County Jail. The bid was awarded to the low bidder Sierra Detention Systems. On May 15, 2017, Weld County received notice (Exhibit A) that Sierra Detention was closing its construction division and could not fulfill its contractual obligations. On May 18, 2017, Weld County sent notice of termination of contract (Exhibit B) to Sierra Detentions systems. Although the contract with Sierra Detention Systems ceased, the Jail Electronic Controls upgrade is still needed. The second low bid from KUBL Group did not meet specifications. The third low bidder is CML Security and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to CML Security per their bid as follows: Pre -Construction Design Fee General Conditions Fee Construction Management Fee Bond Schedule 2% 3.6% 1.90% 2.30% 1% In addition, this bid included the option for a three-year maintenance agreement. CML Security identified the following rates: YEAR 1 YEAR 2 YEAR 3 Hourly Rate $95 $95 $95 Overtime Rate $125 $125 $125 Annual Price 0% 0% 0% Increase Parts Markup 25% 25% 25% Buildings & Grounds is also recommending awarding the three-year maintenance agreement to CML Security, LLC. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director �1-D-lt? Ex -bit A" SIERRA. DETENTION SYSTEMS 1177s. 4'^ avenue I brlghton, co 80601 I (p) 303.278.6879 1 (f) 303.278.6921 l 1.800.868.jai 1 wvrvr.gemadetenliansystems.com Dear Customer, On Monday, May 15, 2017, Sierra Detention Systems closed it's construction and operations division, releasing the majority of its personnel. Sierra did so due to an inadequacy of funds necessary to meet payroll and employee benefit obligations for staff members. Sierra has ceased performance on all construction contracts and is incapable of completion on current projects. Any projects currently with performance and payment surety bonds will be completed by our surety company, Great American. Sierra's restructuring has not impacted the personnel necessary to complete Service Level Agreements, and our on -site technicians are continuing work throughout the country. Our Technical Services division will operate as It has for the previous 23 years. We apologize for the disruption In your project. Sierra Detention Systems. BOARD OF COUNTY COMMISSIONERS 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 PHONE: 970-336-7204 FAX: 970-352-0242 May 18, 2017 Russell Pilcher, CEO Sierra Detention Systems 1177 South 4`h Avenue Brighton, Colorado 80601 VIA CERTIFIED MAIL Re: Termination of Contract, Dated May 2, 2017 In accordance with the enclosed letter from Sierra Detention Systems, received on May 17, 2017, by Toby Taylor, Weld County Building and Grounds Director, Weld County is terminating for cause the contract between Weld County and Sierra Detention Systems which is dated May 2, 2017 ("the Contract"). A copy of the Contract is enclosed. The specific cause for termination is set forth in Section 14.2.1(b), (e), (f), and (h) of ALA Document A201 2007, which is referred to in Section 7.1 of the Contract. The cause is supported by the facts set forth in the above referenced letter from Sierra Detention Systems. Please feel free to contact Mr. Taylor at (970) 400-2023. Sincerely, Julie A. Cozad, Chair Board of County Commissioners of Weld County, Colorado pc: Toby Taylor, Director, Weld County Buildings and Grounds Bruce T. Barker, Weld County Attorney SAIA Document A101r" - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 2nd day of May in the year 2017 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Weld County 1150 O Street Greeley, Colorado 80631 and the Contractor: (Name, legal status, address and other information) Sierra Detention Systems 1177 South 4th Avenue Brighton, Colorado 80601 for the following Project: (Name, location and detailed description) Jail Electronic Controls - Design Build 2110 O St, Greeley Colorado 80631 Weld County Jail The Architect: (Name, legal status, address and other information) Sierra Detention Systems 1177 South 4th Avenue Brighton, Colorado 80601 C0i1 SCn+ q.cncia" lam' The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 D [2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. & (&/eei) 6��TT1S�� 8O1"1-0-719 f60019 NA DownentA161 TM -2007. Copydght© 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Mieriwn ImdMeof Init Ate. Al rights reserved WARNNG: This AIA eDocumerdIs protected by U.B. Copyright Law and Yrt madonal Treulies. UraShodaed reproduction or distribution of this AIA Docunent, or any portion of i4 may result In severe cMO and criminal penakW, and will be prosecuted to the muxnum eaterd possble underthe law. This document wes created on 04/13/2017 17:03:16 under the terms of AIA Documents-on-DemandG order no. 2009610227 . and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract 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 to proceed issued by the Owner. (Insert the date of commencement if it dyers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) The project shall be completed within 3 months of the date of this document. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: N/A § 3.2 The Contract Time shall be measured from the date of commencement. Init. AIADocarantA101"-2007. Copyright®1915,191&1925,1937,1951,1959,1961,1963,1967,1974,1977,1997,1991, 1997 and 20W by The Americantnsintea Ardr<ects. Al rights reserved. WARNING: This ALODoanandIs protected by U.S. Copyright International Trashes. Unautla add reproduction or 2 distribution of this AIA Doctanerri, orally portion of lt, may result In seven chd and raatlnal penalties, and wi be prosecuted to the mndnum extent possum under the law. This document was created on 04/13/2017 17:03:16 under the terms of ALA Documentson-Demando order no. 2009610227 and is not for resale. The document is licensed by the Amman Institute of Architects for one4nie use only, and Trey not be reproduced prior to its canpletion. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than July 24, 2017 ( 90 ) 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. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Portion of the Work Pre -Construction and Design Services Substantial Completion Date 7/24/2017 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) N/A ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Thirty Five Thousand Dollars ($ 35,000 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.3 Unit prices, if any: (Ident and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item N/A Units and Limitations Price per Unit ($0.00) NA Docurent A101"-2007. Copyright® 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1967,1981,1997 and 2007 byThe Amedmn Instibte of In It Architects. Al rights reaarved. WARNING: This ALA' Document is protected by I.I.S. Copyright Law and Yder atiaW Treaties. UnaCndred reproduetm or 3 disMhution ofdds AU1°Docunenf, or sly poison of it, may resuk In se'wre chill and criminal penates, and wi be prosecuted btia maiinum extent poss&le underthe law. This document was created on 04/13/2017 17:03:16 under the terms of AIA Documents -on -Demand❑ order no. 2009610227 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ($0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract 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: N/A § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 10th 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 ten calendar ( 10 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. 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 Contractor's Applications for Payment. § 5.1.5 Applications for Payment 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. § 5.1.6 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 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 five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 H 3007, General Conditions of the Contract for Construction; .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 five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A2013007. AIA Documnt Alot"-2007. Copyright® 1915,1918,1925,1937,1951,1958,1961.1963,1967,1974,1977.1997.1991,1997 and 2007 by The M mican lnantute d Init. A,thhects. Al rights reserved. WARNING: This AIA ocur ent Is pahcfed by U.S. Copyright Law and Yitanwtiwd Trestles. Urru homed reproduction or 4 disbEbutlon oft is AW Docureut, or any portion of It, may result in severe cMl and uirinal penalties, and wi be prosecuted to the maxflimexMR possible underlie law. This document was created on 04/13/2017 17:03:16 under the terms of AIA Docunrents.on-Demando order no. 2009610227 . and is not for resale. This doatment is licensed by the A erican Institute of Amhiteds for one-time use only, and may net be reproduced prior tots completion. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 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 Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofAJA Document A201 [2007 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 Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 [2007. § 5.1.8 Reduction or limitation of retainage, if any, 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 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) Upon 50% completion of the project, retainage percentage is reduced to zero percent (0%). § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 [2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: N/A ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 [2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Mutally agreed upon moderator. ALA Docuront A701TM-2007. Coyyrlght®1915,1918,1925,1937,1951,1958,1961,1963,1987,1974,1977,1987,1991,1997 and 2007 byThe Ansdcan Iretitae of Iit. ArdtoCs. Al rights reserved. WAm*IG:ThbAu°Document Is protected by U.S. Copyright Law and btn.atonal Trastlas. UnaiMarruad reproduction or 5 dMWbutlon oftile Au Docunxn, orany portion of it, m y rerun in severe slit and criminal penalties, aid will be prosecuted to themBldlnan extent possible undert a law. This document was created on 04/13/2017 17:03:16 under the terms of AlA Documents -on -Demands order no. 2009610227 . andisnot for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its co pleton. § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 [2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. lithe Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) ❑ Arbitration pursuant to Section 15.4 of AIA Document A201 E2007 ® Litigation in a court of competent jurisdiction ❑ Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 [2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 [2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 E2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 3%. § 8.3 The Owner's representative: (Name, address and other information) Toby Taylor 1150 O Street Greeley, Colorado 80631 § 8.4 The Contractor's representative: (Name, address and other information) Russell Pilcher 1177 S 4th Avenue Brighton, Colorado 80601 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. AIA DocransntAl01"-2007. Copyright®1915,1916.1925,1937,1951,195& 1961,1963,1967,1974,1977,1907,1991,1997 and 2007 byThe American Instiene of Inn. Airy s. Al rights rwarved.WARNhG: This AIA°Docraneat is prosctsd by U.S. Copyright Law and InternWmal Treatises Unauthorized reproduction 6 dietr6rdion of this AIAeDDocurerd, prang portion of it, may result In seven civil and uirinal penam a., and wit be prosecuted to the madman extant possible under the law. This document was created on 04/13/2017 17:03:16 under the terms of AlA Documents.on-Demand) order no. 2009610227 . and is not far resale. This document is licensed by the Arnedcan Instidde of Architects for one-time use ony, and may not be reproduced prior to its completion. § 8.6 Other provisions: Upon completion of a fully developed design, it is at the discretion of the Owner to proceed with a Change Order for the Guaranteed Maximum Price to fully complete the project. The pricing for this phase of work follows the pricing described in Exhibit B: General Conditions: $84,000.00 Construction Management: $45,000.00 Bond: $10,600.00 Construction (Labor & Materials): $1,102,000.00 (Determined based on fully developed design, scope, and pre -proposal conferences. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A 101 [12007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 [12007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Specifications Jail Electronic Controls - Design Build Insurance Certificate of Insurance Date 2/9/2017 4/5/2017 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Specifications, Jail Electronic Controls - Design Build Section Title N/A Date Pages Pages AIA Docanent A101"r-2007. Copyright® 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 20D7 byThe Nredcen Instibute d In It. Nditecta Al right. reserved. WARNING: This WA`Documnn is protected by U.S. Copyright Law and International Treaties. Unautlrorired reproduction or 7 disblbllon of this AIA°Daanerd, or my portion of It, may result in severe eM and crirrwal penalties, and wi be prosecuted to the matnwn extent possible underthe law. Ties doament was created on 04/13/2017 17:03:16 under the arms of NA Documents-on-Demando order no. 2009610227 , andenat for resale. This document is licensed by the Anerican Institute ofkchitects for ore -tree use only, and may not be reproduced prior tots completion. § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) N/A Number Title Date N/A § 9.1.6 The Addenda, if any: Number Addendum #1 Date Pages 2/27/17 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201 [1 02007, Digital Data Protocol Exhibit, if completed by the parties, or the following: N/A .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 `1007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Exhibit A, Exhibit B, Attachment C AIA DocurentAl01--2007. Copyright®1915,19111.1925, 1937,1951,19511,1961,1963, 1967, 1974,1977, 1997, 1991,1997 and 2007 byThe A erican Institute of Init Mhpacis. Al rights merved.WARNNG: TItls MA° Document i protected by U.S. Copyright Law and 1i1 nutlorel Trades. Unauthorized reproduction or 6 diettutlon of this AIA Docurent, gray portion of lt, may result in severs call and criminal penalties, and wi be prosecuted to the rmxhean extent possible under the law. This document was created on 04/13/2017 17:03:16 under the terms of AlA Documents-onAemand❑ order no. 2009610227 ,and is not for resale. This document is licensed by the American Ins96ne of Amhitecifor ore -time use only, and may not be reproduced prior to its camplelion. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article II of ALA Document A201O007. (State bonding requirements. if any, and limits ofliability for insurance required in Article II ofA/A Document 4201t2007.) Type of Insurance or Bond LImi of Llabllty or Bond Amount ($0.00) Certificate of Insurance Attached This Agreement entered into as of the day and year first written above. ER (Sigoahire) MAY 0 8 2017 CO RACTOR (Signature) Steve Mordno.Pro—Tem. Board of aseu msmr alas pupa Russell Pilcher, CEO (Printed name and title) AN DoamrtA1e1--1007. CoppgN01915.19141823,1937.1951,19581961.1981,1967.197x,197x,19x7,1991,1997 at 2007 tylh8#Aw1athslwtsd Ytic d aaSti A1000M�eray ar nnyra*inawn by ma a i*Wpw_fl, paw rM Isusiiar.t.nmmtpos*M u.Mee,M. This doa mnl was seated on Odt13l 171703:16 under to t.mm dAtA nonmrnlsan-0.mwl' alder ro. 200961022/ . wd Y not trmsa s This donmstaices.d by aekmdcen Waists DrAelaw lot anrane mady, ad maynM be wpodusd plot b bmmp- - .-7 AGREEMENT FOR JAIL ELECTRONIC CONTROLS - DESIGN BUILD ATTEST: Weld punty Clerk to the B and BY' eputy C rk to the Bo APPROVED AS TO FLtNDING;dn BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO syxtncnl- Steve Moreno, Pro -Ten MAY 0 8 2017 APPROVED AS TO SUBSTANCE: cZO/7-07/9 168294 ACU ►7` CERTIFICATE OF LIABILITY INSURANCE '�"151201'n�I a/Srzo17 THIS CERTIFICATE R ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RJOHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTS! THE COVERAGE AFFORDED BY THE POLICIES BELOW. TWS CERTIFICATE OF INSURMNCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTFICATE HOLDER. IMPORTANT: M its cei holder Is an ADDITIONAL INSURED, the poliey(ias) must have ADDITIONAL INSURED provisions or be endorsed. H SUBROGATION IS WAIVED. aub$ct to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not carder rights to the certificate holder Ni lieu of such s nmDUCEa Arnie Schans Commercial Lines - (720) 528-7600 Wells Fargo Insurance Services USA, Inc.Etas: PHOH �k 303-863-4651 Imo, eH; 855-669-8729 Amold.Schans@wellsfargo.com 5600 South Quebec, Suite 300A IMWJWR AFFOM OCOYERADE KMCA Ilnm A; Great Northern Insurance Company 20303 Greenwood Village, CO 80111-2225 RMRMD sewasts; Federal Insurance Company 20281 Sierra Detention Systems, Inc. NSLIRW C: Pinnacol Assurance Company 41190 NRUI9I o: Zurich American Insurance Cc 16535 1177 South 4th Ave nan n: Underwriters at Lloyds, London (IL) 15792 Brighton, CO 80601 INSl R F: r 11110 rtes CERT!Fr-arc MIJMRER 11676245 REVISION NUMBER: See below THIS IS TO CERTIFY -HAT THE POLICIES OF INSURANCE ST) BELOW HATE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE, NOTWTT-IST.ANDNO ANY REOU REPENT TERM OR CONDITHNi Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NTIL IT PEDF IMadRAIICE Aeel elle0. F POL FJr LMTS A X C WM3tCIALIRNENILLILM.nY 36035868 8/01/2016 8/1/2017 -h-H::x:CUIH:NCk a 1.000,000 in L 000,000 —ARAB Idkor X OCOUR GI=: its OTCLrw^.:: a M!O EX'(Ar/.n•yn tot: s 10.000 'k4SOtMLe?l vlY..4Y 3 1,000,000 3rNl A:(nrf %T -I ROT. PPI f£ =rR: Gr'.rn. F.GGRr .cTr 8 2.000.0% 'DLLY X ,kr1t rrt mo)..LT3- COLT':Cr AOG 5 2,000,000 3n rr.: a A AIITOMOaLELJANLITY 73590903 8/01/2016 8/1/2017 QCAIU lrldl - a 1•000 X ANY A,.I;1 x�Y MANY IPM. IM:IsVI'; S X 7rLNF� W .1 FrAA 41 dui y NJUNY I12" iiack.IMI 3 .AUIou JAIL`' _.AUlJH'AN- hV k AUTO Y - x Comp $2,500 x Collision $2.50 a B X UMNIELLALMa X OCCIAH 79897630 8/01/2016 8/01/2017-ACH;ic :!Ida -w;. .3 5,000.000 E]rG EM LIAa G_ALM MADE Arf.A2rGA'rr a 5,000.000 IMx: ;Tnll'IQk I S woRNESS 000sExaATWn YIN 4004649 8/1/2016 8/1/2017 X -AAT II C MOEMYOYEWLtAo"v 1,000,000 AW'N:)H1F I!xi,'FA4I`ML'=xk:;Jleh NIA 46328880ther States 811/2016 8/1/2017 11-7'014XIDC YT a D c+w-ea'Ys•'senexc_uD-or N (M.W.U., Sill) a.L iRkl.5L- kA kA1 LDYW A 1.00,000 I"�1I d im OPC0r O OCSdR PION or R:.TX)NS kAN=1 '1B=aSF - PJI IfV I air 3 1,000,000 E Professional Liability PSDG00113 8/012016 8/1/2017 3,004000 DEsciaPTION OF OPERATtNSI LOCATId61b IC"t (ACORD 101. AddNasal n swks schnSk, Ivr ka amcbed Kneed (pace is regal sdl Re: Jail Electronic controls - Weld County is named as additional insured as it relates to general & auto liability & waiver of subrogation is granted as it relates to general and auto liability and workers comp in accordance with the terms and conditions of the policies. Umbrella follows form as it relates to additional insureds. The above coverage is primary and noncontributory where required by written contract. rCRTIEN!ATF Hits TYER CANCELLATION Weld County, Colorado SHOULD ANT OF THE ABOVE DESCRIBED POLICIES an CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WR.L BE DELIVERED IN 11500 Street Room #107 ACCORDANCE WITH THE POLICY PROVISIONS. Greeley, CO 80631 AMTHORQFO REPREUNTATNE The ACORD name and logo are registered marks of ACORD ©11188-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016tO3) ADDENDUM#1 BID REQUEST NO. B1700060 JAIL ELECTRONIC CONTROLS - DESIGN BUILD Buildings & Grounds Dept. PLEASE NOTE THE FOLLOWING. SIGN AND EMAIL BACK TO bidseieweldaov.com: The bid opening is scheduled for March 9, 2017 at 10:00 a.m. (Weld County Purchasing Time Clock). However, there are two references in the bid packet that state to the incorrect date. Therefore, those dates need amended as follows: 1. Amend Title Block on Page 1 to state: BID OPENING DATE: MARCH 9, 2017 2. Amend PRELIMINARY SCHEDULE on page 11 to state: Proposals Are Due: March 9, 2017. "'We need signed cony on file. Thank Youl"' Addendum received by: SIerr Defe Inn SI,Si2f s FIRM l►„ S. , Ave. ADDR SS a rHnn Co 80661 CITY' ND STATE FEBRUARY 27, 2017 r>JSWRi) �V�IoPMO"rr ✓Jtn TITLE Exhibit A REQUEST FOR PROPOSAL WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 00631 DATE: FEBRUARY 9, 2017 BID NUMBER: 61700060 DESCRIPTION: JAIL ELECTRONIC CONTROLS -DESIGN BUILD DEPARTMENT: BUILDINGS & GROUNDS DEPT MANDATORY PRE -BID CONFERENCE DATE; FEBRUARY 2Z 2017 at 11:00 a.m. BID OPENING DATE: MARCH 8, 2017 1. NOTICE TO VENDORS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, 'Weld County"), wishes to purchase the following JAIL ELECTRONIC CONTROLS -DESIGN BUILD A mandatory pre -bid conference will be held at 11:00 a.m., on Wed. February 22, 2017 at the Weld County Jail, 2110 O St, Greeley CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids wIll be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150O Street Room #107 Greeley CO 80631 until: THURSDAY. MARCH a2017C 10000AM [Weld County Purchasing Time Clocks. 2. INVITATION TO PROPOSE: Weld County requests proposals for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Proposals shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the vendor will expect the Weld County to pay if awarded the proposal. You can find information concerning this request at two locations. On the Weld County Purchasing website at htto:/Avww.co.weld.co.us/Deoarlmert&Purchasingfndexhtml located under''Current Requests". And, on the Bidnet Direct website at www bidnetdirectcom. Weld County Government is a member of BidNetDirect. B44et Direct Is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. BID REQUEST #81700060 Page 1 Proposal Delivery to Weld County— 2 methods 1. Emao. Emailed proposals are preferred. Proposals maybe emeiled to: b i d s w e I d g o v. c o m. Ernailed proposals must include the following statement on the emaa: 9 hereby walvemy right to a sealed proposal". An email confirmation will be sent when we receive your bld/proposal. If more than one copy of the proposal is requested, you must submit/mall hard copies of the proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) proposals should be sent In a sealed envelope with the proposal title and proposal number on it. Please addressto: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO VENDORS - INTRODUCTORY INFORMATION: Proposals shall be typewritten or written In ink on forms prepared by the Weld County Purchasing Department. Each proposal must give the full business address of vendor and be signed by him with his usual signature. Proposals by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative. followed by the signature and title of the person signing. Proposals by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A proposal by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the proposal of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished_ A powerof attorney must accompany the signature of anyone not otherwise authorized to bind the Vendor. All corrections or erasures shall be initialed by the person signing the proposal. All vendors shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this proposal as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the proposal forms shall be suitably filed in. Vendors are required to use the Proposal Forms which are included in this package and an the basis Indicated In the Proposal Forms. The Proposal must befilled out completely, in detail, and signed by the Vendor. Late or unsigned proposals shall not be accepted or considered. It is the responsibility of the vendor to ensure that the proposal arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Vendors." Proposals received prior to the time of opening will be kept unopened Ina secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a proposal not properly addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing vendor prior to the time fixed for award. Negligence on the part of a vendor in preparing the proposal confers no right for the withdrawal of the proposal after a has been awarded. Vendors are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the vendors' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County vendors in all cases where said proposals are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R_S_ § 30-11-110 (when it is accepting proposals for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, to award the proposal to multiple vendors, and to accept the proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. In submitting the proposal, the vendor agrees that the signed proposal submitted, all of the documents of the Request for Proposal contained herein (including; but not limited to, product specifications and scope of services), the successful vendor's response, and the formal acceptance of the proposal by Weld BID REQUEST #B1700060 Page 2 County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. 4. SUCCESSFUL VENDOR HIRING PRACTICES — ILLEGAL ALIENS: Successful vendor certifies, warrants, and agrees that it does not knowingly employ of contract with an illegal afen who will perform work under this contract. Successful vendor will confine the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement. through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful vendor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that falls to certify with Successful vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful vendor shall not use E - Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful vendor shall notify the subcontractor and County within three (3) days that Successful vendor has actual knowledge that a subcontractor is employing or contracting with an Illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful vendor shall not terminate the contract if within three days the subcontractor provides Information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful vendor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful vendor participates in the State of Colorado program, Successful vendor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful vendor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the Identification documents for such employees. Successful vendor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful vendor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and H so terminated, Successful vendor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful vendor receives federal or state funds under the contract, Successful vendor must confirm that any individual natural person eighteen (1 B) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful vendor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 2476.5- 101, at seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the proposal, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the vendor should be transmitted separately from the main proposal submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL.' However, the successful vendor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, at seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for proposal information marked `CONFIDENTIAL", staff will attempt to Page 3 contact the vendor in order to allow the vendor to seek an appropriate court order preventing disclosure Without such an order. Weld County will release the requested information In accordance with CORA. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Goverrunental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful vendor shall perform its duties hereunder as an Independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of Its agents and employees for all acts performed pursuant to the contract. Neither the successful vendor nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful vendor and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful vendor or any of Its agents or employees. Unemployment insurance benefits will be available to the successful vendor and its employees and agents only if such coverage Is made available by the successful vendor or a third party. The successful vendor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful vendor shall not have authorization, express or Implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful vendor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful vendor shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It Is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all hgMs of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing In the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful vendor, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful vendor. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful vendor agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful vendor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Proposal within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful vendor's completion of the responsibilities described in the BID REQUEST #81700060 Page 4 Proposal. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification; Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful vendor shall be the basis for additional compensation unless and until the successful vendor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there Is In fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful vendor acknowledges that County has entered Into this Agreement in reliance upon the particular reputation and expertise of the successful vendor. The successful vendor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful vendor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful vendor by the terms of this Agreement, and to assume toward the successful vendor all the obligations and responsibilities which the successful vendor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful vendor and the successful vendor shall cooperate in such process. The successful vendor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: The successful vendor warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful vendor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The vendor warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful vendor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the Fist One Year Period: The successful vendor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Werd County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Vendor shall submit with their proposals the following information pertaining to the equipment upon which the proposals are submitted; 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful vendor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful vendor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful vendor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. BID REQUEST #81700080 Page 5 Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial InterestlConflict of Interest—C.R.S. §§24-16-201 et seq. and §24-60-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial Interest whatsoever in the service or property which is the subject matter of this Agreement County has no interest and shall not acquire any interest direct or Indirect, that would in any manner or degree interfere with the performance of the successful vendor's services and the successful vendor shall not employ any person having such known interests. During the term of this Agreement, the successful vendor shah not engage in any in arty business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations underthis Agreement. Failure by the successful vendorto ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement No employee of the successful vendor nor any member of the successful vendor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful vendor's operations, or authorizes funding to the successful vendor. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W.Compensation Amount: Upon the successful vendor's successful completion of the service, and County's acceptance of the same. County agrees to pay an amount no greater than the amount of the accepted proposal. The successful vendor acknowledges no payment in excess of that amount will be made by County unless a 'change order° authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful vendor hereunder and the successful vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of arty work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all trues during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M_ Beat Company as "A"VIII or better. Each policy shall contain a valid provision orendorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to BID REQUEST cf61700060 Page 6 the Weld Cattily Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days priorto such cancellation orreduction unless due to non-payment of premiums forwhich notice shall be sent ten (10) days prior. if any policy is in excess of a deductible or self - insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible forthe payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self - insured retention to guarantee paymentof claims. The insurance coverage's specified inthisAgreemerd arethe minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County In no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, Its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain Insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kindsoramountsofInsurancethatitrnaydeemnecessaryto cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements Identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulatlon, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or Its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Tvoes of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. BID REQUEST #81700060 Page 7 $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising Injury Automobile Liability Contract Professional shall maintain limits of $1,000,000 for bodily Injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liabiity) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. ContractProfessional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Umits: Per Loss $1,000,000 Aggregate $2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, Including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella lability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrocation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County, Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shag ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Proposal and in the Response to the Proposal each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST *81700060 Page B SCOPE OF WORK AND SPECIFICATIONS WELD COUNTY JAIL ELECTRONIC CONTROLS DESIGN -BUILD BID 2110 O -STREET, GREELEY CO 80631 Public Notice Is hereby given that Weld County, Colorado, hereinafter referred to as the County will receive sealed bids to perform a Jail Electronic Controls Upgrade at the Weld County Jail Complex. This facility is located at 2110 0 Street, Greeley Colorado 80631. The purpose of this RFP Is to obtain statements of qualifications and to solicit fee proposals from firms who wish to provide the services requested in this RFP. The County desires to retain a Design Build Team to perform design, construction and construction management services for all phases of the work consisting of improvements including, without limitation, the following work; • Design Services • Jail Controls Construction • Construction Management OVERVIEW The Weld County Jail Complex is located at 2110 O -Street, Greeley, CO, consists of one building that was built in three phases. The Jail's electronic controls system Is original and has received only minor adjustments as each phase was added. Weld County is anticipating a full replacement of the Jail's electronic controls systems with the intent of brining all three phase to a level of consistency and current with recent advances in technology. Weld County anticipates a complete package be designed and built with the exception of reusing the current door locks and intercoms. SPECIFICATIONS ANDIOR SCOPE OF WORK: The project shall include, but not necessarily be limited to, the following: 1. All design, engineering, programming, coordination, and project management required. 2. All testing and commissioning of security electronic equipment will be included. 3. All coordination drawings, shop drawings, engineering drawings, submittal drawings and other supplemental CAD drawings required to complete scope of work as listed herein. 4. All handling, staging, and unloading of materials instated within this scope. 5. New system shall replace and refresh all security and CCTV fiber optic cabling including, but not limited to, cabling, (POE), inner duct, splices, switches, accessories, terminations, and testing. 6. Due to volume of traffic, the new CCTV system should ride on a new and completely separate network from the PLC or intercom equipment. 7. New system shall control all door access control systems including, but not limited to, wiring, terminations at electrified doors. 8. Contractor will provide al I new security electronics equipment including, but not limited to, computers, servers, racks, consoles, programmable logic controllers (PLC's), uninterruptable power supplies (UPS's), data logging and reporting systems, customized cabinets, customized countertops, printers, intercoms. touctlscreen control systems, software, licenses, certifications, and customized system programming. 9. Uninterruptable power supplies (UPS) shah have a run time of 45 minutes. 10. If additional room cooling Is required, contractor shall indude full installation within this bid. 11. Contractor is expected to replace the complete security electronics network including, but not limited to cabling, network hardware, communication cards for all systems, software, equipment, racked assemblies, terminations, and testing. This new network will incorporate all three phases of the jail and must connect all facility control centers via a fiber network in a redundant (star) configuration. 12. The network and components shall also be developed to allow the additiontexpansion of capabilities for the new 374 bed addition to be built in 201 9-2020. BID REQUEST #81700060 Page 9 13. At the rear of jail, roadway vehicle detectors must be replaced including, but not limited to: saw cutting, wiring, sensors, probes, detectors, processor boards, terminations and interface with dual height intercoms. 14. Contractor shall maintain current utility system controls, TV, roof monitor system, and elevator controls, including, but not limited to: wiring, terminations at control valves, and terminations at lighting control panels, relays, custom programming, equipment, hardware, software and icenses. 15. Provide one year warranty. One year warranty starts after completion of all installation activities and after substantial completion is agreed upon by owner. 16. It is anticipated all cabling will be upgradedireplaced, new hardware and storage devices, new HMI (touch screen), door power supplies. PLCs etc. Exception: It is anticipated all actual door locking hardware, intercom speakers, and intercom pushbuttons will be reused. 17. System must maintain a 90 -day retention of all video surveillance. 18. Provide three video viewing stations strategically places throughout the facility. Two stations wil have the primary purpose for viewing live and stored video feed. One station will require additional equipment to view, download and burn video evidence from live and stored video for the purposes of administrative and criminal proceedings as well as for training purposes. 19. Selected video selections by staff must be able to be downloadedlcopied to CD, flash drive, and saved to other electronic storage devices separate from the 90 -day retention components_ 20. Provide capability at officers' desk in units 201-211, to view live video feed from air pod cameras located In the respective units 21. Remove old Security Electronics equipment, (PLC's), (Cameras), (Millwork) as new equipment is tested and properly functioning. In addition, the old graphic panel In Booking shall be removed. 22. Sequence, must allow for new system components to be operational and demonstrate reliability prior to removing old components from service. 23. Contractor must provide training to owner at pre -arranged dates on new systems. 24. Provide six roof top cameras with locations to be determined during the design build. Camera Specifications: 1. The stationary indoor dome carriers(s) shall be manufactured by Axis with Model M3045 -V. No substitute permitted. 2. The Pan Tilt Zoom (PTZ) camera(s) shall be manufactured by Axis with Model P5635 -E MKII. No substitute permitted 3. The stationary outdoor dome camera(s) shall be manufactured by Axis with Model P3225-LVE Mk II Network Camera Streamlined, outdoor -ready HDTV 1080p fixed dome for any fight conditions. No substitute permitted. Master Control Specifications: 1. Operator's desk will be the Winsted Ascend Dual Sit/Stand Control Console for each operator location. It is desired that each master control room be set up with three fully operational work stations. 2. HMI devices will be replaced with a preference for touchscreen controls that as systematically sequences with the operational software application configuration. 3. There will be two master control centers/rooms. Each must be completely independent of each other with their own "back end" system. One will be the primary to run the entire facility. The secondary master control will contain the same capability of the primary and permit full operation should the primary master control become inoperable. 4. Contractor will be responsible for removing all other master control equipment and desk once the new system is brought on-line. Floor plans 1. Site floor plan will be provided at the mandatory pre -bid meeting and facility walk through. 2. Bidders will be required to sign for set of floor plans and return the documents at the time of bid submission. BID REQUEST #B1700060 Page 10 PRELIMINARY SCHEDULE • Date of this RFP February9, 2017 • Pre -bid conference February 22, 2017 • Proposals Are Due March 8, 2017 • Contract Award Notice March 22, 2017 • Pre-Const. Services Immediately upon notice of award • Commence Construction June 1, 2017 • Substantial Completion November 1, 2017 • Final Completion Projected date of December 1, 2017 The successful Bidder will be required to furnish, as part of the Contract Documents, an insurance certificate in the amount specified in the Contract Documents, a Performance Bond and Labor & Materials Payment Bond, each in an amount equal to 100% of its Contract price including Force Account items, said bonds to be Issued by a responsible corporate surety approved by the Board of County Commissioners and shall guarantee the faithful performance of the Contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the County from claims and damages of any kind caused by the operations of the Contractor. The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in bids, and to accept the bid that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld; State of Colorado. SCOPE OF SERVICES The intent of this section is to highlight in general terms the nature and scope of the work to be performed. 1. DESIGN SERVICES a. Provide a conceptual design for the project. b. Civil engineering and site planning, as required. c. Prepare submittals to governing agencies for approval. d. Provide a schematic design package. c. Provide a design development package. f Provide full and complete construction documents. g. Provide construction administration. h. Attend weekly design and construction meetings. i. Prepare building permit submittal, and assist in obtaining the permits. Make Building Department requested revisions. j. Provide an estimate of "reimbursables that would be required for this project. k. Provide hourly rates for "additional services." I. Provide a design schedule m. Include all costs for architectural design services, programming, civil engineering, structural engineering, mechanical engineering, electrical engineering, and all other "consultant' fees in the proposal. The Design Build Team must have demonstrated the ability to perform a project of this scope. As construction documents are completed, the firm will be expected to provide a construction budget including a Guaranteed Maximum Price CGMP"). The County believes it is crucial that the firm be a member of the project team and participates along with the architect and the consultants in the design process. 2. PRE -CONSTRUCTION SERVICES: a. Conceptual Estimate b. Project Development Schedule established that Includes the applicable regulatory, agency, outside entity, project team and County activities. Construction Schedule developed which includes all critical design/engineering and construction activities and Identifies delivery issues. Advise the County of a plan to manage such delivery issues. BID REQUEST #81700060 Page 11 c. Continually review (prepare reports, recommendations, etc.) all design documents In regard to budget, constructability, completeness and coordination. d. Monitor budget and schedule throughout the design phase and advise the County when corrective action is required related to both design progress and costs. e. Provide value engineering during design studies. f. Evaluate the availabilfty and supply of labor and advise the County of potential impacts. g. Develop proposal request packaging/phasing strategy including outreach program for work by trade contractors. h. Develop procedures for issuing proposal requests and prepare documents/scopes for the County Review. i. Conduct pre -proposal conferences j. Review, analyze proposals results and recommend award to successful respondent k. Develop management reporting procedures to be used during construction, (costs/schedules, etc.). I. Establish job site survey controls prior to mobilization. Coordinate surveys, geotechnical Investigations and other pre -mobilization activities_ m. Provide any other Pre -construction services as may be required by Weld County. n. Contractor will provide programming services during the design phase. The programming and design phase could require extended time with multiple plan revisions 3. CONSTRUCTION PHASE: The Design Build Team will manage and coordinate all construction activities, during this phase the Design Build will provide without limitation, the following services: a. Design Build Team 1) Monitor costs and prepare monthly project cost reports. 2) Quality control. 3) Coordination of all on -site activities including commercial contractors, subcontractors, utility companies and coordination of all work related to, in close proximity to or adjacent to the site which may impact the work on this project. 4) Vendor drawing administration. 5) Change Order management B) Preparation of monthly pay application. 7) Preparation and coordination of infrastructure acceptance submittals. B) Close out documentation Notice of Final Settlement process. 9) Any other construction services as may be required by Weld County. b. General Condition Services 1) Complete field staff and support, temporary facilities. 2) Equipment and support not in direct cost. 3) Manage permits held by Owner. 4) Issue and manage agreements for testing and inspection services, surveying, Sc. 5) Coordination with utility companies. 6) Support design team. 7) Performance. labor, materiar & payment bond will biz required. PROPOSAL DOCUMENTS Please submit an original and two (2) copies of your proposal signed by a person authorized to bind the party. Please also submit one (1) electronic copy. The proposals shal be organized as outlined below A. Firm(s) Information: Identify which office (Contact Office) will be responsible for the project. Provide a staffing chart showing proposed organization for this project Provide a list of proposed firms to be used in design services BID REQUEST #81700060 Page 12 4) Provide resumes of personnel who will be involved on the project. Weld County reserves the right to interview designated project personnel. 5) No changes in the approved project personnel will be granted unless agreed to by Weld County. 6) Provide a detailed financial statement of the Fin, including a bank reference and credit available and furnish any other information that may be required by the County. If Firm does not wish its financial Information to be a public record, please place in an envelope and label as 'Confrdentlal'. Failure to do so may result in said financial information being publicly disclosed. 7) Provide copy of certificate of Insurance and limits of public liability under insurance. 8) Provide any and all information regarding any lawsuits pending or threatened against, you, your firm or any of the prindpals or joint ventures. 9) Provide your company's banding limitations. B. Firm's Experience: 1) Provide a brief summary of like work your firm has undertaken as a Design Build Contractor. Note: Do not use prior projects conducted for Weld County government. 2) List the owner, type of project, address and contact name for references and telephone numbers. 3) Indicate whether your contract was a prime or involved a joint venture with another firm and whether construction management, general contracting, design build, or a combination or other services were involved. C. Current Workload: Provide a list of current project commitments by your proposed team and proposed individuals, including the status of such projects. Identify the owner's representative, address and phone number for each project D. Services: 1) Indicate if your firm has provided Design Build projects. 2) In addition to the activities listed under "Scope of Services", section "2. Construction Phase' above, provide a list of any additional construction management, general condition and/or coordination services you believe will be necessary to successfully complete this project. 3) Define your commissioning plan E. Construction Methods: Indicate which elements of work or other services your firm is capable of performing with its own forces. Please note Weld County reserves the authority and right to require the Design Build Contractor to bid self -performed work in competition with available qualified subcontractors. F. Evaluation Criteria. The following criteria will be used to evaluate the proposal submitted in response to this Request for Proposal: 1) Prior experience of firm and key staff on a similar project. 2) Quality and experience of people assigned to the project —project manager, superintendent, design team, etc. 3) Current workload, organizational depth and ability to deliver the project within the project's timeframe. 4) Demonstrated ability to work with design team providing conceptual estimating, value engineering, constructability, and scheduling services. 5) Best value for the County. 6) Demonstrated ability to construction a project such as this to meet cost, schedule and quality goals. 7) Commissioning plan 8) Describe the warranty period procedures, tracking, response times, etc. 9) Fee proposals and general conditions estimate. BID REQUEST NB1700060 Page 13 (3. Fee Proposal; The County anticipates entering into a Guaranteed Maximum Price (GMP) Contract plus a fee. Additional phases of work may be amended to the contract. 1) Identify the Fee your firm proposes to provide Design Build services described In this RFP. The fee is to be based on cost of work. 2) Provide the general condition costs for the project for the services described in this RFP. 3) Provide a cost for the pre -construction phase services and how you intend to charge for these services. Include an estimate of non -personnel expenses in similar format to formulate the estimate of total cost. 4) Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each supervisory/administrative individual proposed for involvement in either the pre - construction phase or construction phase of the project. 5) Provide a schedule of current bond premium rates and confirmation of the current bonding capacity of your firm. Complete the fee proposal below for your bid. Assumptions are the contractors assumptions for completing this job. The fee proposal should be provided In either a percentage of the (iMP or a Lump Sum. If you have A. Bidder Assumptions Construction Budget (including general Estimated GMP conditions, fees, contingency, bonds and insurance). 2. Construction Duration B. Fee Proposal 1. Pre -Construction 2. Design Fee 3. General Conditions 4. Construction Management Fee 5. Bonds (Attach schedule) 6. Other (describe on additional sheet) Estimated # of Months Or Lump Sum $ $ NOTE: Winning contractor will be expected to enter into a standard AIA contract for this design build. BID REQUEST #01700060 Page 14 MAINTENANCE AGREEMENT Weld County is interested in identifying maintenance cost associated with this replacement. While the first year's components and installation will be under warranty, the County would Ike to obtain pricing for the second and third year maintenance. Please provide a maintenance proposal detailing what is included/excluded in a maintenance agreement. In addition, provide the following wage rates; YEAR 1 YEAR 2 YEAR 3 Normal Labor Wage Rate (Hourly) $ $ $ Overtime Labor Wage Rate (Hourly) $ $ $ Price Increase/Adjustment per year % % % Parts Markup Percentage % % % The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No, #61700060. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named vendor for the amount shown on the accompanying proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, and to accept the proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE FAX BY (Please print) E-MAIL DATE TAX ID# THE SUCCESSFUL VENDOR SHALL PROVIDE AW-9 IF NOT ALREADY ON FILE*` WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1-8. 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N N N n Y O N O E $ t o 7 7 W N f e A A I'l W W W J W J W J W W W W W W �4I W W W W v'1 y I0 h h J h J N1 J h J-1 Y) N W J 4 J W1 J W) J J W J A J N J A r A N N ('4('4(N N N N N N N N N N N N VICCIN N N N N N N N N N N N N N N n N N N N N N N N N N N 6 d 6 d d d d 1 d o a a- 0. d h d 6 d d d a. d d N < YN M « N < yr <<4 a ..t <<<< h N < N N « N ≤4<a M N N N <4a N a -] —N�y -NMf -Ncny -Note 'O OF kNNN OCmm PP 0000 — i zzz zzzz zzzz 2 tttt z z z z zzzz z z z z > > O D D D>> >>> O> J J DD 7» r nn r r r r r in r r O S V W g r r r r r .4 2 S O ftd Cops O 0 505 0D0 O O 6 tl O h N ✓i N v] 1n h N N V1 to N n050 0 N N V1 Vf V7 Vri V7 Vl of 0O— ONOO Vf 10 m N MJ V (fl V h 'O Or —No) — N N 7 V V V 'o N N b b .0 n Iti IN N m ow O h m O O t a it C C ADDENDUM#1 BID REQUEST NO. 81700060 JAIL ELECTRONIC CONTROLS — DESIGN BUILD Buildings & Grounds Dept. PLEASE NOTE THE FOLLOWING, SIGN AND EMAIL BACK TO bldsnreldgov.com: The bid opening is scheduled for March 9, 2017 at 10:00 a.m. (Weld County Purchasing Time Clock). However, there are two references in the bid packet that stale to the incorrect date. Therefore, those dates need amended as follows: 1. Amend Title Block on Page 1 to state: BID OPENING DATE: MARCH 9, 2017 2. Amend PRELIMINARY SCHEDULE on page 11 to state: Proposals Are Due: March 9, 2017. We need signed copy on file. Thank You!""" Addendum received by: FIRM ADDRESS CITY AND STATE BY TITLE FEBRUARY 2T, 2017 k: \ Exhibit B SIERRA. I1f1,M11ON IM%TM1 > Fee Nroposai A. Bidder Assumptions 1. Construction Budget (including Estimated GMP $1,276,600_ general conditions, fees, contingency, bonds and insurance). 2. Construction Duration Estimated # of Months 8 months B. Fee Proposal % Or Lump Sum 1. Pre -Construction % $ 12,000_ 2. Design Fee % $ 23,000_ 3. General Conditions % $ 84,000_ 4. Construction Management Fee % $ 45,000_ 5. Bonds (Attach schedule) % $ 10,600_ 6. Other (describe on additional % $1,102,000_ sheet) • Onsite / in-house labor $ 372,000 • Materials $ 730,000 NOTE: Winning contractor will be expected to enter Into a standard AJA contract for this design build. I Intake Transfer and Release Facility Page 87 of 89 RFQ/ RIP Sierra Detention Systems Detention Equipment / Security Electronics SIERRA. n.uwrinr IY S,IM, The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all of the conditions, specifications and special provisions set forth In the request for proposal for Request No. #81700060. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named vendor for the amount shown on the accompanying proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, and to accept the proposal that, In the opinion of the Board of County Commissioners, Is to the best Interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM _Sierra Detention Systems, Inc BY _David S. Peterson (Please print) BUSINESS ADDRESS _1177 S. 4t° Ave. DATE _318/17 CITY, STATE, ZIP CODE Brighton, CO 80601 TELEPHONE NO _30 .278.6879 FAX 720-685-8853 TAX ID # 84 1469189 - SIGNATURE E-MAIL _dpeterson@sierrade entionsys ms.com_ "THE SUCCESSFUL VENDOR SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE" WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -8. Intake Transfer and Release Facility Page 89 of 89 RFQ / REP Sierra Detention Systems Detention Equipment / Security Electronics S 1 [{ It it A. Weld County is Interested in identifying maintenance cost associated with this replacement. While the first year's components and installation will be under warranty, the County would like to obtain pricing for the second and third year maintenance. Please provide a maintenance proposal detailing what is included/excluded in a maintenance agreement. In addition, provide the following wage rates: Normal Labor Wage Rate (Hourly) $_NIA I $80.00_ swoo-._...•.._ I . Overtime Labor Wage Rate (Hourly) I $_NIA_ 1 $120.00` ': $120.00_ Price Increase/Adjustment per year I _N/A_% 3% I 3°;0 Parts Markup Percentage I 12.5% 1 12.5% Intake Transfer and Release Facility Page 88 of 89 RrQ / RFP Sierra Detention Systems Detention Equipment / Security Electroiics Exhibit C Termination. County has the right to terminate this Agreement, with or without cause on thirty (60) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. Employee Financial Interest/Contlict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional&! services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County® sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional&operations, or authorizes funding to Contract Professional. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers @ompensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 28, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Jail Electronic Control — Design Build; Bid #B1700060 As advertised, this bid to perform an upgrade on the controls system at the Weld County Jail. The low bid was from Sierra Detention Systems and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Sierra Detention Systems per their bid as follows: Pre -Construction Design Fee General Construction Bond Schedule Conditions Fee Management Fee $12,000 $23,000 $84,000 $45,000 $10,600 In addition, this low bid included the option for a three year maintenance agreement with the following rates identified: YEAR 1 YEAR 2 YEAR 3 Hourly Rate N/A $80 $80 Overtime Rate N/A $120 $120 Annual Price N/A 3% 3% Increase Parts Markup N/A 12.5% 12.5% Therefore, Buildings & Grounds is recommending awarding the three-year maintenance agreement to Sierra Detention systems. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 4/3 aci7 0719 3≤ 00/9 Firm Sierra Detention Pretonstruction. $12,000 Design Fee $23,000 General Conditions $84,000 Construction $45,000 Bond Schedule $10,600 KUBL 13,605 16,326 45,350 90,700 1.25% CML Security 2% 3.6% 1.90% 2.30% 1% Honeywell $100,000 Left Blank 95% Left Blank 5% MAINTENANCE AGREEMENT YEAR 1 YEAR 2 YEAR 3 Hourly Rate 95 95 95 Overtime Rate 125 125 125 CML Security Annual Price Increase 0 0 0 Parts Markup 25% 25% 25% Hourly Rate N/A 80 80 Overtime Rate N/A 120 120 Sierra Detention Annual Price Increase N/A 3% 3% Parts Markup N/A 12.5% 12.5% Hourly Rate 80 80 80 Overtime Rate 80 120 120 KUBL Annual Price Increase 3% 3% 3% Parts Markup 10% 10% 10% Hourly Rate 153.00 157.20 162.30 Overtime Rate 229.50 236.20 243.40 Honeywell Annual Price Increase 3% 3% 3% Parts Markup 0.35% 0.35% 0.35% WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwalters(�co.weld.co.us E-mail: reverett(o)co.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: MARCH 9, 2017 REQUEST FOR: JAIL ELECTRONIC CONTROLS -DESIGN BUILD DEPARTMENT: BUILDINGS & GROUNDS DEPT PROPOSAL NO: #B1700060 PRESENT DATE: MARCH 13, 2017 APPROVAL DATE: MARCH 27, 2017 **moved to April 3, 2017** VENDORS CML SECURITY LLC 400 YOUNG CT UNIT 1 ERIE CO 80516 SIERRA DETENTION SYSTEMS 1177S 4TH AVE BIRGHTON CO 80601 HONEYWELL BUILDING SOLUTIONS 345 INVERNESS DR SOUTH SUITE 240 ENGLEWOOD CO 80112 KUBL GROUP 3227 S TIMBERLINE SUITE A FT COLLINS CO 80525 TOBY TAYLOR AND TEAM WILL REVIEW THE BIDS. c29/7— 0 7/7 Hello