The URL can be used to link to this page

Browse Search

Home My WebLink About20180813.tiffFACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 February 25, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Jail 2 -West Changer Order #2 to Amended Agreement (2018-0813) Roche Constructors was awarded the design -build project to add a new wing to the jail and remodel the existing kitchen. The construction phase of the project was entered through Amendment #1(2018-0813). During construction of the kitchen, it was discovered that the existing drain line under the kitchen floor is cracked and in need of repair. This repair is not part of the original scope of work. The cost to excavate and replace the damaged pipe is $8,587.35. To accomplish this work in conjunction with the kitchen remodel, a change order to Amendment #1 is needed. Therefore, the Facilities Department is recommending approving this change order in amount of $8,587.35 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director e_5:3 n sex-) + oo�ra� ac/�"/S�� dolg-c3gt3 BGOO CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY FACILITIES DEPARTMENT AND ROCHE CONSTRUCTORS INC. This Agreement Amendment ("Amendment"), made and entered into I St day of ()netr c -h, 2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County Facilities Department, hereinafter referred to as the "Department", and Roche Constructors Inc. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2018-0813, approved on March 19, 2019. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Change Order 2, dated February 16, 2021 is hereby incorporated as an exhibit to the agreement and the terms are included in the Agreement. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Greg Lockwood Printed Name Signature ATTEST: Weld BY: erk to the Board Deputy Clerk' the Board /, APP,Z AS T FU IN zDtets Controller APPROVED AS TO FORM: es e4t,....4..„ County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair MQR p 12021 APPROVED AS ANCE: IecteQ Official or Department Head 016 if -08/3 Roche Constructors, Inc. Owner : Weld County, Colorado 1105 H Street Greeley, CO 80631 Exhibit: Change Order # 1 Change Order Request Roche Constructors Inc. 361 71st Avenue Greeley, CO 80634 Phone: 970-356-3611 Project: 18024- / Jail 2 West Expansion 2110 O Street Greeley, CO 80632 PCO Type: PCO Change Order Request # : COR 1 COR 1 Sanitary Sewer Item : 1 COR 1 - Sanitary Sewer Replace approx. 6'-0" of existing 4" grease sanitary sewer in existing kitchen that was identified as broken in initial cameraing of lines. This price is only to replace the broken section identified under the cook line and does not include any additional unknown areas of broken pipe. Also, if the pipe is brittle, we do not plan to continually chase the pipe and only 6'-0" of replacement is included. Phase Description Subcontractor Cost Type Estimated Cost 023000- - Subsurface Investigation - GPR Prior to Sawcut 030000- - Concrete Roche 093013- - Ceramic Tiling Roche (60 SF X $17/SF=$1,020) 220000- - Plumbing Horizon Mechanical Solutions Cost Type Recap: 4 G 200.00 4 G 341.00 4 G 1,020.00 9 S 6,408.00 Subtotal Item 1 7,969.00 Mark up Amount 4 General 9 Subcontracts Liability Insurance Contingency P & P Bond Builders Risk Overhead & Fee 0.00% 0.00% Subtotal Item 1 0.75% 3.00% 0.83°/0 0.25% 2.85% Requested Total For Item 1 Total For Change Order Approved By: Weld County, Colorado Submitted By: Roche Constructors Inc. Signed: Signed: _ 2021.02.16 08:25:42-07'00' Date: Date: 1,561.00 6,408.00 7,969.00 59.77 240.86 68.64 20.85 238.23 8,597.35 8,597.35 Page 1 02/16/21 08:24:59 AM X001 i Breakout Horizon Mechanical Solutions Change Order Request 732 — Weld County Jail C0R Subject: Repair Underground Plumbing in Kitchen Area To Greg Lockwood Roche Constructors, Inc. Return To Details Kira Kummrow Horizon Mechanical Solutions 126 Hemlock St Fort Collins, CO 80524 970-372-0216 970-482-7545 (FAX) kira@horizonmechs.com COR Number: 732-17 COR Revision Number: 0 COR Date: 2/15/2021 Field Work Order / Work Type: T&M Days Valid: 5 Cost i oty ; Line No Code Description i Type I / Rate i / Hrs 1 -Quoted � t . � Purchase Strait Mechanical 1 Subcontractor 1 $5,500 00 1.00 Repair Underground Plumbing in Kitchen Area Workers i Ext Subcontractor : Gross Margin Percent @ 5%: Overhead Percent @ 10%: Bond Percent/Sales Tax g 1.5%: - ! $5500.00 $5,500.00 $275.00 $550.00 $82.50 Total: $6,408.00 Reservation of Rights This COR does not include any amount for impacts such as interference, disruptions, rescheduling, changes in the sequence of work, delays and/or associated acceleration. We expressly reserve the right to submit our request for any of these items. ARCHITECT CONTRACTOR OWNER 801-7-Kitchen-Undergroung-Piping- Repairm.pdf Mu AL LLB: 1000 35 TH STREET EVANS CO 80620 I I s 3 A CHANGE ORDER REQUEST 801-7 To: Horizon Mechanical Solutions Project: Weld CO. Jail 2 Expansion Project No. Description of Change; Repair underground plumbing in kitchen area Labor Labor Type Plumber journeyman Manager Date: 2-15-2021 Man Hrs $/Hr Burden 0% Rate Tax 50.00 65.00 65.00 65.00 65.00 4.00 65.00 65.00 Material & Other System/Descrip Quantity Cost 0.0% Material 1.00 492.00 Equipment Trade/Type Quantity Hour 4% Weld Machine 25.00 Forklift 125.00 Camera & Locate 1 760.00 Subcontracts Description Quantity Cost Sheetmetal Controls Insulation Balance IC PROCESS P Totals 3,250.00 260.00 Sub -Total 3,510.00 Tax Totals 492.00 Sub -Total 492.00 Tax Totals Tax 760.00 Sub -Total 760.00 Totals Sub -Total SM Total Cost Overhead Profit Subcontracts Grand Total »>»>»»» 4,762.00 476.20 261.80 $ 5,500.00 hkMartin Marietta P.O. Box 30013 Raleigh, NC 27622-0013 Visit eRocksTM at www.martinmartetta.cam SOLO TO: ROCHE CONSTRUCTORS INC 361 71ST AVE GREELEY CO 80634 000058 000101 rgIVC 1 Vf I FOR BILLING QUESTIONS PLEASE CALL 720-245-6400 NORTHERN VARIOUS SHIP TO: 2110 0 ST GREELY PAYMENT TERMS: NET 30 DAYS- AIR Ship Date Project 1 Customer PO Cust. No. Invoice Date Invoice No. 01/08/2021 NORTHERN VARIOUS 639065 01/1112021 30905835 Business Unit Ticket Number Description Quantity UM Unit Price Amount 16417 755-75045463 A4785 - 4500 PSI i 1'5a CY 130.00 195,00 ENVIRONMENTAL SERVICE FEE 1.50 CY 1.75 2.63 FUEL SURCHARGE-CY 150 CY 1.50 2.25 WINTER CONCRETE CHARGE 1.50 CY 3.50 5.25 MINIMUM LOAD 100 EA 17500 175.00 CO 2.900% 11.03 WELD 0.000% 0.00 GREELEY 4.110% 15.62 DISTRICT TAX 0.000% 0.00 Total Tax 26.65 /11 TOTAL 1.50 INVOICE TOTAL $406.78 DETACH and Include this Return Portion with Payment 1 6 s6-' Martin 3L\14..2. Aokl Marietta REMIT TO: MATERIALS MARTIN MARIETTA CUSTOMER: 639065 ROCHE CONSTRUCTORS I P O Box 677061 INVOICE NUMBER: 30905835 Dallas TX 75267-7061 PAYMENT DUE $406.78 Call or go online to report possible wrongdoing or to obtain For all other clarification on ethical matter 1-800-209-4508 www.martinmarietta alertline.com. questions call the billing number above. PLEASE NOTIFY US OF ANY ALTERATIONS YOU MAKE TOWARDS THE INVOICE AMOUNT 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 7, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Weld Jail 2 -West Expansion — Design Build Amendment (Bid #B1800059) Weld County awarded the design -build bid for the Weld County Jail 2 -West Expansion to Roche Constructors through Bid #61800059. The design phase is complete. The cost of work has been established and reviewed with the BOCC at a work session on February 25, 2019. To finalizing the guaranteed maximum price (GMP) and proceed with the construction phase, an amendment is warranted. The guaranteed maximum price (GMP) for the construction phase has been reviewed and is $37,249,858.07. Buildings & Grounds is recommending approval of this amendment for a guaranteed maximum price with a stipulated sum of $37,249,858.07 and bringing the entire design -build contract to $43,634,832. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director c-c-3C9C--cT 1SCo) O3(t3119 31 1 q ,5Goc Do IDocument A141" - 2014 Exhibit A Design -Build Amendment This Amendment is incorporated into the accompanying AIA Document A141TM-2014, Standard Form of Agreement Between Owner and Design -Builder dated the 18th day of February in the year 2019 (the "Agreement") (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) Jail 2 West Expansion 2110 O Street Greeley, CO 80631 THE OWNER: (Name, legal status and address) Weld County Department of Buildings & Grounds 1105 H Street P.O. Box 758 Greeley, co 80632 THE DESIGN -BUILDER: (Name, legal status and address) Roche Constructors, Inc. 361 7151 Avenue Greeley, CO 80634 The Owner and Design -Builder hereby amend the Agreement as follows. TABLE OF ARTICLES A.1 CONTRACT SUM A.2 CONTRACT TIME A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 DESIGN -BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS A.5 COST OF THE WORK ARTICLE A.1 CONTRACT SUM § A.1.1 The Owner shall pay the Design -Builder the Contract Sum in current funds for the Design -Builder's performance of the Contract after the execution of this Amendment. The Contract Sum shall be one of the following and shall not include compensation the Owner paid the Design -Builder for Work performed prior to execution of this Amendment: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section A.1.2 below ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. 001$- OS' t3C(� 11111. AIA Document A141 TM - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA= Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any ion 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 t uced by AIA software at 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) 1 [ ] Cost of the Work plus the Design -Builder's Fee, in accordance with Section A.1.3 below [ ] Cost of the Work plus the Design -Builder's Fee with a Guaranteed Maximum Price, in accordance with Section A.1.4 below (Based on the selection above, complete Section A.1.2, A.1.3 or A.1.4 below.) § A.1.2 Stipulated Sum § A.1.2.1 The Stipulated Sum shall be Forty three million, six hundred thirty four thousand, eight hundred thirty two and no/100 ($ 43,634,832.00 ), subject to authorized adjustments as provided in the Design -Build Documents. The current contract amount is $6,384,973.93; this amendment will increase the contract amount by $37,249,858.07, for a total contract amount of $43,634,832.00. § A.1.2.2 The Stipulated Sum is based upon the following alternates, if any, which are described in the Design -Build Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Owner is permitted to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the change in Stipulated Sum for each and the deadline by which the alternate must be accepted.) N/A § A.1.2.3 Unit prices, if any: (Identify item, state the unit price, and state any applicable quantity limitations.) Item Units and Limitations Price per Unit ($0.00) § A.1.3 Cost of the Work Plus Design -Builder's Fee § A.1.3.1 The Cost of the Work is as defined in Article A.5, Cost of the Work. § A.1.3.2 The Design -Builder's Fee: (State a lump sum, percentage of Cost of the Work or other provision. for determining the Design -Builder's Fee, and the method for adjustment to the Fee for changes in the Work.) N/A § A.1.4 Cost of the Work Plus Design -Builder's Fee With a Guaranteed Maximum Price § A.1.4.1 The Cost of the Work is as defined in Article A.5, Cost of the Work. § A.1.4.2 The Design -Builder's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Design -Builder's Fee and the method for adjustment to the Fee for changes in the Work.) N/A § A.1.4.3 Guaranteed Maximum Price § A.1.4.3.1 The sum of the Cost of the Work and the Design -Builder's Fee is guaranteed by the Design -Builder not to exceed ($ ), subject to additions and deductions for changes in the Work as provided in the Design -Build Documents. Costs that would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design -Builder without reimbursement by the Owner. (Insert specific provisions if the Design -Builder is to participate in any savings.) N/A Init. AIA Document A141" — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any 111crtion 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 oduced by AIA software at 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) § A.1.4.3.2 Itemized Statement of the Guaranteed Maximum Price Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Design -Builder's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide information below or reference an attachment.) N/A § A.1.4.3.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Design -Build Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Owner is permitted to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the change in the Cost of the Work and Guaranteed Maximum Price for each and the deadline by which the alternate must be accepted.) N/A § A.1.4.3.4 Unit Prices, if any: (Identifyitem, state the unit price, and state any applicable quantity limitations.) Item Units and Limitations Price per Unit ($0.00) § A.1.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: N/A § A.1.5 Payments § A.1.5.1 Progress Payments § A.1.5.1.1 Based upon Applications for Payment submitted to the Owner by the Design -Builder, the Owner shall make progress payments on account of the Contract Sum to the Design -Builder as provided below and elsewhere in the Design -Build Documents. § A.1.5.1.2 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 § A.1.5.1.3 Provided that an Application for Payment is received not later than the last day of the month, the Owner shall make payment of the certified amount to the Design -Builder not later than the 15th day of the following month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than fifteen ( 15 ) days after the Owner receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § A.1.5.1.4 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Design -Builder shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Design -Builder on account of the Cost of the Work equal or exceed (1) progress payments already received by the Design -Builder, less (2) that portion of those payments attributable to the Design -Builder's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § A.1.5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price, the Design -Builder shall submit the most recent schedule of values in accordance with the Design -Build Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. Compensation for design services, if any, shall be shown separately. Where the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, the Design -Builder's Fee shall be shown separately. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing the Design -Builder's Applications for Payment. AIA Document A141"' — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 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 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) § A.1.5.1.6 In taking action on the Design -Builder's Applications for Payment, the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design -Builder and shall not be deemed to have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Sections A.1.5.1.4 or A.1.5.1.5, or other supporting data; to have made exhaustive or continuous on -site inspections; or to have made examinations to ascertain how or for what purposes the Design -Builder has used amounts previously paid. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § A.1.5.1.7 Except with the Owner's prior approval, the Design -Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § A.1.5.2 Progress Payments —Stipulated Sum § A.1.5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § A.1.5.2.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 %) on the Work. Pending final determination of cost to the Owner of Changes in the Work, amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement; .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, the Owner has withheld or nullified, as provided in Section 9.5 of the Agreement. § A.1.5.2.3 The progress payment amount determined in accordance with Section A.1.5.2.2 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner shall detennine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.6 of the Agreement discusses release of applicable retainage upon Substantial Completion of Work.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Design -Builder, any additional amounts payable in accordance with Section 9.10.3 of the Agreement. § A.1.5.2.4 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 A.1.5.2.2.1 and A.1.5.2.2.2 above, and this is not explained elsewhere in the Design -Build Documents, insert provisions here for such reduction or limitation.) N/A § A.1.5.3 Progress Payments —Cost of the Work Plus a Fee § A.1.5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price, Applications for Payment shall show the Cost of the Work actually incurred by the Design -Builder through the end of the period covered by the Application for Payment and for which Design -Builder has made or intends to make actual payment prior to the next Application for Payment. § A.1.5.3.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Article A.5 of this Amendment; Init.AIA Document A141 TM - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any ortion 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 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) .2 Add the Design -Builder's Fee, less retainage of percent ( %). The Design -Builder's Fee shall be computed upon the Cost of the Work described in the preceding Section A.1.5.3.2.1 at the rate stated in Section A.1.3.2; or if the Design -Builder's Fee is stated as a fixed sum in that Section, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work in that Section bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract retainage of percent ( %) from that portion of the Work that the Design -Builder self -performs; .4 Subtract the aggregate of previous payments made by the Owner; .5 Subtract the shortfall, if any, indicated by the Design -Builder in the documentation required by Section A.1.5.1.4 or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtract amounts, if any, for which the Owner has withheld or withdrawn a Certificate of Payment as provided in the Section 9.5 of the Agreement. § A.1.5.3.3 The Owner and Design -Builder shall agree upon (1) a mutually acceptable procedure for review and approval of payments to the Architect, Consultants, and Contractors and (2) the percentage of retainage held on agreements with the Architect, Consultants, and Contractors, and the Design -Builder shall execute agreements in accordance with those terms. § A.1.5.4 Progress Payments —Cost of the Work Plus a Fee with a Guaranteed Maximum Price § A.1.5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Design -Builder on account of that portion of the Work for which the Design -Builder has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § A.1.5.4.2 Subject to other provisions of the Design -Build Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Design -Builder's Fee, less retainage of percent ( %). The Design -Builder's Fee shall be computed upon the Cost of the Work at the rate stated in Section A.1.4.2 or, if the Design -Builder's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of percent ( %) from that portion of the Work that the Design -Builder self -performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Design -Builder in the documentation required by Section A.1.5.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Owner has withheld or nullified a payment as provided in Section 9.5 of the Agreement. § A.1.5.4.3 The Owner and Design -Builder shall agree upon (1) a mutually acceptable procedure for review and approval of payments to the Architect, Consultants, and Contractors and (2) the percentage of retainage held on agreements with the Architect, Consultants, and Contractors; and the Design -Builder shall execute agreements in accordance with those terms. Init. AIA Document A141 TM - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, 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 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) § A.1.5.5 Final Payment § A.1.5.5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Design -Builder not later than 30 days after the Design -Builder has fully performed the Contract and the requirements of Section 9.10 of the Agreement have been satisfied, except for the Design -Builder's responsibility to correct non -conforming Work discovered after final payment or to satisfy other requirements, if any, which extend beyond final payment. § A.1.5.5.2 If the Contract Sum is based on the Cost of the Work, the Owner's auditors will review and report in writing on the Design -Builder's final accounting within 30 days after the Design -Builder delivers the final accounting to the Owner. Based upon the Cost of the Work the Owner's auditors report to be substantiated by the Design -Builder's final accounting, and provided the other conditions of Section 9.10 of the Agreement have been met, the Owner will, within seven days after receipt of the written report of the Owner's auditors, either issue a final Certificate for Payment, or notify the Design -Builder in writing of the reasons for withholding a certificate as provided in Section 9.5.1 of the Agreement. ARTICLE A.2 CONTRACT TIME § A.2.1 Contract Time, as defined in the Agreement at Section 1.4.13, is the period of time, including authorized adjustments, for Substantial Completion of the Work. § A.2.2 The Design -Builder shall achieve Substantial Completion of the Work not later than ( ) days from the date of this Amendment, 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.) Date of commencement will be 14 calendar days after Design -Build Amendment is executed by Weld County Portion of Work Construction Completion Phase One Construction Completion Phase Two Substantial Completion Date 20 months after commencement 27 months after commencement , subject to adjustments of the Contract Time as provided in the Design -Build 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 A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Contract Sum and Contract Time set forth in this Amendment are based on the following: § A.3.1.1 The Supplementary and other Conditions of the Contract: Document Exhibit A Exhibit B Exhibit C Title Date Contract Documents February 18, 2019 Scope Outline February 12, 2019 OFOI/OFCI Matrix February 18, 2019 § A.3.1.2 The Specifications: (Either list the specifications here or refer to an exhibit attached to this Amendment.) Please reference Exhibit A, Contract Documents dated February 18, 2019 Section Title Pages 5 pages 6 pages 1 page Date Pages § A.3.1.3 The Drawings: (Either list the drawings here or refer to an exhibit attached to this Amendment.) Init. AIA Document A141''' — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA,' ocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`° Document; or any rtion 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 t produced by AIA software at 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. (1178889067) User Notes: i Please reference Exhibit A, Contract Documents dated February 18, 2019 Number Title Date § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner's and Design -Builder's roles and responsibilities associated lvith achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verifj° achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Other identifying information: N/A Date Pages § A.3.1.5 Allowances and Contingencies: (Identify any agreed upon allowances and contingencies, including a statement of their basis.) .1 Allowances N/A .2 Contingencies N/A § A.3.1.6 Design -Builder's assumptions and clarifications: Please reference Exhibit B, Scope Outline dated February 12, 2019 § A.3.1.7 Deviations from the Owner's Criteria as adjusted by a Modification: N/A § A.3.1.8 To the extent the Design -Builder shall be required to submit any additional Submittals to the Owner for review, indicate any such submissions below: N/A ARTICLE A.4 DESIGN -BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS § A.4.1 The Design -Builder's key personnel are identified below: (Identify name, title and contact information.) .1 Superintendent Jake Wichmann .2 Project Manager Init.AIA Document A141 TM - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" ocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any ortion 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 t produced by AIA software at 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) i Greg Lockwood .3 Others N/A § A.4.2 The Design -Builder shall retain the following Consultants, Contractors and suppliers, identified below: (List name, discipline, address and other information.) N/A ARTICLE A.5 COST OF THE WORK § A.5.1 Cost To Be Reimbursed as Part of the Contract § A.5.1.1 Labor Costs § A.5.1.1.1 Wages of construction workers directly employed by the Design -Builder to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § A.5.1.1.2 With the Owner's prior approval, wages or salaries of the Design -Builder's supervisory and administrative personnel when stationed at the site. (If it is intended that the wages or salaries of certain personnel stationed at the Design -Builder's principal or other offices shall be included in the Cost of the Work, identify below the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.) Person Included Status (full-time/part-time) Rate ($0.00) Rate (unit of time) N/A § A.5.1.1.3 Wages and salaries of the Design -Builder's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § A.5.1.1.4 Costs paid or incurred by the Design -Builder for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Section A.5.1.1. § A.5.1.1.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Design -Builder or paid to the Architect or any Consultant, Contractor or supplier, with the Owner's prior approval. § A.5.1.2 Contract Costs. Payments made by the Design -Builder to the Architect, Consultants, Contractors and suppliers in accordance with the requirements of their subcontracts. § A.5.1.3 Costs of Materials and Equipment Incorporated in the Completed Construction § A.5.1.3.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § A.5.1.3.2 Costs of materials described in the preceding Section A.5.1.3.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Design -Builder. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § A.5.1.4 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § A.5.1.4.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Design -Builder at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or Init.AIA Document A141" — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA," Document, or any T rtion 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 / r oduced by AIA software at 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Design -Builder shall mean fair market value. § A.5.1.4.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Design -Builder at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Design -Builder -owned item may not exceed the purchase price of any comparable item. Rates of Design -Builder -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § A.5.1.4.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § A.5.1.4.4 Costs of document reproductions, electronic communications, postage and parcel delivery charges, dedicated data and communications services, teleconferences, Project websites, extranets and reasonable petty cash expenses of the site office. § A.5.1.4.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, with the Owner's prior approval. § A.5.1.5 Miscellaneous Costs § A.5.1.5.1 Premiums for that portion of insurance and bonds required by the Design -Build Documents that can be directly attributed to the Contract. With the Owner's prior approval self-insurance for either full or partial amounts of the coverages required by the Design -Build Documents. § A.5.1.5.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Design -Builder is liable. § A.5.1.5.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design -Builder is required by the Design -Build Documents to pay. § A.5.1.5.4 Fees of laboratories for tests required by the Design -Build Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 15.5.3 of the Agreement or by other provisions of the Design -Build Documents, and which do not fall within the scope of Section A.5.1.6.3. § A.5.1.5.5 Royalties and license fees paid for the use of a particular design, process or product required by the Design -Build Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Design -Build Documents; and payments made in accordance with legal judgments against the Design -Builder resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Design -Builder's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the second to last sentence of Section 3.1.13.2 of the Agreement or other provisions of the Design -Build Documents, then they shall not be included in the Cost of the Work. § A.5.1.5.6 With the Owner's prior approval, costs for electronic equipment and software directly related to the Work. § A.5.1.5.7 Deposits lost for causes other than the Design -Builder's negligence or failure to fulfill a specific responsibility in the Design -Build Documents. § A.5.1.5.8 With the Owner's prior approval, which shall not be unreasonably withheld, legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Design -Builder, reasonably incurred by the Design -Builder after the execution of the Agreement and in the performance of the Work. § A.5.1.5.9 With the Owner's prior approval, expenses incurred in accordance with the Design -Builder's standard written personnel policy for relocation, and temporary living allowances of, the Design -Builder's personnel required for the Work. Init�AlA Document A141 T^ - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA,' Document, or any rtion 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 oduced by AIA software at 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) § A.5.1.5.10 That portion of the reasonable expenses of the Design -Builder's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § A.5.1.6 Other Costs and Emergencies § A.5.1.6.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § A.5.1.6.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. § A.5.1.6.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Design -Builder, Contractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Design -Builder and only to the extent that the cost of repair or correction is not recovered by the Design -Builder from insurance, sureties, Contractors, suppliers, or others. § A.5.1.7 Related Party Transactions § A.5.1.7.1 For purposes of Section A.5.1.7, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Design -Builder; any entity in which any stockholder in, or management employee of, the Design -Builder owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Design -Builder. The term "related party" includes any member of the immediate family of any person identified above. § A.5.1.7.2 If any of the costs to be reimbursed arise from a transaction between the Design -Builder and a related party, the Design -Builder shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Design -Builder shall procure the Work, equipment, goods or service from the related party, as a Contractor, according to the terms of Section A.5.4. If the Owner fails to authorize the transaction, the Design -Builder shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Section A.5.4. § A.5.2 Costs Not to Be Reimbursed as Part of this Contract The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Design -Builder's personnel stationed at the Design -Builder's principal office or offices other than the site office, except as specifically provided in Section A.5.1.1; .2 Expenses of the Design -Builder's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Section A.5.1; .4 The Design -Builder's capital expenses, including interest on the Design -Builder's capital employed for the Work; .5 Except as provided in Section A.5.1.6.3 of this Agreement, costs due to the negligence or failure of the Design -Builder, Contractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Section A.5.1; and .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. § A.5.3 Discounts, Rebates, and Refunds § A.5.3.1 Cash discounts obtained on payments made by the Design -Builder shall accrue to the Owner if (1) before making the payment, the Design -Builder included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Design -Builder with which to make payments; otherwise, cash discounts shall accrue to the Design -Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Design -Builder shall make provisions so that they can be obtained. § A.5.3.2 Amounts that accrue to the Owner in accordance with Section A.5.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. Init. AIA Document A141" — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AiA"' Document, or any portion of it, 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 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. serNotes: (1178889067) § A.5.4 Other Agreements § A.5.4.1 When the Design -Builder has provided a Guaranteed Maximum Price, and a specific bidder (1) is recommended to the Owner by the Design -Builder; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Design -Build Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Design -Builder may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Design -Builder and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § A.5.4.2 Agreements between the Design -Builder and Contractors shall conform to the applicable payment provisions of the Design -Build Documents, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If an agreement between the Design Builder and a Contractor is awarded on a cost plus a fee basis, the Design -Builder shall provide in the agreement for the Owner to receive the same audit rights with regard to the Cost of the Work performed by the Contractor as the Owner receives with regard to the Design -Builder in Section A.5.5, below. § A.5.4,3 The agreements between the Design -Builder and Architect and other Consultants identified in the Agreement shall be in writing. These agreements shall be promptly provided to the Owner upon the Owner's written request. § A.5.5 Accounting Records The Design -Builder shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under the Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Design -Builder's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Contractor's proposals, purchase orders, vouchers, memoranda and other data relating to the Contract. The Design -Builder shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. § A.5.6 Relationship of the Parties The Design -Builder accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to exercise the Design -Builder's skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. This Amendment to the Agreement entered into as of the day and year first written above. Barbara Kirkmeyer, Chair, Board of Weld County Commissioners (Printed name and title) NER (Signature) �yf 1 ;r'. �tva DESIGN -BUILDER (Signature) Thomas J. Roche, President & CEO,Roche Constructors, Inc. (Printed name and title) 00 (.K-08'13(1) Init. AIA Document A141" — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA°" Document, or any --7-7ortion 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 roduced by AIA software at 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) 11 RE: WELD JAIL 2 WEST EXPANSION - DESIGN BUILD AMENDMENT (BID #61800059) APPROVED AS T _SUBSTANCE: Elected Official or Department Head Controller APPROVED AS TO FORM: erCounty Attorn Additions and Deletions Report for AIA® Document A 141 m — 2014 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author 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 AIA 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 AIA software at 10:23:40 ET on 03/07/2019. PAGE This Amendment is incorporated into the accompanying AIA Document A141Tm-2014, Standard Form of Agreement Between Owner and Design -Builder dated the 18th day of February in the year 2019 (the "Agreement") Jail 2 West Expansion 2110 O Street Greeley, CO 80631 (Name, legal status and address) Weld County Department of Buildings & Grounds 1105 H Street P.O. Box 758 Greeley, co 80632 Roche Constructors, Inc. 361 71" Avenue Greeley, CO 80634 [ X ] Stipulated Sum, in accordance with Section A.1.2 below PAGE 2 § A.1.2.1 The Stipulated Sum shall be Forty three million, six hundred thirty four thousand, eight hundred thirty two and no/100 ($ 43,634,832.00), subject to authorized adjustments as provided in the Design -Build Documents. The current contract amount is $6,384,973.93; this amendment will increase the contract amount by $37,249,858.07, for a total contract amount of $43,634,832.00. N/A N/A Additions and Deletions Report for AIA Document A141 TM - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible wider the law. This document was produced by AIA software at 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) N/A N/A PAGE 3 N/A N/A N/A N/A § A.1.5.1.3 Provided that an Application for Payment is received not later than the last day of the month, the Owner shall make payment of the certified amount to the Design -Builder not later than the 15th day of the following month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than fifteen ( 15 ) days after the Owner receives the Application for Payment. PAGE 4 .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 %) on the Work. Pending final determination of cost to the Owner of Changes in the Work, amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement; .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 %); N/A PAGE 6 Date of commencement will be 14 calendar days after Design -Build Amendment is executed by Weld County Construction Completion Phase One 20 months after commencement Construction Completion Phase Two 27 months after commencement N/A Additions and Deletions Report for AIA Document A141" — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 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 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) Exhibit A Exhibit B Exhibit C Contract Documents Scope Outline OFOI/OFCI Matrix February 18, 2019 February 12, 2019 February 18, 2019 Please reference Exhibit A, Contract Documents dated February 18, 2019 PAGE 7 Please reference Exhibit A, Contract Documents dated February 18, 2019 N/A N/A N/A Please reference Exhibit B, Scope Outline dated February 12, 2019 N/A N/A Jake Wichmann PAGE 8 Greg Lockwood N/A N/A N/A PAGE 11 5 pages 6 pages 1 page Barbara Kirkmeyer, Chair, Board of Weld County Thomas J. Roche, President & CEO,Roche Additions and Deletions Report for AIA Document A141 TM - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA% Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, 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 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) Commissioners Constructors, Inc. Additions and Deletions Report for AIA Document A141 TM - 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, 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 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) Certification of Document's Authenticity AIA® Document D401111 - 2003 I, , 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 10:23:40 ET on 03/07/2019 under Order No. 8452847205 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAM' Document A 141 TM - 2014 Exhibit A, Design -Build Amendment , as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) Thomas J. Roche President & CEO (Title) March 7, 2019 (Dated) AIA Document D401" — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA4' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 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 10:23:40 ET on 03/07/2019 under Order No.8452847205 which expires on 12/04/2019, and is not for resale. User Notes: (1178889067) EXHIBIT A - CONTRACT DOCUMENTS WELD COUNTY JAIL 2 WEST EXPANSION PROJECT NO. 18024 PROJECT MANUAL (SPECIFICATIONS): Weld County Jail 2 -West Project Specifications 1/7/2019 Geotechnical Engineering Report by Northern Colorado Geotech 3/15/2018 ADDENDA: Addendum No. 1 1/29/2019 Drawing No. Drawing Name Revision Date GENERAL G0.1 Project Cover Sheet & Directory 1/8/2019 G0.2 Sheet Index and Notes 1/8/2019 CIVIL Cl Title and Index Sheet 1/8/2019 C2 Removal & Replacements Plan 1/8/2019 C3 Grading & Erosion Control Plan 1/8/2019 C4 Areaway Drain A & Roof Drain D Plan and Profile A, B, C Plan View 1/8/2019 C5 Water Service, Fire Line & Sanitary Service - Plan & Profile 1/8/2019 C6 Driveway Curb & Gutter & O Street Right Turn Lane Layout 1/8/2019 C7 General Notes & Miscellaneous Details 1/8/2019 C8 Miscellaneous Details 1/8/2019 C9 Miscellaneous Details 1/8/2019 C10 Miscellaneous Details 1/8/2019 C11 Miscellaneous Details 1/8/2019 C12 Miscellaneous Details 1/8/2019 ARCHITECTURAL DEMOLITION AD1.1 Demolition Floor Plan 1/8/2019 AD1.2 Demolition Reflected Ceiling Plan 1/8/2019 ARCHITECTURAL A0.1 Architectural Site Plan 1/8/2019 Al.1 Code Study 1/8/2019 A1.1A Life Safety Plan - First Floor 1/8/2019 A1.1B Life Safety Plan - Second Floor 1/8/2019 A1.1C Life Safety Plan - Third Floor 1/8/2019 A1.1D Fireproofing UL Assembly 1/8/2019 A1.1E Fireproofing UL Assembly 1/8/2019 A1.1F Fireproofing UL Assembly 1/8/2019 A1.1G General Accessibility Details & Notes 1/8/2019 A1.2 Wall Types 1/8/2019 A1.3 Wall, Floor, Roof, Column Types 1/8/2019 A2.1 First Floor Plan 1/8/2019 A2.1A First Floor - Dimension Plan 1/8/2019 A2.1 B First Floor - Finish Plan 1/8/2019 A2.1C First Floor Reflected Ceiling Plan 1/8/2019 A2.2 Second Floor Plan 1/8/2019 A2.2A Second Floor - Dimension Plan 1/8/2019 2/18/19 Page 1 of 5 EXHIBIT A - CONTRACT DOCUMENTS WELD COUNTY JAIL 2 WEST EXPANSION PROJECT NO. 18024 A2.2B Second Floor- Finish Plan 1/8/2019 A2.2C Second Floor Reflected Ceiling Plan 1/8/2019 A2.3 Third Floor Plan 1/8/2019 A2.3A Third Floor - Dimension Plan 1/8/2019 A2.3B Third Floor - Finish Plan 1/8/2019 A2.3C Third Floor Reflected Ceiling Plan 1/8/2019 A2.4 Kitchen/Food Prep Plan 1/8/2019 A2.4A Kitchen/Food Prep Reflected Ceiling Plan 1/8/2019 A2.5 Second Floor Plan - Duct Penetration Locations 1/8/2019 A2.6 Roof Plan 1/8/2019 A3.1 Exterior Building Elevations 1/8/2019 A3.2 Exterior Building Elevations 1/8/2019 A4.1 Building Sections 1/8/2019 A4.2 Wall Sections 1/8/2019 A4.3 Wall Sections 1/8/2019 A4.4 Wall Sections 1/8/2019 A4.5 Wall Sections 1/8/2019 A4.6 Wall Sections 1/8/2019 A5.0 Enlarged Elevator & Stair Plans 1/8/2019 A5.1 Elevator 1 & Stair 1 Wall Sections 1/8/2019 A5.2 Elevator 2 & Stair 2 Wall Sections 1/8/2019 A5.3 Elevator 3 & Stair 3 Wall Sections 1/8/2019 A5.4 Stair 4 Sections & Typ. Elevator/Stair Details 1/8/2019 A5.5 Pod Dayroom & Exterior Stair Sections & Details 1/8/2019 A5.6 1st Floor Typical Pod - Enlarged Plans & Elevations 1/8/2019 A5.7 2nd Floor + Mezzanine Typical Pod - Enlarged Plan & Elevations 1/8/2019 A5.8 3rd Floor Close Watch 1/8/2019 A6.0 Enlarged Plans & Interior Elevations 1/8/2019 A6.1 Enlarged Plans & Interior Elevations 1/8/2019 A6.2 Enlarged Plans & Interior Elevations 1/8/2019 A6.3 Enlarged Plans & Interior Elevations 1/8/2019 A6.4 Enlarged Plans & Interior Elevations 1/8/2019 A7.1 Enlarged Section Details 1/8/2019 A7.2 Enlarged Section Details 1/8/2019 A7.3 Accessories Schedule & Interior Details 1/8/2019 A7.4 Close Watch Details 1/8/2019 A8.1 Door Schedule - Fir 1 1/8/2019 A8.2 Door Schedule - Fir 2 1/8/2019 A8.3 Door Schedule - Fir 2 Mezz, Fir 3 1/8/2019 A8.4 Door & Window Elevations & Details 1/8/2019 A9.1 Room Finish Schedule - Fir 1 1/8/2019 A9.2 Room Finish Schedule - Fir 2 1/8/2019 A9.3 Room Finish Schedule - Fir 2 Mezz, Fir 3 1/8/2019 STRUCTURAL (typo on date of drawings, should be 2019) S0.01 Notes 1/8/2018 S0.02 Notes and Special Inspection 1/8/2018 S0.03 Load Maps 1/8/2018 2/18/19 Page 2 of 5 EXHIBIT A - CONTRACT DOCUMENTS WELD COUNTY JAIL 2 WEST EXPANSION PROJECT NO. 18024 S1.00 Foundation Plan 1/8/2018 S1.01 Second Floor Framing Plan 1/8/2018 S1.02 Third Floor Framing Plan 1/8/2018 S1.03 Roof Framing Plan 1/8/2018 S2.40 First Floor Kitchen Remodel 1/8/2018 S3.00 Typical Concrete Details 1/8/2018 S3.01 Details 1/8/2018 S4.00 Masonry Details 1/8/2018 S4.10 Masonry Details 1/8/2018 S4.20 Masonry Details 1/8/2018 S5.00 Typical Steel Details 1/8/2018 S5.10 Typ Steel Beam Conns - LRFD 1/8/2018 S5.11 Typ Steel Beam Conns - LRFD 1/8/2018 S5.20 Typical Slab on Metal Deck Details 1/8/2018 S5.21 Typical Roof Deck Details 1/8/2018 S5.30 Sections 1/8/2018 S5.40 CF Framing Details 1/8/2018 MECHANICAL M0.1 Index, Legend and Notes 1/8/2019 M0.2 Mechanical Schedules 1/8/2019 M0.3 Mechanical Schedules 1/8/2019 M0.4 Mechanical Diagrams 1/8/2019 M0.5 Mechanical Diagrams 1/8/2019 M1.0 First Floor Site Plan 1/8/2019 M1.1 Overall Reference Smoke Control Plan 1/8/2019 M2.1 First Floor Plan - Mechanical 1/8/2019 M2.2 Second Floor Plan - Mechanical 1/8/2019 M2.3 Third Floor Plan - Mechanical 1/8/2019 M2.4 Roof Plan - Mechanical 1/8/2019 M3.1 Enlarged First Floor Mech Chase Plans 1/8/2019 M3.2 Enlarged Second Floor Mech Chase Plans 1/8/2019 M3.3 Enlarged Third Floor Mech Chase Plans 1/8/2019 M3.4 Enlarged First Floor Mechanical Plans 1/8/2019 M3.5 Enlarged First Floor Mechanical Plans 1/8/2019 M3.6 Enlarged First Floor Mechanical Plans 1/8/2019 M3.7 Enlarged Second Floor Mechanical Plans 1/8/2019 M3.8 Enlarged Second Floor Mechanical Plans 1/8/2019 M3.9 Enlarged Second Floor Mechanical Plans 1/8/2019 M3.10 Enlarged Third Floor Mechanical Plans 1/8/2019 M3.11 Enlarged Third Floor Mechanical Plans 1/8/2019 M3.12 Enlarged Third Floor Mechanical Plans 1/8/2019 M4.1 Phase 1 - Enlarged Kitchen Plan - Demo 1/8/2019 M4.2 Phase 1 - Enlarged Kitchen Plan - New 1/8/2019 M4.3 Phase 1 - Level 2 and Roof - Mechanical 1/8/2019 PLUMBING P0.1 Index, Legend and Notes 1/8/2019 2/18/19 Page 3 of 5 EXHIBIT A - CONTRACT DOCUMENTS WELD COUNTY JAIL 2 WEST EXPANSION PROJECT NO. 18024 P0.2 Plumbing Schedules 1/8/2019 P1.1 Plumbing Diagrams 1/8/2019 P2.0 Plumbing Site Plan 1/8/2019 P2.1 First Floor Water and Gas Plan 1/8/2019 P2.1A First Floor Waste and Vent Plan 1/8/2019 P2.2 Second Floor Plumbing Plan 1/8/2019 P2.3 Third Floor Plumbing Plan 1/8/2019 P2.7 Roof Plumbing Plan 1/8/2019 P3.1 Enlarged First Floor Mech Chase Domestic Water Plans 1/8/2019 P3.2 Enlarged First Floor Mech Chase Waste and Vent Plans 1/8/2019 P3.3 Enlarged Second Floor Mech Chase Domestic Water Plans 1/8/2019 P3.4 Enlarged Second Floor Mech Chase Waste and Vent Plans 1/8/2019 P3.5 Enlarged Third Floor Mech Chase Domestic Water Plans 1/8/2019 P3.6 Enlarged Third Floor Mech Chase Waste and Vent Plans 1/8/2019 P3.7 Enlarged Boiler Rooms Plans 1/8/2019 P3.8 First Floor Enlarged Water and Gas Plans 1/8/2019 P3.9 First Floor Enlarged Waste and Vent Plans 1/8/2019 P3.10 Second Floor Enlarged Water and Gas Plans 1 /8/2019 P3.11 Second Floor Enlarged Water and Gas Plans 1/8/2019 P3.12 Second Floor Enlarged Waste and Vent Plans 1/8/2019 P3.13 Second Floor Enlarged Waste and Vent Plans 1/8/2019 P3.14 Third Floor Enlarged Water and Gas Plans 1/8/2019 P3.15 Third Floor Enlarged Water and Gas Plans 1/8/2019 P3.16 Third Floor Enlarged Waste and Vent Plans 1/8/2019 P3.17 Third Floor Enlarged Waste and Vent Plans 1/8/2019 P4.1 Enlarged Kitchen Plan Water and Gas - Demo 1/8/2019 P4.2 Enlarged Kitchen Plan Waste and Vent - Demo 1/8/2019 P4.3 Enlarged Kitchen Plan Water and Gas - New 1/8/2019 P4.4 Enlarged Kitchen Plan Waste and Vent - New 1/8/2019 P4.5 Phase 1 - Level 2 and Roof - Plumbing 1/8/2019 P5.1 Domestic Water Isometrics 1/8/2019 P5.2 Waste and Vent Isometrics 1/8/2019 ELECTRICAL E0.1 Index, Legend, Index and Schedules 1/8/2019 E0.2 Electrical Comcheck 1/8/2019 E0.3 Electrical One -Line 1/8/2019 E0.4 Electrical Diagrams 1/8/2019 E0.10 Electrical Schedules 1/8/2019 E0.11 Electrical Schedules 1/8/2019 E0.12 Electrical Schedules 1/8/2019 E0.13 Electrical Schedules 1/8/2019 E0.14 Electrical Schedules 1/8/2019 E0.15 Electrical Schedules 1/8/2019 E1.1 Electrical Site Plan 1/8/2019 E2.1 First Floor Lighting Plan 1/8/2019 E2.2 Second Floor Lighting Plan 1/8/2019 E2.3 Third Floor Lighting Plan 1/8/2019 2/18/19 Page 4 of 5 EXHIBIT A - CONTRACT DOCUMENTS WELD COUNTY JAIL 2 WEST EXPANSION PROJECT NO. 18024 E3.1 First Floor Power Plan 1/8/2019 E3.2 Second Floor Power Plan 1/8/2019 E3.3 Third Floor Power Plan 1/8/2019 E3.4 Roof Electrical Plan 1/8/2019 E3.5 Electrical Enlarged Plans 1/8/2019 E3.6 Electrical Englarged Plans 1/8/2019 E4.1 First Floor Security Raceway Plan 1/8/2019 E4.2 Second Floor Security Raceway Plan 1/8/2019 E4.3 Third Floor Security Raceway Plan 1/8/2019 E5.1 Kitchen Electrical Plan 1/8/2019 FOOD SERVICES FS.101 Kitchen Equipment Layout 1/8/2019 FS.102 Kitchen Mechanical/Plumbing 1/8/2019 FS.103 Kitchen Electrical 1/8/2019 FS.104 Kitchen Exhaust Hood 1/8/2019 FS.105 Kitchen Exhaust Hood 1/8/2019 FS.106 • Kitchen Exhaust Hood 1/8/2019 FS.501 Kitchen General Notes 1/8/2019 SECURITY SE000 Cover Sheet 1/8/2019 SE001 Symbol Legend 1/8/2019 SE100 Security Floor Plan - First Floor - 2 West 1/8/2019 SE101 Security Floor Plan - Second Floor - 2 West 1/8/2019 SE102 Security Floor Plan - Third Floor - 2 West 1/8/2019 SE103 Security Floor Plan - Roof Plan - 2 West 1/8/2019 SE200 Enlarged Floor Plans - Equipment & Master Control Room 1/8/2019 SE300 Functional Block Diagrams 1/8/2019 SE301 Functional Block Diagrams 1/8/2019 SE302 Functional Block Diagrams 1/8/2019 SE303 Functional Block Diagrams 1/8/2019 SE304 Functional Block Diagrams 1/8/2019 SE305 Functional Block Diagrams 1/8/2019 SE306 Functional Block Diagrams 1/8/2019 SE400 Wiring Diagrams - UPS Power 1/8/2019 SE401 Wiring Diagrams - UPS Battery Configuration 1/8/2019 SE500 Device Details - Miscellaneous 1/8/2019 SE501 Device Details - Miscellaneous 1/8/2019 2/18/19 Page 5 of 5 Weld County Jail 2 West Addition Greeley, CO February 12, 2019 EXHIBIT B - SCOPE OUTLINE General Requirements for the Entire Project Inclusions • Project supervision and administration • Safety and first aid • Construction fee • Punch list and close out • Umbrella, Workers Comp. and General Liability Insurance • A contingency of 3% has been included. Roche Constructors shall have exclusive use of this contingency to cover design errors and unanticipated costs, not covered in subcontract scopes or covered under a specific budget item. • This scope letter is in conjunction with documents provided by Hauser Architects dated 12/10/2018, geotechnical evaluation by Northern Colorado Geotech dated 3/15/2018 and estimate provided by Roche dated 2/8/2019. • Any scope changes requested by the County / Sheriff's office will result in a change order Exclusions • Building permits and fees • Sewer, water, storm drainage fees • Tap fees • Site development fees • Taxes • Commerce taxes • Any dry utility (power, gas, phone or fiber) scope or fees for creation or termination of the existing services and new service • All costs for testing and quality control • Third -party material testing fees • Special inspections & materials testing • Roche Constructors will manage • Provisions for hazardous materials testing or inspection as defined by OSHA and EPA • Excludes removal of any hazardous materials including but not limited to: • PCB, asbestos, radon, lead paint removals • Temporary phone, power and water setup and consumption charges • Prevailing wage rates • Manned site security or surveillance equipment & services • Commissioning of building systems (will coordinate with CxA) Division 01 — General Inclusions • Mobilization • Temporary facilities • Dumpsters • Office trailer Page 1 of 6 Weld County Jail 2 West Addition Greeley, CO February 12, 2019 Division 02 - Sitework / Demolition Inclusions • Site demolition as noted on civil drawings • Interior demolition as noted on AD1.1 and AD1 .2 • Temporary barricading, dust protection • Site clearing, cut / fill, export • Erosion control measures, maintenance and removal • Asphalt paving • Asphalt patching for utility work • Underground water, sewer & storm service • Foundation drain • Temporary and permanent seeding as shown on civils and architecturals • Removal of existing interior fence • Gerbil run fencing Exclusions • Import of structural fill • Work on "O" Street, this scope was previously completed • Striping & signage (none shown) Division 03 — Concrete Inclusions • Site concrete / exterior concrete work • Foundation concrete • Flatwork / interior concrete work • Reinforcing steel • Architectural precast sills • Close -watch bunks Exclusions • Epoxy crack injection • Colored / stamped concrete • Colored precast concrete Division 04 — Masonry Inclusions • Structural masonry - interior & exterior walls • Infill walls & new walls at kitchen • Foamed in place insulation • Masonry reinforcement • Shoring & bracing Exclusions • Brick veneer 7 ; Page 2 of 6 Weld County Jail 2 West Addition Greeley, CO February 12, 2019 • Trash enclosures Division 05 - Steel Inclusions • Structural steel columns, beams, lintels and associated connection plates • Mechanical frame angles • Structural joists & decking • Mezzanine framing & grating • Catwalk (mechanical chase) framing & grating • Metal canopies • Metal mesh at Airpod ceilings • Stair cores, ship's ladder Exclusions • Special coatings • Continuous weld of metal deck at mezzanine ceiling • Burglar bars at RTUs, skylights, roof penetrations Division 06 — Carpentry Inclusions • In -wall blocking • Parapet cap & roof penetration blocking • Plastic laminate cabinets & countertops • Master control desks (included by DEC) • Stainless countertops & windows at professional visitation rooms (included by DEC) Exclusions • Window sills • Solid surface countertops • Upholstered furniture • Dayroom officer desks / counters (FFE) • Admin area desks / counters (FFE) • Plastic laminate is assumed to be per manufacturer's standard color selection Division 07 — Thermal & Moisture Protection Inclusions • Joint sealants at door frames, masonry control joints, vanity backsplashes, louvers • Detention grade sealants in dayrooms & cells • Sanitary sealants at food service areas as required by health department • Foundation dampproofing at uninhabited areas below grade • Foundation waterproofing at inhibited areas below grade • Spray -applied fireproofing at structural steel as required by code • Firestopping at tops of rated walls • EPDM Single ply roof system R-40 minimum • Flashing & sheet metal, parapet caps, scuppers, downspouts Page 3 of 6 Weld County Jail 2 West Addition Greeley, CO February 12, 2019 • Standing seam roofing & wall panels at sallyport • Roof hatches Exclusions • Mechanical screens • Metal composite wall panels Division 08 - Doors and Windows Inclusions • Architectural hollow metal and wood doors & frames as scheduled • Detention grade hollow metal doors & frames as scheduled • Architectural and detention grade window frames & glazing • Restroom mirrors • Sectional overhead doors • Operable partitions • Skylights Exclusions • Window treatments • Burglar bars at skylights • Window tinting / graphics Division 09 — Finishes Inclusions • Metal stud framed walls, new walls at kitchen • Soffit and bulkhead framing • Hard lid ceilings • Dayroom and admin area column wraps • Acoustical ceiling at locations indicated on RCP • Batt insulation at walls where scheduled • Firestopping and fire caulking at walls where scheduled • Floor finishes as indicated on the floor finish plan(s) • Fluid applied flooring is included at inmate shower • Floor and wall the at locations indicated • Resilient flooring (VCT, VSF) at areas scheduled • Floor prep • Painting of walls, doors, ceilings and soffits • Concrete sealer as indicated • New CMU walls in existing facility Exclusions • Special Finishes • Level 5 finish • Plaster ceilings • Walk -off mats - none shown • Exterior painting of masonry, specified as integral colored w/ water repellant Page 4 of 6 Weld County Jail 2 West Addition Greeley, CO February 12, 2019 Division 10 - Specialties Inclusions • Writable wall surfaces per specification • Metal toilet partitions & screens • Toilet accessories per schedule • Stainless and vinyl corner guards per schedule • Signage (interior & exterior) per specification • Fire extinguishers per schedule • Metal lockers • TV Brackets for OFOI Flatscreen TVs Exclusions • Overhead structural bracing of metal toilet partitions • Cubicle curtain & track - none found • Installation of OFOI toilet paper & soap dispensers Division 11 — Equipment Inclusions • Detention equipment • Food service equipment Exclusions • Appliances - residential or commercial - there was one dishwasher left on the schedule. If this is truly correct, Roche will donate it. Division 12 — Furnishings • Furnishings are largely excluded, previously discussed and scheduled as FFE Specific Exclusions • Site furnishings - in general - none shown or already existing • Window coverings Division 13 — Fire Protection Inclusions • Design/ build wet -pipe sprinkler system per NFPA 13, 20 • Fire line is included from water main to b" AFF under utility scope Exclusions • Fire pump • Standpipes • Transfer switch Page 5 of 6 Weld County Jail 2 West Addition Greeley, CO February 12, 2019 • Coverage at sallyport Division 15 — Mechanical Inclusions • Demolition of abandoned HVAC and plumbing as indicated • New plumbing fixtures as indicated • Sanitary, storm (above grade), domestic water and gas piping as noted and shown • HVAC Equipment, air supply & return, controls • Make-up air unit, kitchen hood, grease duct • Ductless mini -split systems • Electric unit and cabinet heaters, exhaust fans • Gas fired DX cooled BTU's, VAV boxes • Ductwork, air distribution • Controls (Setpoint) • Testing 8, balancing Exclusions • Testing or repair of existing equipment to be re -used • "Made in America" material requirement • Concrete encasement of underground mechanical • Seismic restraint systems • Commissioning agent (will coordinate) • Roofing repairs to existing roof Division 16 — Electrical Inclusions • Scope as depicted by the one -line diagram • Power distribution conduit & wire • Conduit, wire and final connections to new mechanical equipment • Electrical fixtures • Fire alarm system • Boxes & conduit to above ceiling for low voltage data / comm • Security electronics to include access control, video surveillance, intercom • Fire department radio amplification system if required • Ladder racking & horizontal cabling for SEC at MDF and IDF rooms • Generator and UPS Exclusions • Horizontal cabling & ladder racking for data/ comm • A/V Equipment • Modification of existing security system • Lightning protection Page 6 of 6 February 18, 2019 Weld County Jail 2 West Exhibit C - OFOI/OFCl/CFCI Matrix Item # Description Furnish Install Comments << Roche Constructors, Inc. 1 Modular furniture- master control desks 2 Modular furniture - cubicles 3 Simulator equipment 4 Washers - commeRocheal 5 Dryers - commeRocheal 6 Washers - dayroom units 7 Dryers - dayroom units 8 Folding tables 9 Gun clearing barrel 10 WiFi & Wireless access points 11 Medical equipment 12 Dental equipment 13 Video confrence equipment 14 Inmate supply storage system 15 Confrence room seating 16 Radio amplification (if required) 17 Dayroom tables 18 Weapons storage 19 Laundry folding tables 20 Kitchen food prep 21 High density storage 22 3rd Party Testing 23 Microwaves 24 Undercounter refrigerators 25 Carpet 26 Minor floor prep for carpet 27 Vinyl reducer strips at carpeted areas 28 Rubber base 29 Dayroom tables? 30 Toilet paper dispensers 31 Paper towel holders 32 Soap dispensers 33 TV Mounting brackets Roche Roche CTY CTY CTY CTY Final electrical connections by Roche CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY Conduit & wiring by Roche CTY CTY CTY CTY (assuming this is not fixed seating) Roche Roche Roche Roche CTY CTY Roche Roche Roche Roche N/A N/A CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY CTY Roche Roche CTY Roche CTY Roche CTY Roche Roche Roche County provided on last phase Weld County Jail Phase 2 West Greeley, CO Friday, February 25, 2019 Roche Constructors, Inc. Executive Summary Summary By Division: Division 1: Architect / Engineer / Consultant Fees Division 2: Sitework Division 3: Concrete Division 4: Masonry Division 5: Steel Division 6: Carpentry Division 7: Thermal & Moisture Protection Division 8: Openings Division 9: Finishes Division 10: Specialties Division 11: Equipment Division 12: Furnishings Division 13: Special Construction Detention equipment Security electronics Steel cells Division 14: Vertical Conveyance Division 15: Mechanical Division 16: Electrical Original GMP 02.08.2019 $ 815,000 $ 1,562,807 $ 2,183,852 $ 3,215,490 $ 3,074,515 $ 587,577 $ 1,367,176 $ 555,630 $ $ 1,910,214 $ $ 151,932 $ $ 434,898 $ $ 343,967 $ 6,554,552 $ $ 3,372,169 $ Revised per County review 02.25.19 4,721,120 $ 3,462,440 $ 5,544,974 $ Delta 815,000 1,604,502 $ 41,695 2,183,852 3,215,490 3,074,515 587,577 1,367,176 589,770 $ 34,140 1,939,571 $ 29,357 151,932 434,898 4,721,120 3,462,440 5,139,712 $ (405,262) 343,967 6,554,552 3,372,169 Cost of work Subtotal: Preconstruction Fee Contingency @ 3% General Conditions Insurance - Builder's Risk & GL Payment & Performance Bond: OH & Fee $ 39,858,313 $ 39,558,243 $ (300,070) $ 25,000 $ 25,000 $ $ 1,195,749 $ 1,186,747 $ (9,002) $ 1,076,805 $ 1,076,805 $ $ 324,284 $ 321,907 $ (2,377) $ 258,836 $ 256,998 $ (1,838) $ 1,253,794 $ 1,209,132 $ (44,662) Project Total: $ 43,992,782 $ 43,634,832 $ (357,949) Page 1 of 1 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 September 18, 2018 To: Board of County Commissioners From: Toby Taylor Subject: 2 -West Jail Expansion — Change Order #1 Bid (B1800059) The Jail addition design -build project was awarded to Roche Constructors. We have had an issue with the pre -fabricated cell manufacturer responding to requests for just getting a quote due to detention business boom. We even had Roche reach out for other alternatives, but nothing meets our specs. After much coordination, we have finally received pricing for the pre-fab cells themselves. Therefore, to proceed with ordering these cells so they can be manufactured and delivered by August 2019, a change order is needed. Change Order #1 is for the purchase and delivery of the pre -fabricated modular inmate cells that meet the specifications. The amount of this change order is $5,544,973.93. Due to the extended time required to construct and deliver the cells, Buildings and Grounds is recommending approval of this change order so Jail construction can remain on schedule. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ',It /et TT/sG q,aze - /g avi 8-)8 f 3 IA Document G701' - 2017 Change Order PROJECT: (Name and address) Jail 2 West Expansion 2110 O Street Greeley, CO 80631 OWNER: (Nance and address) Weld County Department of Buildings & Grounds 1 105 H Street P.O. Box 758 Greeley, co 80632 CONTRACT INFORMATION: Contract For: General Construction Date: April 19, 2018 ARCHITECT: (Nance crud address) Hauser Architects, PC 3760 East 15th Street, Suite 103 Loveland, Colorado 80538 CHANGE ORDER INFORMATION: Change Order Number: 001 Date: September 18, 2018 CONTRACTOR: (Nance and addre ys) Roche Constructors. Inc 361 71st Avenue Greeley, CO 80634-9782 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and if applicable, attach or reference specific exhibits. ,also include agreed upon adjustments attributable to executed Construction Change Directives.) Change Order Request #1 - Procurement of 183 two -inmate housing modules and 18 gang shower modules from Steel Cell of North America; anticipated delivery date of 8 1/19; price includes buying cells through dealer with a discounted price of S107,538 for purchasing cells by 9 30 18. The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be N A 840,000.00 0.00 840,000.00 5,544,973.93 6,384,973.93 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. N A Roche Constructors, Inc. ARCHITECT (Firm 'Janie) SIGNATURE CONTRACTOR (Firm name) N A Greg Lockwood, Senior Project Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE NA DATE -olt-kcs DATE Weld County Board of County Commissioners OWNEly in name) SIGNATURE Steve Moreno, Chair PRINTED NAME AND TITLE sEP 2s 2018 DATE AIA Document G70111" - 2017. Copyright O 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` 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 14:02:31 on 09/18/2018 under Order No. 8033834889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA33) 02O / oii3 RochF rifi\sIts Constructors, Inc Owner : Weld County, Colorado 1105 H Street Greeley, CO 80631 Change Order Request Roche Constructors Inc. 361 71st Avenue Greeley, CO 80634 Phone: 970-356-3611 Project: 18024- / Jail 2 West Expansion 2110 O Street Greeley, CO 80632 PCO Type: PCO Change Order Request # : 1 PCO 1 Procurement of 183 two -inmate housing modules and 18 gang shower modules from Steel Cell of North America; anticipated delivery date of 8/1/19; price includes buying these cells through dealer and a discounted price of $107,538 for purchasing the cells by 9/30/18. Item : 1 PCO 1 Phase Description Cost Type Estimated Cost 111900- - Detention Equipment CML Security Cost Type Recap: 4 G Subtotal Item 1 Mark up 5,139,712.00 5,139,712.00 Amount 4 General 0.00% Subtotal Item 1 Liability Insurance Contingency P & P Bond Builders Risk Overhead & Fee 0.75% 3.00% 0.83% 0.25% 2.85% Requested Total For Item 1 Total For Change Order 5,139,712.00 5,139,712.00 38,547.84 155,347.80 44,268.94 13,444.69 153,652.66 5,544,973.93 5,544,973.93 Steve Moreno, Chair, Board of County Commissioners Approved Bye, Weld County, Colorado Submitted By: Roche Constructors Inc. Signed: fr01( Date: SEP 2 6 201& Signed: Date: Digstalty signed by Greg Lockwood DN_C•US, Greg Lockwood Eaglo�cwood@rocheconstructors-Corn, O."Roche Constructors, Inc ", 0U.Senror Project Manager, CN-Grog Lockwood vale 10 to ialrf lb 513 04-06'00' 0,7,0/g, off/3 CHANGE ORDER #1 FOR JAIL 2 WEST EXPANSION (BID #B1800059) - ROCHE CONSTRUCTORS, INC. APPROVED AS,TO SUBSTANCE: Elected Official or Department Head APPROVED AS TO F ?DING: Contro ler Contro ler APPRO ED AS TO FORM: (1-#341.setaLat County Attorney jellTh SteeZe2ll SteelCell of North America, Inc. July 10, 2018 RE: Weld County Jail 2 - West Expansion ATTEN: CML Security Budget Proposal #1 Per the limited schematic design documents, our standard specifications and the scope of work herein we propose to provide the following, freight allowed to the project site; Greeley, Colorado. Base Pricing • 183 -Two -Inmate Housing Modules. • 18- Gang Shower Modules. Description of materials: Double -inmate Housing Modules 14'-0" x 8'-0 x 9'-4" nominal, units consisting of our standard wall construction of 12 gage A60 galvanneal plate on 16 gage A60 galvanneal studs with 11 gage galvanized structural tubing and top construction of 10 gage A60 galvanneal floor and 12 gage A60 galvanneal ceiling with 16 gage A60 galvanneal studs. Five sided boxes with polyurethane foam insulation. Units shall not be building structure bearing or fire rated. Interior units coated with our standard polyurea seamless coating. ■ Module fronts and doors prime painted. • SteelCell shall provide the units with the following security hollow metal. - Door frame with security door and borrowed light window with security glazing. • 9/16" Laminated polycarbonate security glazing ■ Security hardware and electronics by others. • SteelCell shall provide the following wall mounted ligature resistant detention furniture. Bunk(s). o Desk. o Seat(s). o Shelf with hooks o Integral wall step. o One piece stainless steel detention mirror. • SteelCell shall provide the security plumbing fixture: Willoughby Industries. o Typical combination unit: ECW 1546-C-ON-BP-1.28-PML2-PBH-EB-LW 1 -TWE-PCB3-TWC4C-T4-RTH-TSC o Handicap combination unit: ECW 4896-L/R-ON-1.28-PML2-PBH-EB-LW 1-TWE-PCB3-71NC4C-FVT-TSC • SteelCell shall provide a LED detention light fixture: Kenai' Lighting. Fixture: SDSA-4-0/0-67L50K-DV-1 /9-1-DLN ■ Conduit and wiring harness to the mechanical chase. Shower Units- Housing Areas: 14'-0" x 8'-0" x 9'-4" tall consisting of our standard wall construction of 12 gage A60 galvanneal plate on 16 gage A60 galvanneal studs with 11 gage galvanized structural tubing and top construction of 10 gage A60 galvanneal floor and 12 gage A60 galvanneal ceiling with 16 gage A60 galvanneal studs . Four sided boxes with polyurethane foam insulation, 510 Industrial Park Rd. Baldwin Ga. 30511 Phone: 706-778-9615 Fax: 706-778-9613 o Units shall not be building structure bearing or fire rated. o Interior coated with our standard polyurea seamless coating. • SteelCell shall provide the security plumbing fixture: Willoughby industries. Typical Shower: WSH-7-PM1-MA-SB3030 with integral p -trap o Handicap Shower: WSH-7-PM1 (Sloped floor and floor drain by others) o Collapsible handicap seat. o Suicide resistant grab bar o Shower Curtain: Derby. • SteelCell shall provide a LED detention light fixture: Kenai! Lighting. Fixture: SDSA-4-0/0-45L50K-DV-1/9-1-DLN • Conduit and wiring harness to the mechanical chase. Schedule: 1. A drawing and equipment submittal can be submitted within twenty-five (25) business days from the receipt of a Letter of Intent. This is contingent on receiving full project documentation including select AutoCAD drawings of the project. 2. Delivery of the steel detention cells is subject to receiving information (in a suitable format) from the Architect, This process must begin with the timely receipt of approved equipment and drawing submittals, answered questions, hardware schedule, templates, receipt of raw materials, and the receipt of customer supplied materials if any. Furthermore, the delivery will also be based on a mutually agreed upon schedule based on SteelCell's production schedule and the construction schedule. a. Production and delivery dates will be based upon SteelCell's backlog of work once we have received: Approved submittals including all answered questions, Approved security hardware schedule and security electronics information. b. Storage and excess shipping expenses associated with site delays may be accessed as a result of site delays. c. Anticipated build days once manufacturing begins: 60 business days. i. Anticipated days to install units: 20 business days. 3 A reasonable amount of down time should be anticipated by the purchaser and cell installer due to delays in the delivery of the cells that are beyond the control of SteelCell and the cell shipping company. These delays could be the result of equipment failure, weather, traffic conditions, or driver hours and work load. Billing procedure & Payment Terms: 1. This scope of work and quote is valid for: 90 days from the date of this proposal. a. There will be a minimum two -percent (2°/0) price increase after this time. b. There will be a minimum two -percent (2%) quarterly price increase after the above. 2. SteelCell is a manufacturer and is not a sub -contractor. a. We will only accept a mutually agreed upon Purchase Order for the materials noted herein. i. No retainage withheld. 3. We expect to be paid monthly progress payments for major items such as engineering, raw materials, and manufacturing labor, etc. a. Payment terms: Net thirty (30) days. b. An AIA schedule of values will be submitted on the 15th of each month and will be projected through to the end of the month. All sums not paid when due will be subject to a one -and -a -half percent (1-1/2°/0) per month interest charge. i. SteelCell will provide backup information for billing including pictures and receiver information. c. Payments due SteelCell shall not be dependent upon payment of funds to the purchaser from any other party except where it can be proove funds were withheld due to the responsibility of SteelCell. d. A copy of Customers bond shall be forwarded to SteelCell. e. SteelCell will not accept "pay when paid" payment terms. f. No retainage will be withheld from payments. g. SteelCell reserves the right to hold all cells until the customer is current with all due payments. i. SteelCell reserves the right hold cells until full payment of the purchase order is received in those instances where SteelCell perceives full payment may be withheld. 510 Industrial Park Rd. Baldwin Ga. 30511 Phone: 706-778-9615 Fax: 706-778-9613 4 No back charges will be valid or accepted without a pnor written agreement General Notes & Conditions 1 A voucher will be given to the plumbing contractor for the cell plumbing parts including flush valves, sink manifolds, p -traps, waste outlets, shower manifolds, and associated tubing a The plumbing contractor will submit the voucher to the plumbing fixture manufacturer for delivery b The plumbing contractor shall receive devices directly from the plumbing fixture manufacturer i Plumbing contractor responsible for all lost or damaged devices or associated parts c All plumbing parts must be installed per the manufacturer's instructions d It is recommended that all plumbing pipes and lines be flushed of debris before operation to prevent malfunction of the plumbing devices 2 Cell front and cell door shall be pnme-painted only Finish paint by others 3 SteelCell's products are partition wall smoke rated only and does not provide smoke barriers or fire -ratings 4 The average weight of each cell 4 -man +/-7500 pounds, 2 -man +/-5,500 pounds 5 Unless otherwise noted a pull tape will be provided in electrical conduit 6 SteelCell cell modules shall meet the requirements of applicable state or local building codes in effect as of the date for this Proposal Although SteelCell endeavors to meet ADA guidelines, SteelCell does not warrant nor certify ADA compliance 7 There shall be adequate access provided for the large vehicles transporting the cells to the site a SteelCell's delivery trucks will be confined to improved areas only 8 All materials should be inspected at the time of delivery and damage noted on the bill of lading 9 The final adjustments of the factory installed door shall be completed by the security hardware installer 10 All modules are finished materials and should be protected from the weather, misuse and abuse a Units shall be adequately protected from the weather b No trades should be in the modules unless they are completing work in the units c Misuse of the cells will void any and all warranty's We include the following items' 1 Cell Furniture STEELCELL a Static and dynamically tested cell furniture b One piece stainless steel mirror 2 Cell HVAC Grilles and Sleeves STEELCELL a 10" x 10" CNC Punched into walls 3 Polyurea Cell Interior Coating SHERWIN WILLIAMS a Cell Interior Pnme Coat, Envirolastic AR425 b Cell Intenor Top Coat, Fast -Clad c Cell Extenor Prime Coat, Pro-Cryl Universal Primer d Cell Door will be prime -painted (on interior and extenor sides) only 4 Thermal and Acoustical Insulation NCFI a 2 0 lb polyurethane foam on all horizontal surfaces b 0 5 lb polyurethane foam in all enclosed cavities 5 Installation Items STEELCELL a Stainless Steel Setting Shims 1 b Cell to Cell & Cell to Wall Cover -plates c Touch-up paint We exclude the following items 1 Supply of fascia wall above mezzanine level units 2 Mezzanine walkway, stairs, stair handrails, or walkway handrails 3 Supply and/or installation of cell sprinkler piping or heads 4 Pre -installation of plumbing devices (Valves or manifolds) 5 Electronic control of plumbing fixtures 6 Job site trailers, supervision, or site work forces 7 Installation of the cells 8 Shim anchors 9 Receiving, unloading, distnbution, and installation of the steel detention cells 510 lndustnal Park Rd. Baldwin Ga 30511 Phone. 706-778-9695 Fax: 706-778-9693 10 Flag men or wash stations for transport trucks 11 Intenm protection of the steel detention cells after installation and during the construction of the project a Protection from the weather b Protection from vandalism and abuse or misuse by the other trades 12 Electronic control valves for sinks, toilets or showers 13 Final cleaning of the cells including but not limited to glazing, painted surfaces, furniture, and/or equipment 14 Damage to the cells during or after installation and/or on site storage including but not limited to damage to the cell paint coatings and/or equipment 15 Damaged or missing installation and/or plumbing and electrical parts 16 Secunty sealants needed to fill the gap between the bottom of each cell and the cell floor a Glazing sealants and/or caulking 17 Finish paint of cell fronts, cell doors (interior and exterior) and cover -plates a It is impractical to finish paint these items due to damage by i Freight u Installation ni Other trades 18 Caulking of door glazing 19 Lower cell floor sealers or coatmgs 20 Cell secunty hardware or electronics including but not limited to locks, sliding devices, door position switches, door pull handles, cameras, intercoms, or call buttons 21 Cell labeling 22 Bonding other that needed to maintain state certification 23 State and local sales taxes or fees 24 Any and all items not specifically noted herein are excluded 510 Industrial Park Rd. Baldwin Ga. 30511 Phone. 706-778-9695 Fax. 706-778-9613 7/10/18 DIVISION OF RESPONSIBILITY CELL MFR OTHERS DEDUCTS Materials Labor Materials Labor Mat. Labor 1.0 Manufacture of all modular units X X 2.0 Cell Security Doors 2.1 Door Frames x 2.2 Swinger Doors , K. - ,-, , 2.3 Hinges x 2.4 Locks X X 2.5 Slider Devices and Slider Doors . N/A N/A 2.6 Door Closer I N/A N/A 2.7 Door Pulls X X 2.8 Borrowed Light Door Frame i N/A N/A 2.9 Borrowed Light Door Frame Glazing . N/A N/A 2.10 4 Cell Door Food Pass ,, ;y 2.11 Door Food Pass Lock X X 2.12 Swing Door Food Pass Hinges x. ,. . 3.0 Cell Chase Front 3.1 Chase Door N/A N/A 3.2 i Hinges N/A N/A 3.3 Chase Front and Frame N/A N/A 3.4 Locks 1 - N/A N/A 4.0 Cell Windows at Rear Wall 4.1 Window Frames 1 N/A N/A 4.2 Window Glazing N/A N/A 5.0 Cell Insulation 5.1 Insulation 6.0 Cell Finish Coatings 6.1 interior of Cell (Finish Painted) r X 6.2 Dayroom side of Cell (Prime Painted) . x: 6.3 Cell Door (Prime Painted) r K _ 7.0 Cell Furnishings 7.1 Cell Bunks i x; 510 Industrial Park Rd. Baldwin Ga. 30511 Phone: 706-778-9615 Fax: 706-778-9613 7O0O8 DIVISION OF RESPONSIBILITY CELL MFR OTHERS DEDUCTS Materials Labor Materials Labor Mat. Labor 7.3 Cell Mirrors ;x X 7.4 Cell Shelf , Hooks, Seat, Desk 7.5 Day Room Furniture X X 7.6 CCTV Monitor Frame and Glazing X X 7.7 CCTV Monitor Bracket X X 7.8 Cameras and Wiring X X 7.9 Cell Padding X X 8.0 Plumbing Equipment and Fixtures 8.1 Cell Combination Toilet/Lavatory Units X 8.2 Handicap Cell Toilets and Lavatories , 8.3 Supply of, or Connection to building plumbing X X 8.4 Cell Mechanical Chase Pressure Piping X X 8.5 Cell Fixture Flush Valves ;A; 8.6 Cell Fixture Manifold Valves and Tubing; ;x 8.7 Dayroom Penal Plumbing Fixtures X X 8.8 Dayroom Shower Fixtures X X 8.9 Cell Sprinkler Heads X X 8.9a Prep for sprinkler 8.9b Sprinkler System Piping X X 9.0 Electrical and Lighting 9.1 Surface Mounted Cell Light Fixtures ,.:: 9.2 Cell Light Fixtures Fluorescent Lamps <. 9.3 Junction Cell Electrical Boxes Conduit in Access Terminated Chase in 9.4 Cell Junction Electrical Boxes Wiring from Light Fixtures to 9.5 Connection of Cell to Building Electrical r X X 9.6 Communication Back Boxes System Speaker ♦ x y 9.7 Communication Equipment and Wiring X X 510 industrial Park Rd. Baldwin Ga. 30511 Phone: 706-778-9615 Fax: 706-778-9613 7/10/18 DIVISION OF RESPONSIBILITY CELL MFR OTHERS DEDUCTS Materials - Labor Materials Labor Mat. Labor 10.0 HVAC 10.2 Sleeve at Cell Grilles for Duct Connection y _ , 4 10.3 Sleeve at Cell Roof for Duct Connection N/A N/A 10.4 Cell Chase HVAC Duct X X 11.0 Mezzanine _ , 11.1 Front Cell Mezzanine Walkway _ _ X X . 11.2 Rear Cell Mezzanine Walkway _ _ . NiA . 1 ' Cell Installation 12.0 12.1 Shim Packs for Cell Setting/Leveling X 12.2 Trucks Provision Preparation of Suitable for Site Access Surface of Cell Transportation , 12.3 Deliver Cells 12.4 Crane to Off -Load Cells X X 12.5 Rigging to Off -Load Cells , , X X 12.6 Off-load Cells , X X , a 12.7 Install Cells X X 12.8 Weld Cells to Anchors/Shims r X X 12.9 L. Masonry Anchors/Brackets N/A N/A 12.10 i Installation of Cell to Wall Closure plates , x: X 12.11 Installation of Cell to Cell Closure plates 12.12 A Installation of Chase Front and Door N/A N/A 12.13 Security Sealant between Cell and Floor - , X X On -Site Protection of Cells _ _ X - X 12.14 . . , 13.0 Taxes and Bonding 13.1 Sales Taxes X X 13.2 Material Bond L X X 510 Industrial Park Rd. Baldwin Ga. 30511 Phone: 706-778-9615 Pax: 706-778-9613 Stedes211 SteelCell of North America, Inc. July 10, 2018 Weld County Jail 2 - West Expansion Greeley, Colorado BucS1 • Budget good for 90 days from date of proposal. • Mezzanine walkway materials supplied and installed by others. • Installation not included. • Caulking of security glazing not included. • Security hardware including door hardware, sliders, locks, intercoms, cameras and associated wiring are not included. Supplied and installed by others. • All modular units smoke partition rated only. For the supply of the following modular units: • 183 -Two -Inmate Housing Modules. • 18- Gang Shower Modules $ 5,336,161.00 (Direct) $ 5,197,250.00 (Dealer) Optional deduct price of $107, 538.00 from either price, Direct or Dealer, if price is accepted by contract, PO or NTP by September 30th, 2018 Applicable local and/or state sales taxes are not included Svi a. s v lOrit S ► d r\ nr 1\-1\ ° pk,,ctr— g-0 oNc) 0 510 Industrial Park Rd. Baldwin Ga. 30511 Phone: 706-778-9615 Fax: 706-778-9613 \N Document A141TM 2014 Standard Form of Agreement Between Owner and Design -Builder AGREEMENT made as of the 19'" day of April in the year 2018 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Weld County, Colorado 1105 H Street P.O. Box 758 Greeley, co 80632 Telephone Number: 970-356-4000 Fax Number: 970-304-6532 and the Design -Builder: (Name, legal status, address and other information) Roche Constructors, Inc 361 71" Ave Greeley, CO 80634 for the following Project: (Name, location and detailed description) Jail West Expansion 2110 O Street Greeley, CO 80631 The Owner and Design -Builder agree as follows. Lone A-V4cL-• ,r_ a -I 8 Init. t ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. . Consultation with an attorney is also encouraged with respect to professional licensing requirements in the jurisdiction where the Project is located. e.epR'r/ (-r9 a?718- D813S�� 3elb0a_o AIA Document A141 TM - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (369ADA2E) 1 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 Weld County Bid Solicitation C Roche Constructors, Inc.'s Response to Bid D Governmental & Immunity Clauses ARTICLE 1 GENERAL PROVISIONS § 1.1 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 "riot 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, identify the design documents and insert "see Owner's design documents" where appropriate.) §1.1.1 The Owner's program for the Project: (Set forth the program, identify documentation in which the program is set forth, or state the manner in which the program will be developed.) Init. AIA Document A141 m, —2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This A(A' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 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 taw. This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) Please Reference Exhibit B, Weld County Bid Solicitation The current agreement is for the Design phase of the project. Upon completion and acceptance of the Design phase, a change order and/or amendment will be executed to determine the guaranteed maximum price and construction cost of the build phase. § 1.1.2 The Owner's design requirements for the Project and related documentation: (Identify below, or inn an attached exhibit, the documentation that contains the Owner's design requirements, including any performance specifications for the Project.) Please Reference Exhibit B, Weld County Bid Solicitation § 1.1.3 The Project's physical characteristics: described in Exhibit B. (Identify or describe, if 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 private utilities and services; legal description of the site; etc.) § 1.1.4 The Owner's anticipated Sustainable Objective for the Project, if any: (Ident fy the Owner's Sustainable Objective for the Project such as Sustainability Certification, 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 A 141"4-2014, Exhibit C, Sustainable Projects, into this Agreement to define the terms, conditions and Work related to the Owner's Sustainable Objective.) Please Reference Exhibit B, Weld County Bid Solicitation § 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: N/A (Identifir incentive programs the Owner intends to pursue for the Project and deadlines for submitting or applying for the incentive programs.) N/A § 1.1.6 The Owner's budget for the Work to be provided by the Design -Builder is set forth below: (Provide total for Owner's budget, and if known, a line item breakdown of costs.) $840,000 for the Design Phase § 1.1.7 The Owner's design and constniction milestone dates: .1 Design phase milestone dates: Date of Commencement of Design- April 26, 2018 Design Ready for Permit Submission- December 3, 2018 Permit Anticipated -January 18, 2019 Construction Commencement -January 21, 2019 .2 Submission of Design -Builder Proposal: March 20, 2018 .3 Phased completion dates: Construction Phase One: September 21, 2020 Construction Phase Two: April 21, 2021 Init, AIA Document A141 n" - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) .4 Substantial Completion date: Construction Substantial Completion Phase One —July 21,2020 Construction Substantial Completion Phase Two — March 21, 2021 .5 Other milestone dates: § 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 Hauser Architects 3780 E. 15'1i Sheet Loveland, CO 80538 .2 Consultants G2 Consulting Engineers, Inc. 1039 Main Street, Suite G Windsor, CO 80550 Martin/Martin, Inc, 1600 Specht Point Road, Suite 117 Fort Collins, CO 80525 Northern Engineering 820 8'^ Street Greeley, CO 80631 .3 General Contractor Roche Constructors, Inc. 361 71s' Ave Greeley, CO, 80634 § 1.1.9 Additional Owner's Criteria upon which the Agreement is based: (Identify special characteristics or needs of the Project not identified elsewhere, such as historic preservation requirements.) Please Reference Exhibit B, Weld County Bid Solicitation § 1.1.10 The Design -Builder shall confirm that the information included in the Owner's Criteria complies with applicable laws, statutes, ordinances, codes, roles and regulations, or lawful orders of public authorities. Specifically, the Design -Builder will ensure compliance with all applicable laws and rules relating to the construction of jail facilities. If the facility is not constructed in accordance with the laws existing prior to completion, then the Design -Builder shall be frilly responsible financially for all mitigation, remediation, or corrective work to bring the facility into compliance. § 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 and compensate Owner for any costs associated with bringing the facility into compliance. Init. AIA Document A141 r" - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 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 E203TM-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.) N/A § 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.) Toby Taylor, Director Weld County Building & Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Telephone Number: 970-356-4000 Fax Number: 970-304-6532 Email Address: ttaylor@weldgov.com § 1.2.3 The Owner will retain the following consultants and separate contractors: N/A (List discipline, scope of work, and, if known, identify by name and address.) § 1.2.4 The Design -Builder identifies the following representative in accordance with Section 3.1.2: (List name, address and other information.) Thomas J Roche, President & CEO Roche Constructors, Inc. Greeley, CO 80634 Phone: 970-356-3611 Fax: 970-356-3619 Cell: 970-396-9341 Email: troche@rocheconstructors.com § 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 Binding 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: Init. AIA Document A141 T"M — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved, WARNING: This AIA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) (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.) [ ] Arbitration pursuant to Section 14.4 [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) § 1.4 Definitions §1.4.1 Design -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. The following Exhibits are attached: B, C and D, which are incorporated herein. § 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. The Project includes the design and the option for construction of the addition to the .lail Facility. § 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. § 1.4.6 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 tern "Owner" means the Owner or the Owner's authorized representative. § 1.4.8 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 tern "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. init. AIA Document A141 M - 2014. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This MA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) § 1.4.10 Architect. 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. The payment for the design phase will be $840,000.00. The payment for the construction phase shall be determined upon completion and acceptance by the Owner of the design and guaranteed maximum price. 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 -Builder as follows: (Insert amount of, or basis for, compensation, including compensation for any Sustainability Services, or indicate the exhibit in which the information is provided. If there will be a limit on the total amount of compensation for Work performed prior to the execution of the Design -Build Amendment, state the amount of the limit.) Eight Hundred Forty Thousand and 00/100 Dollars ($840,000.00) This sum is for the design phase only and shall be paid according to the schedule of progress payments § 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. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Please Reference Exhibit C, Roche Constructors, Inc.'s Response to Bid Individual or Position Rate (Paragraphs Deleted) § 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 twenty- five (25 ) 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.) Prime plus 2 % Monthly Init. AIA Document A141 TM - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. (WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 2.1.4.2 Records of Reimbursable 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 performance 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. The Design -Builder is specifically responsible to ensure compliance with all law and regulation relating to the construction of jail facilities. § 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, 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 -Builder 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 perfonmed 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; Init. MA Document A141 TM' — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIR'Document is protected by I.E.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIR"' 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) .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 -Builder'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 Certifications. 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 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 -Builder'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 Sun 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 (I) 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. Init. AIA Document A141 TH - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AM 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 €aw, This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 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 perfonn 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 defects, except for those inherent in the quality of the Work or otherwise expressly pennitted 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 wear and tear and normal usage. If required by the Owner, the Design -Builder 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 loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer 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 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 Indemnification § 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 perforniance of the Work, caused by the 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. § 3.1.15 Contingent Assignment of Agreements § 3.1.15.1 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 Init. AIA Document A141 TM' — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This RiA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'' 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) .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. § 3.1.15.3 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 B. ARTICLE 4 WORK PRIOR TO EXECUTION OF THE DESIGN -BUILD 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 constnrction; 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 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 design 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, if any, to be included in the Design -Builders 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. Init. AIA Document A141 r" - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING. This AIA" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 11 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 4.3 Preliminary 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 Design -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 -Builder'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 Fee, 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 .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 perfonn 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. Init. AIA Document A141 TM' — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AR' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AI/O Document, or any portion of it, 12 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) § 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. § 5.2A 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 Dcsign-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. § 5.5 Permits, Fees, Notices and Compliance with Laws § 5.5.1 Unless otherwise provided in the Design -Build Documents, the Design -Builder 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 Init. AIA Document A141'm —2014. Copyright ©2004 and 2014 by The American Institute of Architects. All rights reserved, WARNING: This MA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) 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. § 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 -Builder in writing, stating (I ) 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 the 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 -Builder shall deliver these items to the Owner in accordance with Section 9.10.2 as a record of the Work as constructed. Init. AR Document A141"1 — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`" Document, or any portion of it, may result in severe civil and cr€mina€ penalties, and will be prosecuted to the maximum extent possible under the €aw. This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) § 5.9 Use of Site The Design -Builder shall confine 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. § 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 tern "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 - Builder 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 Responsibility § 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 Init. AIA Document A141 T" - 2 01 4. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This MA'` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) 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 If a dispute arises among the Design -Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and nebbish, the Owner may clean up and will allocate the cost among those responsible. 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 instilment 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 terns 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: Init. AIA Document A141Tu — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA = Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA"' 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) .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 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. § 6.3.8 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 Design -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 effective Init. AIA Document A141"' — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) 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 shall 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 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 pennits, 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 snake 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. § 7.2.8 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. Init. AIA Document A141 TM - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AEA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 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 geotechnical 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 are 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. § 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 are 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 -Builder 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. Init. 1 AIA Document A141 T" — 2014. Copyright ©2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lava. This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 7.9 Owner's Right to Carry 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 shall 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 are not sufficient to cover such amounts, the Design -Builder shall pay the difference to the Owner. ARTICLE 8 TIME § 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. § 8.1.2 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 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 Contract Sum The Contract Sum is stated in the Design -Build Amendment. § 9.2 Schedule 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. Init. AIA Document A141"4 — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA'- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, er 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) § 9.3.1.2 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 Dcsign-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 liens, 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-BuiIder's Application for Payment, issue to the Design -Builder a Certificate for Payment indicating the amount the Owner determines is properly due, and notify 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 -Builder 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 may, 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. Init. AIA Document A141"4 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: 'This AEA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) § 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 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 -Build 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 Init. AIA Document A141 M - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (369ADA2E) 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 insurance; 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. § 9.8.6 The Certificate of Substantial Completion shall be submitted by the Design -Builder 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 Partial 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 to be 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 Final 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 Init. AIA Document A141 ^" — 2014. Copyright O2004 and 2014 by The American Institute of Architects. All rights reserved.' WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the taw, This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (369ADA2E) 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, (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 retrains unsatisfied after payments are made, the Design -Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, 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 fully 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 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, or .4 failure of the design builder to comply with applicable law and regulation relating to jail facility requirements. § 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. Init. AIA Document A141 TM' —2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected iry U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will ire prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) § 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 -Builder 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 -Builder'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. § 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 are 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 costs of shut -down, delay and start-up. (Paragraph Deleted) init. AIA Document A141 TM - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING; This AIA, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, 25 may result in severe civil and criminal penalties; and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 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 -Builder shall act, at the Design -Builder's discretion, to prevent threatened damage, injury or loss. ARTICLE 11 UNCOVERING AND CORRECTION OF WORK § 11.1 Uncovering 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 made 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 Design -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. Init. I AIA Document A141 TM' —2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 2i) 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 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 con•ection 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 l 1.2.2 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. § 11.3 Acceptance of Nonconforming Work If the 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 fiimished 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 pen -nits 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 temiinates 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 from 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. Init. AIA Document A141 TH — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. VVARNING: This AIA"- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 27 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 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 hannless 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 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 intermption 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 terns 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-Buildcr, 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 -Builder 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 -Build Amendment § 13.2.1 Termination 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; AiA Document A141 T" — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) .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 -Builder may terninate 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 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 Termination 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 incun-ed 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. Init. AIA Document A141 n" — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or :any portion of it, 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 1733:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) §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. § 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. § 13.2.4.4 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." ARTICLE 14 CLAIMS AND DISPUTE RESOLUTION § 14.1 Claims § 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 terns 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. Init. AIA Document A141 TM — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (369ADA2E) § 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 shall 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 Claims 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 are 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. This mutual waiver is applicable, without limitation, to all consequential damages due 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: (I) 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 Design -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. I.3. (: (I) ) 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 inay 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) Init. AIA Document A141TM' — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, 31 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) provide a response on the requested supporting data, (2) advise the Owner when the response or supporting data will be furnished or (3) advise the Owner that no supporting data will be furnished. 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 ternis 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 of 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. § 14.2.8 If a Claim relates 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. §,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 held 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. Init. AIA Document A141 TM' — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This MA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 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. § 15.2 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. If the 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 l4 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. Init. AIA Document A141", —2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AiA ' Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 15.4 Rights 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. §15.4.2 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 for 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 ( I ) tests, inspections or approvals that do not become requirements until after bids are 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 to be made so that the Owner may be present for such procedures. Such 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. § 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. §15.5.6 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 lnfonnation 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 Terns 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. Init. AIA Document A141 TM' —2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. VVAZNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A1A' ' Document, or any portion of it, 34 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) § 15.8 Interpretation § 15.8.1 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. § 15.8.2 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 AIA Document A141TM-2014, Standard Form of Agreement Between Owner and Design -Builder .2 AIA Document A141m4-2O14, Exhibit A, Design -Build Amendment, if executed .3 Exhibit B, Weld County Bid Solicitation .4 Exhibit C, Roche Constructors, Inc.'s Response to Bid .5 Exhibit D, Governmental & Immunity Clauses .6 Other: This Agreement entered into as of the day and year first written above. Init. NER (Signature) DESIGN-BUILDER(Signature) Barbara Kirkmeyer, Chair Pro—Tem Thomas J. Roche , Board of Weld County Commissioners President & CEO (Printed name and title) (Printed name and title) MAY 022018 c20/19— Y45 AIA Document A141 TM —2014. Copyright O2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any potion of it, 35 may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) Additions and Deletions Report for AIA® Document A141174 - 2014 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author 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 AIA 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 AIA software at 17:33:17 on 04/27/2018. PAGE 1 AGREEMENT made as of the day of 19i1' day of April in the year 2018 Weld County, Colorado 1105 H Street P.O. Box 758 Greeley, co 80632 Telephone Number: 970-356-4000 Fax Number: 970-304-6532 Roche Constructors, Inc 361 71St Ave Greeley, CO 80634 Jail 2 West Expansion 2110 O Street Greeley, CO 80631 PAGE 2 B INSURANCE AND BONDSWeId County Bid Solicitation C SUSTAINABLE PROJECTSRoche Constructors, Inc.'s Response to Bid D Governmental & Immunity Clauses PAGE 3 Additions and Deletions Report for AIA Document A141", — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA'" 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) Please Reference Exhibit B, Weld County Bid Solicitation The current agreement is for the Design phase of the project. Upon completion and acceptance of the Design phase, a change order and/or amendment will be executed to determine the guaranteed maximum price and construction cost of the build phase. Please Reference Exhibit B, Weld County Bid Solicitation § 1.1.3 The Project's physical characteristics: described in Exhibit B. (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnica/ reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) Please Reference Exhibit B, Weld County Bid Solicitation § 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: N/A N/A $840,000 for the Design Phase Date of Commencement of Design- April 26, 2018 Design Ready for Permit Submission- December 3, 2018 Permit Anticipated -January 18, 2019 Construction Commencement -January 21, 2019 March 20, 2018 Additions and Deletions Report for AM Document A141 TM - 2014. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA5Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- 2 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) PAGE 4 Construction Phase One: September 21, 2020 Construction Phase Two: April 21, 2021 Construction Substantial Completion Phase One —July 21,2020 Construction Substantial Completion Phase Two — March 21, 2021 Hauser Architects 3780 E. 15"' Street Loveland, CO 80538 G2 Consulting Engineers, Inc. 1039 Main Street, Suite G Windsor, CO 80550 Martin/Martin, Inc, 1600 Specht Point Road, Suite 117 Fort Collins, CO 80525 Northern Engineering Additions and Deletions Report for AIA Document A141 TM' — 2014. Copyright O 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, 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 AfA software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (389ADA2E) 820 8'h Street Greeley, CO 80631 .3 ContractorsGeneral Contractor Roche Constructors, Inc. 361 71`t Ave Greeley, CO, 80634 Please Reference Exhibit B, Weld County Bid Solicitation § 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. -Specifically, the Design -Builder will ensure compliance with all applicable laws and rules relating to the construction of jail facilities. If the facility is not constructed in accordance with the laws existing prior to completion, then the Design -Builder shall be fully responsible financially for all mitigation, remediation, or corrective work to bring the facility into compliance. §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.conflict and compensate Owner for any costs associated with bringing the facility into compliance. PAGE 5 N/A § 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: Additions and Deletions Report for AIA Document A141 nd — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion of it, 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) Toby Taylor, Director Weld County Building & Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Telephone Number: 970-356-4000 Fax Number: 970-304-6532 Email Address: ttaylor(&,,weldgov.com §1.2.3 The Owner will retain the following consultants and separate contractors: N/A Thomas J Roche, President & CEO Roche Constructors, Inc. Greeley, CO 80634 Phone: 970-356-3611 Fax: 970-356-3619 Cell: 970-396-9341 Email: trocheQrocheconstructors.com PAGE 6 [ X ] Litigation in a court of competent jurisdiction § 1.4.1 Design -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 ( I) a written amendment to the Contract signed by both parties, including the Design -Build Amendment, (2) a Change Order, or (3) a Change Directive. -The following Exhibits are attached: B, C and D, which are incorporated herein. § 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. The Project includes the design and the option for construction of the addition to the Jail Facility. PAGE 7 § 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. -The payment for the design phase will be $840,000.00. The payment for the construction phase shall be determined upon completion and acceptance by the Owner of the design and guaranteed maximum price. Additions and Deletions Report for AIA Document A141 Tm — 2014. Copyright ©2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AtA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA" 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) Eight Hundred Forty Thousand and 00/100 Dollars ($840,000.00) This sum is for the design phase only and shall be paid according to the schedule of progress payments Please Reference Exhibit C, Roche Constructors, Inc.'s Response to Bid § 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; �I 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. Additions and Deletions Report for AIA Document A141 TM - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This MA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) § 2.1.3.2 For Reimbursable Expenses; the-coffipensation shall be the -expenses the Design Builder and the Design Builder's Architect, Consultants and Contractors incurred, plus an administrative fec of percent ( %) of the expenses incurred. § 2.1.4.1 Payments are due and payable upon presentation of the Design -Builder's invoice. Amounts unpaid twenty- five (25 ) 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. Prime plus 2 % Monthly PAGE 8 § 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, toles 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. The Design -Builder is specifically responsible to ensure compliance with all law and regulation relating to the construction of iail facilities. PAGE 10 § 3.1.14.1 To the fullest extent permitted by law, the Design -Builder shall indemnify and hold hannless 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 perfonnance 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. PAGE 24 .3 terms of special warranties required by the Design -Build Documents.Documents, or .4 failure of the design builder to comply with applicable law and regulation relating to jail facility requirements. PAGE 25 § 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 been 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. Additions and Deletions Report for AIA Document A141"4 — 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This A1A'^' Document is protected by U.S. Copyright Law anti International Treaties. Unauthorized reproduction or distribution of this AIA,' 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) PAGE 30 $13.2.4.4 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." PAGE 35 .3 ALA Document A111TM 2011, Exhibit B, Insurance and BondsExhibit B, Weld County Bid Solicitation .4 AIA Document All 1TM 2011, Exhibit C, Sustainable Projects, if completedExhibit C, Roche Constructors, Inc.'s Response to Bid .5 AIA E1estlment l✓?A3TM ' 3, Building Information Modeling and Digital Data Exhibit, if completed, or the following: Exhibit D, Governmental & Immunity Clauses Steve Moreno Thomas J. Roche Chair, Board of Weld County Commissioners President & CEO Additions and Deletions Report for AIA Document A141 TM - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARMING: This A!A`" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA,' 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 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: (3B9ADA2E) Certification of Document's Authenticity AIA® Document D401Tm - 2003 I, , 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 17:33:17 on 04/27/2018 under Order No. 8033534889 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA* Document A141 TM - 2014, Standard Form of Agreement Between Owner and Design -Builder, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) President & CEO (Title) April 27, 2018 (Dated) AIA Document D401 TM' — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA' result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. software at 17:33:17 on 04/27/2018 under Order No. 8033534889 which expires on 12/04/2018, and is not for resale. User Notes: WARNING: This AIN' Document is Document, or any portion of it, may This document was produced by AIA (3B9ADA2E) RE: AGREEMENT FOR JAIL 2 WEST EXPANSION (Bid #B1800059) APPROVED AS TO SUBSTANCE: Elected Official or Department Head APPROVED AS TO FUNDING: Controller APPVED TO FCaRM: ee9r00. County Attorney azo /g- O gi5 Exhibit B REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: FEBRUARY 8, 2018 BID NUMBER: #61800059 DESCRIPTION: JAIL 2 WEST EXPANSION - DESIGN BUILD MANDATORY PRE -BID CONFERENCE DATE: 2/28/18 @ 2:00 PM BID OPENING DATE: 3/20/17 @ 10:00 a.m. 1. NOTICE TO BIDDERS: 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 2 WEST EXPANSION - DESIGN BUILD A trtandatoci pre -bid conference will be held on Wednesdavjebruary 28. 2018 ( ? tI0 PM„ at the Weld County Administration Bldg., Events Room, 1150 O St, Greeley CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Tuesday, March 20, 2018 CA 10;02 a.m. tWeld County Purchasing Tlme Clock). PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST N MBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 1. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids 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 bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at httos://wwvv.welcfilov,com/deoartments/ourchasinct located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet 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, addendums, and awards on this one centralized system. Hid Delivery to Weld County — 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed tci:bids@weldgov.com.Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 870-400-4222 or 4223 If you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids 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. Bids 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 bid 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 bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids 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 bids 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 bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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 bidder shall not knowingly employ or contract with an illegal alien to perform BID REQUEST #61800059 Page 2 work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder 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 bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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 bidder 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 bidder 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 bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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 bidder 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 bidder 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 bidder 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 bidder receives federal or state funds under the contract, Successful bidder 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 Successful bidder 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. 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 bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL. However, the successful bidder 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 bid information marked "CONFIDENTIAL", staff will withhold any information which is clearly marked CONFIDENTIAL and submitted separately. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. 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 bidder 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 bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation BID REQUEST #B1800059 Page 3 benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder 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 bidder 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 bidder 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 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 bidder, 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 bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids 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 bidder 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 bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid 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 bidder's completion of the responsibilities described in the Bid. 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 bidder shall be the basis for additional compensation unless and until the successful bidder 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. BID REQUEST #81800059 Page 4 N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder 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 bidder 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 bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder 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 bidder 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 caused by contractor's workmanship or performance. The bidder 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 bidder 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 bidder 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. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder 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 bidder 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 bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 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. §§24-18-201 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 BID REQUEST #81800059 Page 5 with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder 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 bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder'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 bidder's operations, or authorizes funding to the successful bidder. 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 bidder'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 bid. The successful bidder 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 County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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 General Requirements: Successful bidders 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. Successful bidders 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" VIII 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 the Weld County Controller/Purchasing Director/Purchasing Director 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 Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder 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 coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate BID REQUEST #B1800059 Page 6 and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder 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 successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder 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 successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Tvotes of Insurance: The successful bidder 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 successful bidder'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 successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder 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. Successful bidders 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 Request for Bid. BID REQUEST #61800059 Page 7 Proof of insurance: County reserves the right to require the successful bidder 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, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrooation: For all coverages, Successful bidder'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 coverages required of Successful bidder. Successful bidder 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. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, 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 Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. WELD COUNTY JAIL 2 -WEST ADDITION DESIGN BUILD BID GREELEY, COLORADO 80631 Public Notice is hereby given that Weld County, Colorado, hereinafter referred to as the "County" will receive sealed bids to perform design services and construction administration for an addition to the County Jail. This facility is located at 2110 "O" Street, Greeley Colorado 80631. The project will be commonly called Jail 2 -West Addition. 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 for the following work: • Design Services • Building Construction • Construction Management VENDOR CONFERENCE A vendor mandatonf pre -bid conference will be held on February 28.2018 at 2:00 PM in the Weld County Administration Building located 1150 0 -Street, Events Room, Greeley, Colorado to respond to written and oral questions and to provide any needed additional instruction to Architectural, Engineering and General Contracting firms on the submission of proposals. BID REQUEST #B 1800059 Page 8 BUILDING OVERVIEW The current building, which is located at 2110 "O" Street, Greeley, Colorado, consists of a 217,568 -square foot two-story building. The current Jail building houses approximately 779 beds, kitchen, laundry, classroom, administrative office, medical, and kitchen spaces. The new addition of the 2 -West wing is the fourth phase of jail construction. It is anticipated the fourth phase will closely mirror the third phase layout, cell types, and functionality with the exception that the 2 -West remodel will incorporate a new booking area and house administrative office functions on the third floor. The design services for the new 2 -West wing will consist of two-phase: 1. The first phase will result in a comprehensive design of the new 2 -West Jail Wing which will consist of an additional 129,537 square feet. The addition will be a 3 -story building with a rough footprint of 43,179 square feet. It will house an additional 373 beds, new booking area on first floor and laundry service area for entire complex. The goal is for third floor to be administrative offices. 2. The second phase will result in a comprehensive design for the remodel of approximately 19,000 square feet in the existing jail where: a. The former booking area will become the new kitchen, b. The current kitchen area to become a new/larger kitchen's dry storage with cooler and, c. The current dry storage and laundry area will become the larger inmate storage area The project consists of new ground -up construction and attaching said structure to the existing structure which includes, but is not limited to the following: • Design Services • Modifying the existing building to accept the new addition. • Includes an allowance for the demolition of the existing Kitchen and Laundry room areas. And renovating this existing laundry space into a storage area. • Flooring finishes will be included by Design -Build firm; carpet supplied and installed by owner. • Site clearing and excavation. • The first and second floor are desired be the detention areas and booking. • The third floor is desired to be office/training space. • Underground utilities and their various connections into existing infrastructure. • Concrete formwork and flatwork. • Civil, Structural, Mechanical, Electrical and Plumbing services and associated fixtures & equipment. • Detention -grade doors, frames and hardware as well as protection devices and specialty hardware. • Demolition of existing interior walls, electrical and plumbing, HVAC and data connections. • Exterior signage as required. • The County will be responsible for the building permit fee. • All work for building must be completed by September 7, 2020. • New HVAC will be VFD design with reheat capability along with appropriate/multiple zoning and will operate on one of the County's control system (Johnsons Controls or Setpoint through competitive bid). BID REQUEST #61800059 Page 9 • The selected firm will be responsible to attend weekly on -site meetings through the duration of the construction period. • Contractor will provide constructability concerns & assistance with cost analysis during the design phase. The programming and design phase could require extended time with multiple revisions. ▪ Contractor will provide cost estimating and value -engineering if needed starting at 50% CD's. • Building must meet compliance with American's with Disability Act standards as applicable for this particular building's use. • Exterior CMU color and composition must match existing phases. • Conference and office spaces need to meet data and audio needs. • Jail control & monitoring systems will be installed through a 3rd party bid to ensure compatibility with existing. Winning bidder must coordinate all requirements of the Jail controls with the awarded 3�d party vendor to ensure all conduit, data boxes, and power needs are met. PRELIMINARY SCHEDULE Date of this RFP Advertisement Date Pre -bid (Mandatory) Proposals Are Due Contract Award Notice Executed Contract Design Charrettes Schematic Design (10% CD's) Cost Analysis Review Design Development (50% CD's) Cost Analysis Review Construction Documents 90% Cost Analysis Review For Permit Set Permit Ready Set Construction Start — Phase1 Substantial Completion — Phase1 (18mos) Final Completion — Phasel Construction Start — Phase 2 Substantial Completion — Phase2(8mos) Final Completion — Phase 2 February 8, 2018 February 8, 2018 February 28, 2018 March 20, 2018 April 4, 2018 April 11, 2018 April 12, 2018 May 17, 2018 May 17, 2018 August 6, 2018 August 6, 2018 November 5, 20181 November 5, 2018 November 19, 2018 January 7, 2019 January 7, 2019 July 7, 2020 September 7, 2020 July 7, 2020 March 7, 2021 April 7, 2021 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 degree of formality 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. BID REQUEST#61800059 Page 10 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. Provide structural design, as required. c. Civil engineering and site planning, as required. d. Prepare submittals to governing agencies for approval. e. Provide a schematic design package. f. Provide a design development package. g. Provide full and complete construction documents. h. Provide construction administration. i. Attend weekly design and construction meetings. j. Prepare building permit submittal, and assist in obtaining the permits. Make Building Department requested revisions. k. Provide an estimate of "reimbursables" that would be required for this project. I. Provide hourly rates for "additional services." m. Provide a design schedule n. Include all costs for architectural design services, programming, civil engineering, structural engineering, mechanical engineering, electrical engineering, and all other "consultant" fees in the proposal. o. As each phase of the construction documents are completed the firm will be expected to provide a construction budget at Conceptual, SD, DD & CD design milestones The Design Build Team must demonstrate the ability to perform a project of this scope and provide examples of such that were completed in the past five (5) years. As construction documents are completed, the firm will be expected to provide a construction budget including a Guaranteed Maximum Price ("GMP") at the conclusion of design. The County believes it is crucial that the firm be an interactive member of the project team and participate with the Architect and sub -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. c. Continually review (prepare reports, recommendations, etc.) all design document deliverable milestones 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 proposal results and recommend award to successful respondents 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. BID REQUEST #B1800059 Page 11 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, obtain competitive subcontract and material bids and have the opportunity to competitively bid portions of the work the contractor is qualified to self -perform. During this phase, the Design Build will provide without limitation, the following services: A. Design Build Team a. Monitor costs and prepare monthly project cost reports. b. Quality control. c. 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. d. Vendor drawing administration. e. Change Order management f. Preparation of monthly payment applications. g. Preparation and coordination of infrastructure acceptance submittals. h. Close out documentation Notice of Final Settlement process for all sub -contractors. i. The County may elect to purchase through separate contract the Jail Controls systems and the prefabricated steel jail cells that will be used on this project. Contractor will be responsible for seamlessly coordinating these installations. j. Any other construction services as may be required by Weld County. B. General Condition Services. a. Complete field staff and support, temporary facilities. b. Equipment and support not in direct cost. c. Manage permits held by Owner. d. Issue and manage agreements for testing and inspection services, surveying, etc. e. Coordination with utility companies. f. Support design team. g. Performance, labor, material & payment bond will be required. PROPOSAL DOCUMENTS Submit four (4) original hard copies AND one (1) electronic copy of your proposal signed by a person authorized to bind the party. 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 for the following: Architectural, Civil, Structural, Mechanical, Electrical and Plumbing. 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. BID REQUEST #B1800059 Page 12 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 for correctional institutions. 2) Provide data on the number of change orders that were accepted by the Owner and what percentage of change (+/-) they affected base contract. 3) List the owner, type of project, address and contact name for references and telephone numbers. 4) 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. Project Understanding: Provide a narrative that consolidates the required services for this project and specifically illustrate your firm's understanding of what is required. Include your firm's approach to programming and project deliverables in a Design Build contracted project. D. Current Workload: Provide a list of current project commitments by your proposed team including designers and the status of such projects. Identify the owner's representative, address and phone number for each project. E. 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. F. 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. G. EVALUATION CRITERIA The following criteria will be used to evaluate the proposal submitted in response to this Request for Proposal: A. Fee proposals and general conditions. B. Ability to provide and organize the items listed under the Proposal Documents stated above. C. Prior experience of firm and key staff on a similar project. D. Quality and experience of people assigned to the project — project manager, superintendent, design team, etc. E. Current workload, organizational depth and ability to deliver the project within the project's timeframe. F. Demonstrated ability to work with the design team providing conceptual estimating, value engineering, constructability, and scheduling services. G. Ability to provide the County a GMP for general conditions and/or the entire project and financial strength of the firm to stand behind the GMP. BID REQUEST #61800059 Page 13 H. Demonstrated ability to construction a project such as this to meet cost, schedule and quality goals. f. Proven track record with jobsite safety. J. Weld County (at its own discretion) may conduct interview(s) with firms that are competitive in price and/or quality. K. Each response must include all information and documents required by this RFP. Failure to furnish all required information and documents may result in the rejection of the proposal in its entirety. H. Fee Proposal: Provide the following on a separate sheet, inserted behind the Fee Proposal form found below. 1) Identify the fee your firm requires to provide Design Build services described in this RFP. The fee is to be based on your firm's estimate for this project's scope. A budget will not be provided. 2) Provide the cost of general conditions for this project for services described in this RFP. 3) Provide a fee for 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. I. Guaranteed Maximum Price (GMP): The County anticipates entering into a Guaranteed Maximum Price (GMP) Contract with the successful Design Build team after design is complete. Additional phases of work may be amended to the contract. 1) To obtain GMP, the contractor will obtain at least three competitive bids from subcontract work to include self -performed. Provide open book review of competitive bid results of subcontractors including self -performed work, recommendations, etc. 2) The County will have the successful firm include a 7/0 GC -controlled contingency in the GMP. This line item will be used to cover unknown conditions during construction. 3) The County may elect to purchase through separate contract the Jail Controls systems and the prefabricated steel jail cells that will be used on this project. Contractor will be responsible for seamlessly coordinating these installations. The costs of these third party contract "components" shall not be included in the GMP. 4) GMP will be contracted using a standard AIA contract (provided by contractor and reviewed/approved by County) for stipulated sum including schedule of values/supporting material. 5) Weld County reserves the right to take full design to competitive bid should contractor demonstrate inability to provide competitive bid GMP. BID REQUEST #61800059 Page 14 Complete the fee proposal below for your bid. Assumptions are the contractor's assumptions for completing this job. The fee proposal shall provide costs correlating to an assumed GMP. A fixed lump sum is required for line items 1 through 3. A Percentage or Lump Sum is acceptable for line items 4-6 (Overhead & Profit, Bonds & Other). If you have additional fees, provide attachments detailing those fees. FEE PROPOSAL A. Bidder Assumptions 1. Construction Duration Estimated # of Months 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) Or Lump Sum N/A $ N/A $ _ N/A NOTE: Winning contractor will be expected to enter into a standard AIA contract (provided by contractor and reviewed/approved by County) for this design build. BID REQUEST#81800059 Page 15 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1800059. 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 bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE _ SIGNATURE E-MAIL DATE 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 #61800059 Page 16 ADDENDUM#1 BID REQUEST NO. B1800059 JAIL 2 -WEST EXPANSION - DESIGN -BUILD Buildings & Grounds Dept. PLEASE NOTE THE FOLLOWING, SIGN AND , MAIL, BACK TO bldedihveldaay.com: Add the following to page 8 under "Types of Insurance:" Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater— Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically covers insured equipment during installation and testing (including cold and hot testing). g - The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. Performance and Payment Bonds During the construction contract phase, performance and payment (labor & material) bonds are required for 100% of the construction contract amount. The performance bond is to ensure that the vendor or contractor performs as it promised to do in fulfilling the obligations of the contract including quality, quantity and timeliness. The surety may be subject to the payment of damages (liquidated or otherwise) for a contractor's failure to properly complete a project in accordance with its agreement to do so. The payment bond is for the benefit of unpaid subcontractors, laborers, and material suppliers of the contractor or vendor. The bond is to make sure that those who provide labor and materials to the project, including those who provide services such as security and leased equipment are compensated as agreed by the contractor. ""We need twinned ceov on file. Thank Your** Addendum received by: FIRM ADDRESS CITY AND STATE BY TITLE EMAIL February 13, 2018 Jail 2 -West Questions & Answers Below are the answers to questions and answers that have occurred for the Jail 2 -West Expansion Design -Build Bid (B1800059). 1. In the Scope of Services, Pre -Construction section, Item 2.m; This requests that we will be asked to `Provide any other Pre -construction services as may be required by Weld County.' Since this statement is difficult to quantify, could you qualify what this could entail? ANSWER: The bid spec and these Q&A define what is anticipated for a design -build of a new facility. Any pre -construction service not specifically identified in these documents must be identified by the vendor if it is an additional fee beyond line item 2 (Design Fee under Fee Proposal) and the other service is required to complete the design. These fees should be itemized and identified on line item 6 of the Fee Proposal. 2. Same section, Item 2.n; This states that `Programming and design phase could require extended time with multiple plan revisions.' Since this statement is difficult to quantify, could you please clarify what the County's intentions are during this process? ANSWER: The intention is to proceed with a typical design of a new facility. During that process, revisions are anticipated to meet the operational needs. Our desire is to keep these to a minimum and remain on schedule. However, if owner requested revisions become excessive, the suspense dates for completing the design and subsequent construction may change. These potential changes will also impact the design team proposals. Therefore, the design team will need to take this into consideration when submitting proposals. 3. In the Construction Phase Section, Item 3.B.d; This states that our General Conditions Services include `Issue and manage agreements for testing and inspection services, surveying, etc.'. Will the county be hiring and paying for the following services separate of our contract?: a. 3rd party material testing and inspections for quality assurance? ANSWER: The County will use and pay for the 3rd party soils and concrete inspections with a currently established contract. Other third -party testing & inspections (e.g.. steel, surveying, etc.) will need to be provided in the proposal. b. Geotechnical investigation and reports? Jail 2 -West Questions & Answers ANSWER: Geotechnical investigations and reports are currently being finalized and will be available to design team. If completed before the bid due date, these reports will be posted on the web site. c. Phase 1 & 2 Environmental testing and reports? ANSWER: Phase 1 and 2 Environmental have not been completed for this phase of the jail. County will pursue. 4. Same section, General Conditions Services - Item 3.B.g states that `Performance, labor, material & payment bond will be required.' Is it correct to assume that since the Fee proposal form requests a separate cost percentage for Bonds (line item #5), that we do not need to include Bonds in General Conditions (line item #3)? ANSWER: This is correct. Bonding schedules vary by vendor. The Fee Proposal line item 5 (Bonds) should identify the bond schedule separate from the General Conditions line item. 5. Reference the Preliminary Schedule of dates provided in the RFP (page 10). a. At the preproposal meeting it was mentioned that the contractor needs to be complete with punch list (Final Completion) before the County moves into the new building. However the schedule implies that Phase 2 can start after Substantial completion of phase 1. Could you please clarify the County's approach to this overlapping schedule? ANSWER: It is anticipated that Phase 1 Substantial completion due on July 7, 2020 will also include a final completion with Certificate of Occupancy of the new sally port and oking area that includes completed access to the old portion of the jail for inmate transports to housing units. Once that is complete, Booking function will move from the old portion of the Jail to the new wing of the Jail. This will allow the start of Phase 2 also on July 7, 2020. From July 7th to Sep 7th, the remaining portion of the new wing will be finished/punched. b. Please identify the County's moving constraints as it pertains to the Phase 2 of the work. This information is necessary in order for us to state a completion time and quote our General Conditions. ANSWER: Once the new Sally Port and Booking area is completed with Certificate of Occupancy to include all Master Jail Controls functioning on July 7, 2020, the move is as Jail 2 -West Questions & Answers simple as shutting down the current Booking area and moving all inmate receiving to the new booking area. 6. Is there a defined scope or detail of the services provided by the Jail Controls and Monitoring vendor that will be contracted direct with the Owner? ANSWER: Installation of boxes and certain conduits for the Jail Controls will be the responsibility of the Design -Build contractor (locations identified during design). During design phase of this project the County will have the 3"1 party controls contractor present/review plans to ensure pathways and configurations meet the same operational parameters of the existing phases of the jail. To ensure complete compatibility with the new wing, the scope of the currently awarded Jail Controls Contractor for this project includes, but not necessarily 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 installed within this scope. 5. New system shall include all security and CCTV fiber optic cabling including, but not limited to, cablings (POE), 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. S. 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. Uninterruptable power supplies (UPS) shall have a run time of 45 minutes. 10. 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 phases of the jail and must connect all facility control centers via a fiber network in a redundant configuration. 11. 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. 12. Contractor shall maintain current utility system controls, TV, roof monitor system, and elevator controls, including, but not limited to: wiring, terminations at Jail 2 -West Questions & Answers control valves, and terminations at lighting control panels, relays, custom programming, equipment, hardware, software and licenses. 13. Provide one year warranty. One year warranty starts after completion of all installation activities and after substantial completion is agreed upon by owner. 14. 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. The contractor for the Design -Build of the 2 -West will need to provide and install the new door hardware, intercom speakers, and intercom pushbuttons. 15. System must maintain a 90 -day retention of all video surveillance. 16. 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. 17. 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. 18. Sequence, must allow for new system components to be operational and demonstrate reliability prior to removing old components from service. 19. Contractor must provide training to owner at pre -arranged dates on new systems. 20. Provide roof top cameras vvith locations to be determined during the design build. 7. Will Design -Builder be responsible for all design and installation of low voltage systems, structured cable, Audio Visual and Fire Alarm work? Should it be assumed that these scopes will be an extension of existing systems and if so can you provide vendor contact information or system types? ANSWER: The low voltage phone and data will be provided by the County through a separate 3rd party bid after design is complete. Design -Build contractor will be responsible for installation of these data boxes and conduit to accessible locations (identified during design). Installation of boxes and certain conduits for the Jail Controls described above will be the responsibility of the Design -Build contractor (locations identified during design). But the Jail Controls themselves will be installed by the 3rd party. AV and Fire Alarm Work and any other low voltage items will be responsibility of the Design -build contractor. The AV varies. Fire Alarm system at the jail is EST. Jail 2 -West Questions & Answers 8. What is the anticipated value of the SteelCell package that will be purchased direct by the owner. ANSWER: Unknown until design is complete. Also, certain locations (due to restrictive layout or population need) may not allow apre-fab cell to be able to be used. Implementation and installation coordination of these cells will be required by the Design Builder 9. What was the value of the 2008 Jail expansion that this project is anticipated to resemble? ANSWER: The wing that finished construction in 2018 was for $20 million 10. Can a draft or sample of the Agreement and General Conditions (or reference) be distributed for review? ANSWER: Standard AIA contract 11. Should Design -Builder include design and or Kitchen Consultant cost in the Design Fee for the Phase 2 new kitchen? ANSWER: Kitchen Consultant costs should be included in the Design Fee. 12. Can you provide a number of anticipated prefabricated cells and an approximate count of 1 bed, 2 bed and or group cells that may make up the desired 373 additional beds as referenced in the RFP? ANSWER: Unknown until design is complete. Also, certain locations (due b restrictive layout or population need) may not allow a pre-fab cell to be able to be used. 13. PG 14 Section H Item 4 of the Request for Bid Document: Please clarify if you are looking for labor rates for the construction team only or is the design team to be included in labor rate schedule? ANSWER: Provide a total hourly billing rate and monthly billing rate for each "supervisory/administrative" individual proposed for involvement both the pre - construction phase and construction phase of the project 14. Is there a completed drainage report? ANSWER: Yes. It will be posted on the web site. Jail 2 -West Questions & Answers 15. Can we have site tours? ANSWER: No 16. If the pre-fab pods are purchased by County after design is complete, who is responsible for installation? ANSWER: the purchase of the pre-fab cells is anticipated t0 be accomplished by Weld County. This would be for materials only and based on final design. The installation and integration will be the responsibility of the Design -Build contractor. 17. Are the utilities in the master plan? ANSWER: The serer lint was planned for and installed to the site years ago, The water tap was also coordinated with the City of Greeley. No Xcel work has been coordinated. 18. Are there security requirements outside of the cells? ANSWER: Yes. The entire new wing will be monitored and controlled using the Jail Control system that will be awarded as the 3rd party. Close coordination during design and construction is required by both parties. 19. Do the contractors have to have special security requirements? ANSWER: The new wing construction will be accessible from the exterior. So special security is not anticipated. 20. Is there a 3rd party materials tester? If so, who is the current vendor? ANSWER: The County has a 3r1 party material tester under contract. The current vendor is Terracon. 21. Who was the 2008 general contractor and architect? ANSWER: The general contractor was Roche Constructors and the architect was Bley & Associates. 22. Is environmental sustainability or LEED certification required with this project? ANSWER: Neither are required on this project. However, the County would want to take advantage of any XCEL, rebates for new equipment. Therefore, the Design -Build contractor will need to assist with information required for the County to complete the application process. 23. Is outside security required? Jail 2 -West Questions & Answers ANSWER: Security during construction, will consist of standard construction security fencing around perimeter. Security outside of the completed building is required in teens of security cameras, fencing, anal/or motion detection. Locations and needs will be identified during the design phase. 24. Will there be a public opening of submitted bids? ANSWER: Yes: Exhibit C • • • • WELD COUNTY, COLORADO #B1800059 JAIL 2 WEST EXPANSION DESIGN -BUILD PROPOSAL ANSI S. MARCH 20, 2018 X22 Roche • • • ar HAUSER Constructors, Inc. �>Roche Constructors, Inc. March 20, 2018 Mr. Toby Taylor Weld County, Colorado 1150 O Street Greeley, CO 80631 Re: Jail 2 West Expansion #B1800059 Dear Toby: �vwdAti oki lecon SEI uctors.com Roche Constructors and Hauser Architects are very excited to be a part of your team for the referenced project. Our local government project experience — including our experience completing design -build projects for Weld County — coupled with our detention experience will ensure a successful project for the County. Since the inception of Roche Constructors in 1971, the company has completed design -build projects totaling $300 million. Of the ten projects Roche has completed for Weld County, four of those projects were design -build. Three of those projects were completed with our design partner, Hauser Architects. We also have extensive de- tention experience. In 2017, we completed projects at the Adams County Detention Center and The GEO Group's Aurora ICE Processing Center. Our experience is detailed in Tab B: Firm Experience. We have selected Hauser Architects as our design partner. Hauser has established a successful history of providing architectural services for governmental, municipal, school district, and private sector clients. As stated previ- ously, Roche and Hauser have a strong relationship and have worked together many times. Since 2004, we have teamed together on seven design -build projects. Hauser's design experience, along with our County and deten- tion experience, will provide our team with the necessary tools to successfully design and construct this project. I personally guarantee the success of this project. Our "open door" policy with owners allows total access to our senior management staff, including me. Call me at any time. I am confident that the project will be a success of which we can all be extremely proud. Sincerely, ROCHE CONSTRUCTORS, INC. agerre-oC--eC Thomas J. Roche President and CEO (970) 356.3611 (970) 356.3619 Denver Metro (303) 534.3716 361 71st Avenue Greeley, CO 80634 ADDENDUM#1 BID REQUEST NO B1800059 JAIL 2 -WEST EXPANSION - DESIGN -BUILD Buildings & Grounds Dept PLEASE NOTE THE FOLLOWING, SIGN AND EMAIL BACK TO bidsaweldgov corn' Add the following to page 8 under "Types of Insurance " Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution nsk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor descnbed in the Contractor's scope of services Policy shall cover the Contractor's completed operations Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos) If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained or an extended discovery period will be exercised for a penod of three (3) years beginning from the time that work under this contract is completed The policy shall be endorsed to include the following as Additional Insureds "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" Minimum Limits Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction In which the Project is located, Builders' Risk Insurance imthe amount of the initial Contract Sum, plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles a Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site b Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County's has insurable interest in the property to be covered, whichever is later c The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project d The Builders' Risk Coverage shall be wntten on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading e The Builders' Risk shall include a Beneficial Occupancy Clause The policy shall specifically permit occupancy of the building during construction County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy The Builder's Risk Policy shall remain in force until acceptance of the project by the County f Equipment Breakdown Coverage (a k a Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically covers insured equipment during installation and testing (including cold and hot testing) g The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc Performance and Payment Bonds Dunng the construction contract phase, performance and payment (labor & materal) bonds are required for 100% of the construction contract amount The performance bond is to ensure that the vendor or contractor performs as it promised to do in fulfilling the obligations of the contract including quality, quantity and timeliness The surety may be subject to the payment of damages (liquidated or otherwise) for 4 contractor's failure to properly complete a project in accordance with its agreement to do so The payment bond is for the benefit of ynpaid subcontractors, laborers, and material suppliers of the contractor or vendor, The bond is to make sure that those who provide labor and materials to the project, including those who provide services such as security and leased equipment are compensated as agreed by the contractor ***We need signed copy on file Thank `foul*** Addendum received by February 13, 2018 Roche Constructors, Inc FIRM 361 71st Avenue ADDRESS Greeley, CO 80634 CITY AND STATE ��_ BY Thomas J Roche President & CEO TITLE troche@rocheconstructors com EMAIL • • • • WELD COUNTY, COLORADO TAB A: FIRM INFORMATION DESIGN -BUILD PROPOSAL Roche ••• mir HAUSER Constructors, Inc. TAB A: FIRM INFORMATION #81800059 • Jail 2 West Expansion ITEM 1: CONTACT OFFICE Roche Constructors will be the contact office for the project. The primary point of contact will be Tom Roche. 361 71st Avenue, Greeley, CO 80634 Phone (970) 356-3611 /Cell (970) 396-9341 / troche@rocheconstructors.com ITEM 2: STAFFING CHART i Mt lioche COn9trUCfOrS. Inc. i Greg Lockwood Senior Project Manager i III HAUSER Duane Zolotar Precon Mgr/Sr. Estimator Preconstruction/ Estimating Staff Jake Wichmann Superintendent Troy Privette Project Engineer Subcontractors Et Suppliers ••• f: Al Hauser, AIA Principal Rick Hazel Project Architect Consultants G2 CONSULTING ENGINEERS, INC. (Mechanical/Electrical/Plumbing) Greg Peterson, Principal, Project Director David Manring, Principal, Mechanical Director Chris Anderson, Principal, Electrical Director Dave Smith, Associate, MEP Project Manager Nick Casady, Commissioning Director, Controls Eng. Kate Hodgson, Senior Electrical Project Manager Virginia Schofield, Mechanical Project Manager CONSULTING ENGINEERS. INC. �2 Roche laRT FUSER Censtructoss Inc • • MARTIN/MARTIN, INC. (Structural) Patrick McManus, Principal Pontus Ugander, Principal MARTIN/MARTIN CONSULTING ENGINEERS NORTHERN ENGINEERING (Civet) Steve Butherus, Principal/Project Manager N: NORTHERN ENGINEERING Page 1 TAB A: FIRM INFORMATION #B1800059 • Jail 2 West Expansion ITEM 3: PROPOSED FIRMS Roche Constructors will use the following firms for design services: If HAUSER C2 CONSULTING ENGINEERS, INC. as000nZC O N S U l T i N G ENGINEERS MARTIN/MARTIN ARCHITECTURAL: Hauser Architects, P.C. 3780 E. 15th Street, Loveland, CO 80538, (970) 669-8220 MECHANICAL, ELECTRICAL, Et PLUMBING: G2 Consulting Engineers, Inc. 1039 Main Street, Suite G, Windsor, CO 80550, (970) 460-7400 STRUCTURAL: Martin/Martin, Inc. 1600 Specht Point Road, Suite 117, Fort Collins, CO 80525, (970) 295-4722 NORTHERN CIVIL: Northern Engineering ENGINEERING 820 8th Street, Greeley, CO 80631, (970) 395-9880 ITEM 4: RESUMES Resumes for our proposed team members are enclosed on the following pages. Roche Constructors, Inc. • Greg Lockwood, Senior Project Manager • Jake Wichmann, Project Superintendent • Troy Privette, Project Engineer • Duane Zolotar, Preconstruction Manager/Senior Estimator G2 Consulting Engineers • Greg Peterson, Principal, Project Director • David Manring, Principal, Mechanical Director • Chris Anderson, Principal, Electrical Director • Dave Smith, Associate, MEP Project Manager • Nick Casady, Commissioning Director/Controls Engineer • Kate Hodgson, Senior Electrical Project Manager • Virginia Schofield, Mechanical Project Manager Hauser Architects • Al Hauser, Principal • Rick Hazel, Project Architect Martin/Martin, Inc. • Patrick McManus, Principal • Pontus Ungander, Principal Northern Engineering • Steven Butherus, Principal/Project Manager • • • ITEM 5: STAFFING AGREEMENT Our team understands that no changes are allowed in the approved project personnel unless approved by Weld County. • • • let Roche THAUSER Page 2 TAB A: FIRM INFORMATION #81800059 • Jail 2 West Expansion ITEM 6: FINANCIAL STATEMENT An audited financial statement has been provided in a separate envelope. • Banking Reference Community Banks of Colorado, Sarah Burchett 3780 W. 10th Street, Greeley, CO 80634 sburchett@nbhbank.com, (970) 392-5823 • Credit Available: $5,000,000 ITEM 7: INSURANCE CERTIFICATE A certificate of insurance in enclosed after the resumes. ITEM 8: LEGAL INFORMATION Roche Constructors has no lawsuits pending or threatened against the company or any of its principals. ITEM 9: BONDING Roche Constructors bonding limits are as follows: • Single Project: $125,000,000 • Aggregate Program: $250,000,000 A bonding letter is enclosed after the insurance certificate at the end of this section. ••• 1222 Roche �uu�HAUSERvic cynstructors • • • Pa3e 3 GREG LOCKWOOD Senior Project Manager, Roche Constructors, Inc. WELD COUNTY GOVERNMENT PROJECTS • $10.8 MM, Weld County North Jail Complex Phase III, Greeley, CO • $7.8 MM, Weld County North Jail Complex Phase I, Greeley, CO DETENTION Et GOVERNMENT PROJECTS • $63.3 MM, Aurora ICE Processing Center, Aurora, CO • $14.0 MM, Greeley Public Safety Facility, Greeley, CO • $9.9 MM, Southern Peaks Regional Treatment Center, Canon City, CO • $8.4 MM, 460th Security Forces Squadron Facility, Buckley Air Force Base, Aurora, CO • $3.0 MM, Adams County Mental Health Unit Renovation, Brighton, CO • $0.74 MM, City of Greeley Youth Et Family Connections Center, Greeley, CO ADDITIONAL PROJECTS • $116.0 MM, Flatiron Crossing Retail Et Site Development, Broomfield, CO • $21.9 MM, Erie High School, Erie, CO • $19.5 MM, Centre Court Apartments, Louisville, CO • $19.1 MM, Conservatory Green ECE-8 School, Denver, CO • $16.1 MM, Marketplace at Centerra, Phase II, Loveland, CO • $15.2 MM, Safeway Pharmacy Remodels, CO, NE, Et SD • $14.5 MM, Target Store No. T-2717, Lakewood, CO • $13.2 MM, Westminster City Center Marketplace, Westminster, CO • $9.1 MM, University Middle School, Greeley, CO • $7.8 MM, Center Court Village Demolition, Building B, Site Development, and Alfalfa's Market, Louisville, CO • $7.5 MM, Hilltop Village Shops Et Site with King Soopers No. 101, Thornton, CO • $7.4 MM, Shops at Ralston Creek, Arvada, CO • $7.0 MM, 29th Street Parking Garage Et Retail Building 1J, Boulder, CO • $6.5 MM, West Ridge Academy New Campus, Greeley, CO • $6.4 MM, Windsor Charter Academy Middle School, Windsor, CO • $4.6 MM, Agrium Pilot Plant Et Lab, Greeley, CO • $4.4 MM, TargetExpress Store No. T-3279, Denver, CO • $2.9 MM, Bank of Choice, Fort Collins, CO • $1.3 MM, Guaranty Bank Remodel, Denver, CO • • • Mt Roche Constructors. Inc. Weld County Jail Phase III Weld County Jail Phase I N. Aurora Processing Center L Greeley Public Safety 460th Security Forces Adams Cty. Mental Health Conservatory Green ECE-8 West Ridge Academy • • • EXPERIENCE 26 years in the industry; 23 years with Roche; $540 MM in project experience EDUCATION B.S. Civil Et Environmental Engineering University of Cincinnati CERTIFICATIONS LEED Accredited Professional Certified U.S. Army Corps of Engineers Construction Quality Management for Contractors REFERENCES • Sara Schesser, Humphries Poli Archi- tects (formerly with Denver Public Schools) (303) 607-0040 • Brianne Smith RB-+B Architects, Inc. (970) 484-0117 • Captain Mike Savage, Greeley Police Dept. (970) 371-1892 JAKE WICHMANN Project Superintendent, Roche Constructors, Inc. DETENTION Et GOVERNMENT PROJECTS • $63.3 MM, Aurora ICE Processing Center, Aurora, CO • $8.4 MM, 460th Security Forces Squadron Facility, Buckley Air Force Base, Aurora, CO • $3.0 MM, Adams County Mental Health Unit Renovation, Brighton, CO ADDITIONAL PROJECTS • $89.0 MM, Orchard Town Center, Westminster, CO • $15.2 MM, Safeway Pharmacy Remodels, CO, NE, Et SD • $10.3 MM, Walmart Supercenter No. 3730, Prescott Valley, AZ • $10.0 MM, Cherry Creek School District Fremont Building Renovation, Centennial, CO • $9.1 MM, Aims Community College PE Et Recreation Center Expansion, Greeley, CO • $6.2 MM, Safeway Store No. 2791 Et Southbridge Shopping Center Retail Building A, Littleton, CO • $4.8 MM, Aims Cornerstone Building Remodel, Greeley, CO • $3.8 MM, Vestas Blades America Paint Facility, Brighton, CO • $2.7 MM, Kum Et Go Store No. 0320, Thornton, CO • $2.0 MM, Gateway Park Site Development, Berthoud, CO • $1.8 MM, Aims Campus -Wide Staff Realignment, Greeley, CO • $1.2 MM, Aims Allied Health Laboratories Remodel, Greeley, CO • $0.98 MM, Target Store No. T-0256 Rightsize Remodel, Aurora, CO • $0.93 MM, Storeit Wise at Northview Addition, Greeley, CO • $0.69 MM, Target Store No. T-2031 Rightsize Remodel, Albuquerque, NM • $0.67 MM, Safeway Store No. 920 Fuel Station, Estes Park, CO • • • AI Roche CoriotruGtors. Inc. Aurora Processing Center Adams Cty. Mental Health 460th Security Forces Aims PE & Rec Center Exp. Aims Cornerstone Bldg. • • EXPERIENCE 19 years in the industry; 11 years with Roche; $234 MM in project experience EDUCATION B.S. Construction Management Colorado State University CERTIFICATIONS • LEED Accredited Professional BD -IC • OSHA 30 -Hour Course for Occupational Construction Safety Et Health • Associate Constructor Certification, American Institute of Constructors REFERENCES • Michael Millsapps, Aims Community College, (970) 339-6376 • John Murdock, Trautman Et Shreve, (303) 295-1414 • Dan Flori, Safeway Inc., (303) 843-7554 • John Scales, Galloway, (303) 770-8884 Page 5 TROY PRIVETTE Project Engineer, Roche Constructors, Inc. DETENTION PROJECTS • $3.1 MM, Aurora ICE Processing Center Renovation, Aurora, CO ADDITIONAL ROCHE PROJECTS • $13.0 MM, King Soopers Marketplace No. 137, Retail Shops, Et Fuel Center, Arvada, CO • $2.7 MM, Natural Grocers South Broadway, Denver, CO • $0.75 MM, Natural Grocers/Equity Ventures Office Building, Denver, CO PROJECTS WITH PREVIOUS EMPLOYER • Anthem Subdivision New Home Construction, Broomfield, CO • Bramming Farms Subdivision New Home Construction, Thornton, CO • Brantner Village Subdivision New Home Construction, Thornton, CO • Delos Plaza, Louisville, CO • Fallbrook Subdivision New Home Construction, Thornton, CO • Lafayette Assisted Living, Lafayette, CO • Outdoor Living Projects Renovations/Remodels, CO • Pollard Jeep Dealership, Boulder CO ••• ga Roche Constructors, Inc. Aurora Processing Center Annex Renovation Natural Grocers/Equity Ventures Office Building Natural Grocers South Broadway • • • EXPERIENCE 6 years in the industry; 1 year with Roche EDUCATION B.S. Construction Management Colorado State University CERTIFICATIONS OSHA 10 -Hour Et 30 -Hour Courses for Occupational Construction Safety Et Health REFERENCES Michael Sklar H i l lc rest Glass (303) 931-1655 Taylor Hudson Richmond American Homes (720) 415-8118 Patrick Steeno Richmond American Homes (303) 434-6844 Page 6 DUANE ZOLOTAR Preconstruction Manager/Senior Estimator, Roche Constructors, Inc. DETENTION Et GOVERNMENT PROJECTS • $8.4 MM, 460th Security Forces Squadron Facility, Buckley Air Force Base, Aurora, CO • $3.0 MM, Adams County Mental Health Unit Renovation, Brighton, CO ADDITIONAL PROJECTS • $89.0 MM, Orchard Town Center, Westminster, CO • $57.4 MM, Target Et SuperTarget Stores (total of 7), CO Et NV • $48.0 MM, Walmart Supercenters (total of 3), CO 8t NV • $23.7 MM, Don Et Dee Snyder Elementary, Las Vegas, NV • $17.4 MM, Safeway Stores (total of 3), CO Et WY • $15.0 MM, Target Store Additions Et Remodels (total of 3), CO Et NV • $14.3 MM, Liliam Lujan Hickey Elementary, Las Vegas, NV • $11.1 MM, Trail Ridge Middle School, Longmont, CO • $10.8 MM, Coal Ridge Middle School, Firestone, CO • $10.0 MM, Cherry Creek School District Fremont Building Renovation, Centennial, CO • $8.1 MM, North Valley Middle School Renovation, LaSalle, CO • $7.5 MM, Hilltop Village Shops Et Site with King Soopers No. 101, Thornton, CO • $7.3 MM, Arroyo Market Square Bed Bath Et Beyond, Marshalls, Et Michaels, Las Vegas, NV • $6.6 MM, Frontier Academy, Greeley, CO • $5.9 MM, 29th Street Parking Garage, Boulder, CO • $5.0 MM, Pete Mirich Elementary Renovation, LaSalle, CO • $4.5 MM, North Star Academy East Campus Expansion Et Renovation, Parker, CO • $4.2 MM, Flatiron Crossing Flatwork Remediation, Broomfield, CO • $3.5 MM, Walmart Store No. 2842-02 Remodel, Corona, CA • $3.3 MM, Vons Store No. 2613, Las Vegas, NV • $2.9 MM, Flatiron Crossing Lord Et Taylor Renovation, Broomfield, CO • $2.9 MM, Orchard Town Center Bldg. V Et REI, Westminster, CO • $2.3 MM, Tri-Delta CMU Plant Addition, North Las Vegas, NV • $2.1 MM, Flatiron Crossing Village Renovation Phase I, Broomfield, CO • $0.82 MM, Kroger Warehouse Renovation, Aurora, CO • • • ola Roche Constructors. Inc. 460th Security Forces Adams Cty. Mental Health Orchard Town Center Don Et Dee Snyder Elementary School ankalinemmoimimimi Cool Ridge Middle School Frontier Academy • • • EXPERIENCE 23 years in the industry; 11 years with Roche; $386 MM in project experience EDUCATION B.S. Construction Management Colorado State University CERTIFICATIONS • Certified Professional Estimator, American Society of Professional Estimators • LEED Accredited Professional REFERENCES • Matthew Schaefer Adams County, CO 720-523-6060 • Andy Fiamengo Diversified Consulting Solutions, Inc. (303) 877-7306 • Scott Dangel TreanorHL (303) 298-4700 • Edward Bledowski DLR Group 719-313-5750 Page 7 ALAN HAUSER, AIA Principal, Hauser Architects, P.C. As a principal of Hauser Architects, P.C., Al is fluent in the processes of design, construc- tion documents, and construction contract administration. His work includes design team leadership in new construction, additions, and extensive remodeling projects. These proj- ects have included work in the public and private sectors as well as various governmental agencies. Al received the Larimer County Building Department's Recognition Award for Outstanding Professionalism through the Construction Process. In addition to his professional practice, Al is actively involved with several civic organiza- tions in Loveland. He has served on the City of Loveland Parks and Recreation Commis- sion, is a member of the Loveland Sertoma Club, past president of the Loveland Chamber of Commerce, Board of Directors for Center for Adult Learning, and Vice President of the Loveland High Plains Arts Council. PROJECTS • Boys and Girls Clubs of Larimer County, Loveland, CO • Sterling Banner Clinic, Sterling, CO • Pediatric Urgent Care, Timnath, CO • Bank of Colorado, Loveland and Akron, CO • High Plains Environmental Center, Loveland, CO • Johnstown Public Works Facility, Johnstown, CO • Candlelight Dinner Theater, Johnstown, CO • Thompson R2 -J Winona Elementary School Et Monroe Early Childhood Center, Loveland, CO • Hospice of Larimer County, Fort Collins, CO DESIGN -BUILD PROJECTS COMPLETED WITH ROCHE CONSTRUCTORS • $5.1 MM, Weld County Social/Human Services Building, Greeley, CO • $4.7 MM, North Range Behavioral Health, Greeley, CO • $2.5 MM, Frederick Public Works Facility, Frederick, CO • $1.8 MM, Weld County North Business Park Administration Building, Greeley, CO • $1.7 MM, R.A. Clark Emergency Operations Center, Black Hawk, CO • $1.3 MM, Ashcroft Heights Retail Building, Evans, CO • $0.78 MM, Weld County Alternate Communications Dispatch Center, Greeley, CO • • • EDUCATION BS Architectural Studies University of Illinois, 1974 Master of Architecture University of Illinois, 1976 REGISTRATION Registered Architect in CO, WY, MT, Et NE LEED Accredited Professional National Council of Architectural Registration Boards Certificate AFFILIATIONS American Institute of Architects HISTORIAL FOOTNOTE • WELD COUNTY CENTENNIAL CENTER COURTHOUSE PLAZA, DOWNTOWN GREELEY (1977-1978) Al worked with Bob Shreve, Loren Bley, and Peter Boer as the architectural design team at NHPQ in Greeley during the original design of the Weld Centennial Center in 1977. The Weld County Jail and the Weld County Administra- tion Building were part of the Courthouse Block Redevelopment Project. In 1978, Alan Hauser worked as the on -site architectural representative for NHPQ during the one-year construction phase of the Centennial Center. During that time, Don Bower was the Weld County Sheriff and Richard Shockley was the Under -Sheriff. ... slir HAUSER Page 8 RICK HAZEL Project Architect, Hauser Architects, P.C. Rick has experience in all phases within the field of architecture with over 24 years of professional experience with both publicly and privately funded projects. Rick graduated from Iowa State University in 1993 with a Bachelors of Architecture degree. He has man- aged a variety of projects from concept through completion and has worked for architec- tural firms in Iowa, Wisconsin, and Wyoming before moving to Colorado in 1998. He was a staff architect for Architecture One in Loveland from 1998 to 2003 when he transferred to Hauser Architects in 2003 and worked until 2009. Rick rejoined the company in 2014. PROJECTS WITH HAUSER ARCHITECTS • Weld County Human Resources Building • North Range Behavioral Health Building • Stower Orthodontics • Golden Fire Department Station #1 • Governor's Ranch Professional Park Development • Silver Mine Subs • Platteville Pioneer Museum • Candlelight Dinner Playhouse • Winona School - Thompson School District • Monroe Early Childhood Center • New Vision Charter School • Boys and Girls Club of Loveland • Big O Tires • East Pointe Neighborhood Center Development • PDC Energy Regional Office Building • Blue Mountain Winery • Human Bean Coffee Shop • The Children's House Childcare Center ADDITIONAL EXPERIENCE • Rodney Wright Architect (Wisconsin): Oneida Early Childhood Center, Jansport Child Care Center, Hand in Hand Child Care Center, Aid Association of Lutherans Early Childhood Center, Oneida Nation Child Care Center • Rundquist Et Hard (Wyoming): Campbell County High School (South Campus), Saint Matthew's Family Life Center, Big Horn Pediatric Clinic, Community Homeless Shelter Phase I, Tri-County Electric Office Building, Antelope Heights Senior Center, Camplex Central Pavilion • Architecture One (Colorado): Bank of Colorado Addition, McKee Family Dentists Medi- cal Office Building, McKee Children's Center, Boyd Lake Veterinary Center, Sunflower Community Building, Cottonwood Elementary School Addition, Showtime Retail Cen- ter • By Architectural Means (Wyoming): University of Wyoming Enzi Educational Facility (STEM), Prairie Wind Elementary School, Laramie County Community College Health Science Third Floor TI, University of Wyoming War Memorial Stadium Improvements, Torrington High School Remodel, University of Wyoming Arena Auditorium Improve- ments, Goshen County School District Administration Office Building • CKA Architects Et Engineers (Colorado Branch Office): Liberty Dialysis Medical Centers (TX,ID, OH), Fresenius Medical Care Centers (CO, WY), Nx-Stage Medical Centers (MA, MD) ... lor HAUSER • • • EDUCATION Bachelors of Architecture Iowa State University, 1993 REGISTRATION Registered Architect in CO, IA, NE, Et WY National Council of Architectural Registration Boards Certificate AFFILIATIONS American Institute of Architects Association of Licensed Architects International Code Council GREG PETERSON • • Principal, Project Director, G2 Consulting Engineers, Inc. Greg serves as the Mechanical, Electrical, and Plumbing Project Director for G2 Consult- ing Engineers. He provides leadership and general direction for the firm. As a hands-on engineer, Greg is involved with projects from conceptual design thru construction admin- istration and Owner occupancy. Greg began his engineering career in 1999. After spending eighteen years at a MEP engineering firm where he held the position of Senior Project Manager, he along with his two business partners founded G2 Consulting Engineers in 2016. Throughout Greg's career he has been involved in numerus large scale hotel, convention center, multi -family, and casino projects located throughout the United States. His hospi- tality experience complements a broader experience with LEED certified projects, mixed - use, commercial, worship, retail, restaurant, educational, and residential projects. Greg has extensive field experience performing energy audits, indoor air quality studies, facili- ties assessments, forensic engineering studies, commissioning, and troubleshooting MEP systems. Greg's wide range of design and field experience allows him to bring a unique engineering perspective to projects teams. Greg is able to blend his MEP design exper- tise, his understanding of energy usage within buildings along with his extensive field experience to deliver MEP designs that perform. One of Greg's strongest skills sets is listening to Owners, Architects, Contractors, and oth er key project team members and then delivering MEP designs that meet or exceeds the team's goals and expectations. Greg also has a knack for explaining complex engineering concepts in a way the project team — Owners, Architects, Consultants and Contractors can understand. RELATED PROJECT EXPERIENCE • Gaylord Palms Expansion, 310 Keys; Kissimmee, FL • Ameristar Black Hawk Hotel, 536 Keys; Black Hawk, CO • Greeley Hotel, 146 Keys; Greeley, CO • Coburn Crossing, 114 Key; Truckee, CA • Aloft Hotel, 125 Keys; Westminster, CO • Gaylord Texan Expansion, 308 Keys; Grapevine, TX • TowneHome Suites, 130 Keys; Aurora, CO • Gaylord National Riverfront Ballroom • Golden Nugget Lake Charles, Commissioning • Lone Butte Casino Expansion • American Duchess, 166 -Passenger Cruise Ship • Union Colony School; Greeley, CO • • • Gp CONSULTING ENGINEERS. INC. • EDUCATION B.S. Architectural Engineering University of Wyoming 1998 REGISTRATION Professional Engineer, Multiple States CERTIFICATIONS AEE Certified Energy Manager (CEM) AEE Certified Building Commissioning Professional (CBCP) AEE Certified Energy Auditor (CEM) LEED Accredited Professional DAVID MAN RING Principal, Mechanical Director, G2 Consulting Engineers, Inc. David serves as the Mechanical Director for G2 Consulting Engineers providing direction and leadership for all mechanical, plumbing and commissioning work. David has more than 16 years of experience and is a founding member of the firm. His career began in Southern California where he was involved with project types ranging from LEED certified projects, education, worship, healthcare, commercial, manufacturing, restau- rant, retail, municipal, and hospitality. David moved to Colorado in 2006 and continued his career with an emphasis in the gaming and hospitality markets among others. His diverse portfolio of projects includes a variety of clients, uses, and building construction types. Being a Certified Energy Manager, coupled with extensive energy modeling, field, and commissioning experience has given David a unique understanding of energy use within buildings. Being involved in many market segments has helped David develop an awareness of client and project requirements with a strong focus on details that make a project successful. Coupling David's time spent commissioning, energy modeling, and performing energy au- dits with his design and project management experience has given him a unique perspec- tive of understanding all the critical details involved in the successful integration of HVAC systems into any number of project types. RELATED PROJECT EXPERIENCE • Pechanga Resort Hotel Expansion, 568 -Key Hotel • Chumash Casino Resort Hotel Expansion, 215 -Key Hotel • Gaylord Palms Expansion, 310 Keys; Kissimmee, FL • Vee Quiva Casino and Hotel, 90 Key Hotel • Aloft Hotel, 125 Keys; Westminster • TowneHome Suites, 130 Keys; Aurora, CO • American Duchess, 166 Passenger Cruise Ship • Cheeca Lodge Hotel, Islamorada FL • Golden Nugget Casino Lake Charles Commissioning • Tahoe Lodge, 119 units, Tahoe City, CA ••• ra near) CONSULTING N IN ENGINEERS EER5 INC EDUCATION Bachelor of Science Mechanical Engineering Cal Poly University 2001 REGISTRATION Professional Engineer, Multiple States CERTIFICATIONS AEE Certified Energy Manager (CEM) LEED Accredited Professional AFFILIATIONS ASHRAE Member • • • Page 11 CHRIS ANDERSON Principal, Electrical Director, G2 Consulting Engineers, Inc. Chris serves as the Electrical Director for G2 Consulting Engineers, which provides direc- tion and leadership for all electrical, low voltage, and architectural lighting design activi- ties. Chris began his career at an electrical engineering firm in Nevada where he held the position of Senior Project Manager. After sixteen years of service at the firm, Chris moved to Colorado to pursue additional professional opportunities. During his first five years in Colorado, Chris worked for an MEP engineering firm, eventually serving as the head of their electrical department. In 2016, Chris along with his two business partners, founded G2 Consulting Engineers, Inc. Chris has been involved in numerous projects types. Throughout his tenure, he has man- aged and designed many large-scale gaming and hospitality projects across the United States. This experience has proven vital, as projects of this nature often contain many technical aspects of engineering and design which carry over into additional markets in which Chris has been able to apply this knowledge. It has complemented a career of broader projects types, including mutli-family, LEED certified projects, educational, wor- ship, healthcare, mixed -use, commercial, housing, restaurant, retail, assessment, master planning, conference and convention centers among others. Chris' grasp of power, lighting, architectural lighting, and low voltage systems design together with his ability to effectively communicate and identify client objectives and goals, provide a successful blend of service to our clients. As a testament to this brand of service, Owners, Architects, and contractors routinely return for repeat business. Chris represents a unique combination of engineering fundamentals, communication skills, and proven technical ability with computer aided drafting and BIM programs. He is equally at home in the office or in the field, where he regularly spends time performing due dili- gence observations, construction administration activities, and commissioning electrical related systems. RELATED PROJECT EXPERIENCE • Gaylord Texan Expansion, 300 -Key Hotel • Vee Quiva Casino and Hotel, 90 Key Hotel • Tahoe Lodge, 119 units, Tahoe City, CA • Ameristar Hotel Black Hawk, 500 -Key Hotel • Granite Range Remodel, 80 -Key Remodel • Aloft Hotel, 125 Keys; Westminster • Gaylord Palms Expansion, 310 Keys; Kissimmee, FL • Golden Nugget Casino and Hotel Lake Charles Commissioning, 750 -Key Hotel • TowneHome Suites, 130 Keys; Aurora, CO • American Duchess, 166 passenger vessel • Heavenly Tamarack Lodge • • • 'G CONSULTING ENGINEERS. INC. • • • EDUCATION TA Architectural Drafting Er Design Hi -Tech Institute, Phoenix 1995 CERTIFICATIONS LEED Accredited Professional EXPERIENCE 21 years of Experience Page 12 DAVE SMITH Associate, MEP Project Manager, G2 Consulting Engineers, Inc. Dave serves as a Project Manager for G2 Consulting Engineers. He graduated with an Architectural Engineering degree from Kansas State University, and is proficient in design- ing mechanical, electrical, and plumbing systems. Dave's multi -discipline background en- ables him to effectively coordinate all aspects of a project from the beginning of design through construction administration. Dave worked as a mechanical and electrical engineer at two fast paced MEP firms prior to joining the G2 team in 2016. He has experience designing and managing a wide range of projects from large-scale gaming and hospitality projects to small office renovations. Dave has spent a large amount of time in the field trouble shooting existing HVAC issues, conducting MEP field work, performing indoor air quality studies, and commissioning new and existing systems. His broad experience makes him a valuable addition to G2's design team. Dave recognizes the importance of highly coordinated projects. He has designed MEP systems in which have been largely unseen and heard, but effectively serve the space. He has excelled on projects with changing scopes, challenging schedules, and difficult exist- ing conditions. RELATED PROJECT EXPERIENCE • Gaylord Texan Expansion, 300 -Key Hotel • Gaylord National Riverfront Ballroom • American Duchess, 166 Passenger Cruise Ship • Union Colony School; Greeley , CO • Golden Nugget Casino and Hotel Commissioning • Aloft Hotel, 125 Keys; Westminster • Ameristar Casino Kansas City Club 38 • TowneHome Suites, 130 Keys; Aurora, CO • Eldorado Hotel Renovation • Ameristar Council Bluffs Hotel Renovation • Wyandotte Nation Casino Expansion, 25,000 SF • Yauatcha Houston • • • "2 CONSULTING ENGINEERS INC • • • EDUCATION Bachelor of Science Architectural Engineering Kansas State 2010 REGISTRATION Professional Engineer, Multiple States CERTIFICATIONS LEED Accredited Professional AFFILIATIONS ASHRAE Member Page 1.3 NICK CASADY • • Commissioning Director/Controls Engineer, G2 Consulting Engineers, Inc. Nick serves as G2's Commissioning Director and Lead Controls Engineer. He works with the owner, design team, and contractors to ensure that the project goals are met. These goals include delivering a project on time and within budget. Nick has 12 years of experience and has served as a designer, project manager, and com- missioning authority for all types of projects including hotels, mixed -use, residential, education, corporate, amusement, healthcare, commercial, grocery, restaurant, and retail projects. His main strength lies in his ability to document all project information and clearly com- municate all roles and responsibilities to the project team from schematic design through warranty. Communication is the key to ensure that the design team contract documents convey all expectations to the construction team through project completion. He works with the contractors to review issues on site, allow them to correct deficiencies, track all items until they are fixed, and then back check to ensure that systems are performing in line with the owner's expectations. His next step is to develop a relationship with the facility maintenance team to ensure that they have been properly trained on all systems to understand all schedules and modes of operation that will lower utility bills and allow equipment to run as efficient as possible for the life of the building. Nick has extensive experience dealing with Energy Codes and ensuring that all project documentation is completed on time in order for the facility to obtain their Certificate of Occupancy. At the outset of each project, he will engage the Authority Having Jurisdic- tion (AHJ) to discuss code interpretations and pass on all exceptions to the project team. RELATED PROJECT EXPERIENCE • Johnston County Justice Annex, Olathe, KS • Plaza Vista — Hotel Sorella Et Polsinelli Headquarters, Kansas City, 286,460 SF/ 225,000 SF • Disneyland Buena Vista Street, Condor Flats, Rushin' Rivers, Et Soarin' Over Califor- nia, Anaheim, CA • Black Et Veatch World Headquarters, Kansas City, 599,000 SF • Eleven Bowie, Austin, TX, 630,000 SF • UCM The Crossing, Warrensburg, MO, 185,000 SF • Convene, New York, 75,900 SF • Teva Neuroscience Corporate Headquarters, Overland Park, KS, 154,270 SF • One Uptown, Dallas, TX, 308,000 SF • • • �Ca CONSULTING ENGINEERS. INC. • EDUCATION Bachelor of Science Mechanical Engineering & CS Kansas State University 2006 REGISTRATION Professional Engineer, Kansas CERTIFICATIONS ASHRAE Commissioning Process Management Professional Page 14 KATE HODGSON • • Senior Electrical Project Manager, G2 Consulting Engineers, Inc. Kate serves as Senior Electrical Project Manager for G2 Consulting Engineers, providing project management and detail design for electrical power distribution, fire alarm, and lighting systems. Kate has worked with two respected electrical engineering firms located in Greeley and Fort Collins during her 25 years of experience prior to joining the G2 team. Throughout her career, Kate's expertise has derived from a wide variety of project expe- rience. Each of these opportunities have led her to develop extensive knowledge of many project styles including commercial, institutional, heavy industrial oil and gas, and light industrial water and wastewater projects across the United States. This experience has given her opportunities to develop technical skills that apply to a variety of markets and clients. Her experience with power distribution ranges from 12 to 15,000 volts. Kate's power dis- tribution experience is essential in assessing the client's energy efficiency needs and her ability to communicate with Owners, Architects, and Contractors is essential for project coordination and implementation. Kate's key skills include communication and field coor- dination for effective installation success of project construction. RELATED PROJECT EXPERIENCE • Budweiser Events Center, 7,200 Seat Event Center/ Ice Hockey Arena • Fort Collins Country Club and Tennis Center, 30,000 SF • Feeder Supply Apartments, 54 units • University of Wyoming Fieldhouse Arena Lighting Retrofit • The Olympian 83,000 SF Multi -Family Complex • Candlewood Suites Solar Installation • Best Western Plus Crossroads Inn • Rialto Theatre Power System �y • • • G? CONSULTING ENGINEERS. INC. • EDUCATION A.A.S. Architectural Technology, 1992 REGISTRATION Professional Engineer, Kansas CERTIFICATIONS LEED Accredited Professional EXPERIENCE 25 years of Experience Page 15 VIRGINIA "GINN[E" SCHOFIELD • • Mechanical Project Manager, G2 Consulting Engineers, Inc. Ginnie serves as a Mechanical Project Manger for G2 Consulting Engineers. She graduated with an Architectural Engineering degree from the University of Wyoming, with empha- sis on building systems design. Joining G2 Consulting in 2017, she brings a strong work history with progressive design experience to our staff. Ginnie has worked for large and small full service MEP firms as a mechanical design engineer, on a wide range of proj- ects including new construction and building renovations in the commercial, education, government, and industrial sectors. She has a comprehensive understanding of multiple building systems, load calculations, code research and interpretation for design compli- ance, designing systems from conceptual through detailed design, developing ductwork and piping, sizing and layout, and drafting with AutoCAD software. Her approach to proj- ects combines conventional methods and leading -edge technology to provide clients with cost-effective, energy -efficient system designs. Ginnie interacts well with our clients, contractors, and vendors and is quick to respond to questions, requests for information, and project coordination. RELATED PROJECT EXPERIENCE • Laramie County Jail Et Detention Facility • State Prison for Women, Lusk, WY • Square Building, Historic Renovation • Story Mansion, Historic Renovation • Riverspointe Downtown Loft/ Retail Building • Basin Electric Power Coop, Dry Fork Station, AQCS Bldg • University of Wyoming, Rochelle Athletic Center • Roosevelt High School/Center for Advanced and Professional Studies (CAPS) • The Northern Hotel, Historic Renovation • • • CI:: CONSULTING ENGINEERS. INC • EDUCATION B.S. in Architectural Engineering University of Wyoming 1999 EXPERIENCE 17 years of Experience Page 16 PATRICK MCMANUS Principal, Structural Engineering, Martin /Martin, Inc. Pat manages Martin /Martin's Fort Collins office. He offers more than 16 years of experi- ence in the structural design of a recreational, educational, medical/ healthcare, office, residential, commercial, industrial, and government buildings. His expertise includes seismic design and detailing, longspan truss design, stability and progressive collapse analysis, and non-linear computer modeling. Patrick excels in the principles of modern steel design, seismic design and detailing, and design -build projects, and is dedicated to staying abreast with the latest technical standards and products. He is active in many professional organizations and is an accomplished speaker and educator. SELECT PROJECT EXPERIENCE • Wyoming State Penitentiary Miscellaneous Services, Rawlins, WY • Laramie Count Detention Center Addition, Cheyenne, WY • Fort Carson Brigade Battalion Headquarters, Fort Carson, CO • Greeley Police Station Assessmen, Greeley, CO • Byron Rogers Federal Office Building Modernization, Denver, CO • Wellington E. Webb Municipal Office Building, Denver, CO • Laramie County Community College Residence Hall, Cheyenne, WY • U.S. Department of Agriculture Meat Animal Research Center, Clay Center, NE • Utah Data Center, Saratoga Springs, UT • Wyoming Department of Health Wyoming State Hospital, Lander, WY • Ivinson Memorial Hospital, Laramie, WY • Colorado State University Michael Smith Natural Resources Building Addition, Fort Collins, CO • Colorado State University Translational Medicine Institute, Fort Collins, CO • Colorado State University New Football Stadium, Fort Collins, CO ••• MARTIN/MARTIN CONSULTING ENGINEERS • • EDUCATION PhD, University of Wyo- ming Civil Engineering — Structural Emphasis, 2010 MS, University of Wyoming, Civil Engineering -- Struc- tural Emphasis, 2000 BS, University of Wyoming, Architectural Engineering — Structural Emphasis, 1999 REGISTRATIONS Professional Engineer, CO No. 38755 (+9 additional states) AFFILIATIONS American Institute of Steel Construction (AISC) • Task Committee 9 Seismic Design • Committee on Research • Connection Prequalifi- cation Review Panel PONTUS UGAN DER Principal, Structural Engineering, Martin /Martin, Inc. Pontus has been involved in the design of a variety of facilities which include a broad range of structural systems, building types, construction services, and delivery systems. He has completed several government, industrial, and research projects with stringent vibration performance requirements. His participation has included overall project man- agement, design and detailing, document coordination, shop drawing review, and field observation. He is adept at designing flexible, functions -driven structural systems. SELECT PROJECT EXPERIENCE • Greeley Police Headquarters, Greeley, CO • Douglas County Justice Center, Parker, CO • El Paso Detention Center Perimeter Security, El Paso, TX • Colorado State Capitol Complex Building Review, Denver, CO • Colorado Army National Guard Joint Forces Headquarters Master Plan, Centennial, CO • Fort Hunger Liggett Readiness Center, Fort Hunger Liggett, CA • Fort Carson 13th Combat Aviation Brigade, Fort Carson, CO • Wyoming Army National Guard Joint Forces Readiness Center and Field Maintenance Shop, Cheyenne, WY • Wyoming Army National Guard Army Aviation Support Facility, Cheyenne, WY • Saint Joseph Heritage Project Replacement Hospital, Denver, CO • Ivinson Memorial Hospital, Laramie, WY • UCHealth Memorial Hospital North Expansion, Colorado Springs, CO • University Corporation of Atmospheric Research Super Computing Center, Cheyenne, WY • Utah Data Center, Camp Williams, UT • • • miliMARTIN/MARTIN CONSULTING U l T I N G ENGINEERS G 1 N E E R 5 CONSULTING ENGINEERS • • • EDUCATION MS, Civil Engineering, Colorado State University, 1998 BS, Civil Engineering, Colorado State University, 1997 REGISTRATIONS Professional Engineer, CO No. 7315 AFFILIATIONS American Institute of Steel Construction Design -Build Institute of America Lean Construction Institute STEVEN BUTHERUS Principal/ Project Manager, Northern Engineering • • • Steve has over 38 years of experience involving design and construction management of a wide variety of projects for both the public and private sector. His experience includes roadways, wastewater treatment facilities, water distribu- tion systems, sanitary sewers, storm sewers, hydrology, and civil site work. CIVIL SITE DEVELOPMENT • Weld County North Jail Complex Phases I, II, Et III, Greeley, CO • Weld County Sheriff's Office, Greeley, CO • Southwest Weld County Service Center, Del Camino, CO • Southeast Weld County Service Center, Ft. Lupton, CO • Bank Site Design, Greeley, CO • Social Services Building, Greeley, CO • Weld County Business Park, Greeley, CO • Westmoor Commons, Greeley, CO • Westlake Village Centre, Greeley, CO • Northview Subdivision, Greeley, CO • Ehrlich Volkswagen PUD, Greeley, CO • The Orchards of Greeley, Greeley, CO • Platteville Municipal Building Site, Platteville, CO • Loveland Good Samaritan Center, Loveland, CO • Maplewood Middle School, Greeley, CO • Fort Morgan High School, Fort Morgan, CO ROADWAY DESIGN PROJECTS • 32nd Street, Evans, CO • 11th Et 14th Avenues, Greeley, CO • H Street, Greeley, CO • Sykes Boulevard, Greeley, CO • Salisbury Avenue Et Ann Place, Platteville, CO • Reynolds Avenue Et Front Street, Platteville, CO • Birch Avenue Improvements, Ault, CO STORM DRAINAGE PROJECTS • Downtown Improvement Project, Castle Rock, CO • Greeley West High School Detention Pond Outfall Pipe, Greeley, CO • Master Drainage Plans, Greeley, CO WATER SUPPLY Et TRANSMISSION • Water Line Improvements, Platteville, CO • Water Transmission Et Distribution Line Improvements, Morgan County Quality Water District • Domestic Water Supply Study, Platteville, CO ••• N, _ I NORTHERN ENGINEERING EDUCATION BS Civil Engineering South Dakota School of Mines Et Technology 1979 REGISTRATIONS Professional Engineer, CO • Thermo Cogeneration Plant Pump Station Et Water Supply Line, Fort Lupton, CO • Distribution System Modeling, Milliken, CO • Distribution System Modeling, Hudson, CO • 1.0 Million Gallon Water Storage Tank, Platteville, CO • 0.5 Million Gallon Water Storage Tank, Severance, CO WASTEWATER • Inflow/ Infiltration Study Et Sewer System Evaluation, Greeley, CO • Design Et CM of Wastewater Treatment Lagoons, Hill rose, CO • Wastewater Treatment Plant Study, Platteville, CO • Analysis of Lone Tree Wastewater Treatment Plant, Greeley, CO • CM for Wastewater Treatment Plant Improvements, Craig, CO • Monfort Corporate Offices Sanitary Sewer Line, Greeley, CO • Ault Waste Water Treatment Plant Feasibility Study, Ault, CO • Weld County Road 32'/2 Lift Station Et Sewer L ine Improvements, Platteville, CO • Design Et CM of Upgrades to Waste Water Treatment Lagoons, Severance, CO • Design Et CM Wastewater Treatment Plant Improve- ments, Pierce, CO • Design of Greeley Lift Station #8, Greeley, CO • Design of Greeley/Weld County Airport Lift Station, Greeley, CO • Design Et CM of Decommissioning of the Town of Hudson Treatment Lagoons, Hudson, CO Page 19 iac®se®® CERTIFICATE OF LIA-LIP( INSU, .;••,NCE 16,...-/_ 1/1/2019 DATE(pUNDDANYY) 3/9/2018 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 Ileu of such endorsement(s) PRODUCER Loacton Companies 8110 E Union Avenue Sidle 700 Denver CO 80237 (303) 414-6000 NAME CT — - ffA/CNNo. EMI. I INC. No) E-MAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAIC # INSURER Valley Forge Insurance Company 20508 INSURED Roche Constructors, Inc 1443418 36171st Avenue Greeley CO 80634 INSURERB Transportation Insurance Company 20494 INSURER The Continental Insurance Company 35289 INSURER D National Fire Insurance Co of Hartford 20478 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 15262050 REVISION NLIMI3FR. YYYYYYY 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 IN.TE I TYPE OF IN5URANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF IMMIDD/YYVYI POLICY EXP IMMIOD/YYWI LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6016184346 in/2018 1/1/2019 EACH OCCURRENCE S 1,000,000 CLAIMS MADE I j( } OCCUR PREMISES (EGE TO a occurrence) S 300,000 MED EXP (Any one person) S 10,000 PERSONAL Si ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES JEt° X PER LOC GENERAL AGGREGATE S 2,000.000 PRODUCTS COMP/OPAGG S 2,000,000 S D AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUTOS ONLY y _ y 6016184394 1/l/2018 1/1/2019 FEoaf lCe iNGLELIMIT S 1.000,000 BODILY INJURY (Per person) S XXXXXXX BODILY INJURY (Per accident) S XXXXXXX (PerraccidentDAMAGE S XXXXXXX SXXXXXXX C X UMBRELLALUIB EXCESS LIAB X OCCUR CLAIMS MADE Y Y 6016184377 1/I/2018 1/1/2019 EACH OCCURRENCE S 1,000,000 AGGREGATE S 1,000,000 DED Ii I RETENTIONS S XXXXXXX 13 i WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) In It yes describe under DESCRIPTION OF OPERATIONS below YIN N N / A Y 6016344595(AOS) 1/1/2018 1/1/2019 PER OTH X I STATUTE I I'ER - - - EL EACH ACCIDENT S 1,000,000 E L DISEASE EA EMPLOYEE S 1,000,000 E L DISEASE POLICY LIMIT S 1 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached If more apace Is required( Re Weld County Jail 2 - West Addition Weld County is Inc uded as Additional Insured if required by written contract Waiver of Subrogation applies in favor 'ot the Additional Insured it required by written contract, where permissible by law It the policy is cancelled by the issuing company dunng the policy tenn for other than non-payment of premimn, 30 days notice will be provided to the Certificate Holder named below, 10 days for non-payment of premium CANCELLATION See Attachments 95262050 Weld County 1150 O Street Gieetey, CO 80631 ACORD 25 (2016/03) 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 REPRE5rI�'A VE i �/ 8- ties r7, ISO/ © 198 016 ACORD CORPOF ATION Ali rights reserved The ACORD name and logo are registered marks of ACORD Page 20 One Tower Square Hartford, CT 06183 Tim Wilson Account Executive Officer Travelers Bond 6060 S Willow Drive Greenwood Village, CO 80111 Phone (720) 200-8452 Fax (720) 200-8398 March 12, 2018 Mr Toby Taylor Weld County, CO 1150 O Street Greeley, CO 80631 RE Roche Constructors, Inc — Prequalification Project Jail 2 West Expansion — Design Build Estimated Contract Value $30mm Dear Mr Taylor Roche Constructors, Inc is a premier General Contractor within Colorado and the Western United States They maintain a fine relationship with owners, architects, suppliers and subcontractors They have established a strong relationship with Travelers Casualty and Surety Company of America, a subsidiary of The Travelers Companies, Inc Travelers Casualty and Surety Company of America is A M Best rated at "A++" with a financial size category of "(XV)" Travelers is licensed in the State of Colorado and listed in the most current Federal Register as acceptable on Federal Bonds It is our intent to continue issuing bid, performance, and payment bonds on behalf of Roche Constructors, Inc Roche is capable of bidding single projects in the $125,000,000 range, subject to an aggregate surety program of $250,000,000 Based on our review of the firm's current backlog, approximately $200,000,000 of available capacity exists for the bonding requirements for this project Therefore, should this contract be awarded to and accepted by them, it is our present intention to provide the Performance and Payment bonds as required Please note that approval of all bonds would be based upon the size, type and location of the project, as well as a favorable review of the plans, specifications, financing, contract, bond forms and the contractor's current uncompleted work program It is understood, of course, that any arrangements for the performance and payment bonds is a matter between Roche Constructors, Inc 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, please feel free to contact me Sincerely, Ts2— it7---e Tim Wilson Travelers Casualty and Surety Company of America Page 21 Loveland Rural Fire Protection District Station #8 Johnstown Public Works Facility TAB B: FIRM EXPERIENCE #B1800059 • Jail 2 West Expansion EXPERIENCE AS A TEAM Since the inception of Roche Constructors in 1971, the company has complet- ed design -build projects totaling $300 million. Of the ten projects that we have completed for Weld County, four of those projects were design -build. Three of those projects were completed with Hauser Architects: • 55.1 MM, Social/Human Services Building • S1.8 MM, North Business Park Administration Building • $0.78 MM, Alternate Communications Dispatch Center Other design -build projects that Roche has completed with Hauser Architects include the following: • $4.7 MM, North Range Behavioral Health, Greeley, CO • $2.5 MM, Frederick Public Works Facility, Frederick, CO • $1.7 MM, R.A. Clark Emergency Operations Center, Black Hawk, CO • $1.3 MM, Ashcroft Heights Retail Building, Evans, CO i • • • Frederick Public Works Facility R.A. Clark Emergency Operations Facility HAUSER ARCHITECTS EXPERIENCE Hauser Architects has worked on the architectural design of a wide variety of public facilities including municipalities, non-profit agencies, school districts, and private entities. The company understands the workings of these types of facilities and can design each one to meet the needs of the end users. Fire Stations • Golden Fire Station #1 • Loveland Rural Fire Protection District Station #8 • Frederick/Firestone Fire Station #3 • Loveland Fire Station #5 • Thompson Valley EMS Station #2 • Thompson Valley EMS Station #4 Johnstown Public Works Facility • 17,345 SF/ 1.67 Acres • $2.2 MM Additional Projects • Boys Et Girls Clubs of Larimer County, Loveland, CO • Sterling Banner Clinic, Sterling, CO • Pediatric Urgent Care, Timnath, CO • Bank of Colorado, Loveland a Akron, CO • High Plains Environmental Center, Loveland, CO • Hospice of Larimer County, Fort Collins, CO ••• let Roche litrHAUSER.t.c construct. Page 22 TAB B: FIRM EXPERIENCE ttB1800059 • Jail 2 West Expansion AURORA ICE PROCESSING CENTER RENOVATION ADDRESS 11901 E. 30th Street, Aurora, CO OWNER° The GEO Group, Inc., Tom Wierdsma, (561) 999-7378 TYPE OF PROJECT Renovation; Detention TYPE OF CONTRACT Prime Contract; CM/GC (Cost Plus with GMP) • • • DESCRIPTION: Scope of work included renovations to the existing Aurora ICE Processing Center that Roche Constructors built in 2008. The scope of work included painting the inside of the building's dormitories and hall- ways; a covered fenced walkway; and installing a new backflow preventer and new bunk beds, flooring, countertops, and furniture. FINAL CONTRACT VALUE: $3,054,025 CHANGE ORDER INFORMATION. 0 change orders ADAMS COUNTY MENTAL HEALTH UNIT RENOVATION ADDRESS. 150 N. 19th Avenue, Brighton, CO OWNER • Board of Commissioners of Adams County, Matthew Schaefer, (720) 523-6060 TYPE OF PROJECT. Renovation; Detention TYPE OF CONTRACT: Prime Contract; CM/GC (Stipulated Sum) DESCRIPTION: To help Adams County address its increased need for de- tention facilities tailored to detainees that have mental health support requirements, Roche renovated an existing, 9,355 -square -foot vacant dormitory space into a mental health detention unit with 33 beds. The renovated space has secure and non -secure areas. The secure area houses the cells, a dayroom, four inmate showers, and an officer's station, which is an island in the dayroom that was built on raised access flooring. The secure area is also home to an office, interview rooms, and an exam room. The non -secure area has an office area and a staff restroom. Scope of work included demolishing everything in the space down to bare walls and floor. New construction included CMU block walls that are grouted solid and 19 cells. The cells are steel panels that are grouted solid. Two of the cells are padded rooms and two are temporary holding cells while the rest are standard cells. FINAL CON TRACT VALUF $3,021,154 CHANGE ORDER INFORMATION: 1 change orders (2.82%) ••• ottRoche lin•HauSERInc cwistructws Page 23 TAB B: FIRM EXPERIENCE #81800059 • Jail 2 West Expansion 460TH SECURITY FORCES OPERATIONS FACILITY ADDRESS 19081 Camp Hale Way, Bldg. 1028, Buckley AFB, Aurora, CO OWNER: U.S. Army Corps of Engineers, Neal Parker, (720) 847-2639 TYPE OF PROJECT. New Construction; Federal Government; Office Bldg. TYPE OF CONTRACT Prime Contract; Design -Build (Stipulated Sum) • • • DESCRIPTION: The 35,171 -square -foot facility includes space for inves- tigations, an armory, guard -mount and lockers, supply, a commander's suite, and a mobility storage warehouse. In addition, the facility includes training and break rooms, as well as an area set aside for a future emer- gency control center with ancillary circulation stairways and mechanical, electrical, and communications rooms. The entire project incorporates anti -terrorism elements. The project was awarded LEED Silver Certifica- tion under LEED-NC v2009. FINAL CONTRACT VALUE: $8,370,549 CNA► cIF ORDER INJF0RMATION. 11 change orders (2.86%) *100% of the change orders due to scope additions AURORA ICE PROCESSING CENTER ADDRESS 11901 E. 30th Street, Aurora, CO OWNER The GEO Group, Inc., Tom Wierdsma, (561) 999-7378 TYPE OF PROJECT New Construction; Detention TYPE OF CONTRAC i Prime Contract; Design -Build (Stipulated Sum) DESCRIPTION. The Aurora ICE Processing Center consisted of the construc- tion of a 1,106 -bed male and female detention center. There is an exist- ing 400 -bed facility on the same site that the new facility supports. The 213,465 -square -foot, one -story -plus -mezzanine facility is constructed on a load -bearing spread footing foundation system. Twenty -nine -foot -high precast exterior walls contain modular steel cell housing units, which were prefabricated off site and set in place to speed construction and help keep the budget in line. The facility consists of three general hous- ing units, one segregated housing unit, one female dorm, administration areas, a full kitchen to feed 1,500 people, laundry area, holding area, visitation area, three courtrooms, and a medical support area. FINAL CONTRACT VALUE $63,478,303 CHANGE ORDER INFORMATION: 14 change orders (2.28%) *Change orders due to special systems being added to contract • • • ottRoche .Iiii• HAUSER Gvnstr�actois I�,c; Pu ge 24 TAB B: FIRM EXPERIENCE #81800059 • Jail 2 West Expansion WELD COUNTY NORTH JAIL COMPLEX PHASE III ADDRESS 2110 O Street, Greeley, CO OWNER: Toby Taylor, Weld County, (970) 304-6531 TYPE OF PROJECT Addition; Detention TYPE OF CONTRACT Prime Contract; CM/GC (Stipulated Sum) • • • DESCRIPTION: The second phase of the Weld County North Jail Complex consisted of a 86,358 -square -foot addition to the existing jail. The phase III addition can house approximately 374 inmates. Unlike the previous portions of the jail, the addition utilized modular, prefabricated steel jail cells, constructed in a factory in Georgia. Under our contract with the County, Roche provided coordination services for the installation of the security electronics and detention equipment. Also included were site utility relocations, retaining wall construction, and site grading. FINAL CONTRACT VALUE $10,848,572 CHANGE ORDER INFORMATION: 16 change orders (1.86%) GREELEY PUBLIC SAFETY FACILITY ADDRESS 2875 W. 10th Street, Greeley, CO OWNER Captain Mike Savage, City of Greeley/Greeley Police Department, (970) 350-9668 TYPE OF PROJECT: New Construction; Police Station TYPE OF CONTRACT Prime Contract; CM/GC (Cost Plus with GMP) DESCRIPTION: The Greeley Public Safety Facility consists of two build- ings, both with a steel frame/composite slab building frame system constructed on a load -bearing spread footing foundation system. The 49,922 -square -foot main building is a two-story structure serving primarily the operational, administrative, and civic functions of the Greeley Police Department. The 26,450 -square -foot secondary building fills a support role for the day-to-day operations of the department. The security of both buildings is controlled with electronic access. The perimeter site gate also has electronic access. On- and off -site work included the de- molition of the former retail store, earthwork, utility work, landscaping, ornamental fencing, masonry site walls, vehicle canopies, and the realign- ment of 29th Avenue. FINAL CONTRACT VALUE $13,991,984 CHANGE npnFP INFORMATION: 11 change orders (-5.56%) *GMP was $14,816,392 ••• gt�Roche �uir�uSEu TAB B: FIRM EXPERIENCE #B1800059 • Jail 2 West Expansion WELD COUNTY NORTH JAIL COMPLEX PHASE II ADDRESS 2110 O Street, Greeley, CO OWNER: Toby Taylor, Weld County, (970) 304-6531 TYPE OF PROJEC1 Addition; Detention TYPE OF CON 1. RAC i Prime Contract; CM/GC (Stipulated Sum) • • • DESCRIPTION: The 51,500 -square -foot addition houses 30 minimum -se- curity cells, 31 medium -security cells, 19 maximum -security cells, and a juvenile segregation area. The two -level inmate housing facility can house up to 239 inmates. The building is constructed with concrete foundation walls on spread footings, reinforced concrete slab -on -grade, exterior and interior CMU load -bearing and non -load bearing wall partitions, and a bar joist roof framing system with a fully -adhered EDPM roof system. Precast, solid core planks were used for the inmate housing floors. Special build- ing features include security hollow metal framework, security glazing, electric door locks, and security camera surveillance and special systems. FINAL CONTRACT VALUE: $6,292,533 CHANGE ORDER INFORMATION: 1 change order (-0.129) CARSON CITY PUBLIC SAFETY COMPLEX ADDRESS 885 East Musser Street, Carson City, NV OWNER City and County of Carson, Nevada TYPE OF PROJECT New Construction; Detention; Office Building TYPE OF CONTRACT Prime Contract; Hard Bid (Stipulated Sum) DESCRIPTION: The 124,000 -square -foot building is a steel frame structure with exterior block and brick veneer walls highlighted with EIFS and pre- cast concrete. The three-story west wing of the building houses four new municipal courtrooms complete with judges' chambers, jury deliberation rooms, and support facilities. The single -story east wing of the project houses a 160 -bed jail designed for future expansion to 320 inmates. Other aspects of the project include a work release facility, women's jail, ve- hicle sally port, and exterior exercise yard. Sitework included parking lots for 136 vehicles and complete site landscaping. FINAL CONTRACT VALUE $19,647,794 CHANGE ORDER INFORMATION: 3 change orders (3.069) *Change orders due to special systems being added to contract ••• 122 Roche mr HAUSER TAB B: FIRM EXPERIENCE tt81800059 • Jail 2 West Expansion WELD COUNTY NORTH JAIL COMPLEX PHASE I ADDRESS 2110 O Street, Greeley, CO OWNER. Toby Taylor, Weld County, (970) 304-6531 TYPE OF PROJECT New Construction; Detention TYPE OF CONTRACT Prime Contract; Hard Bid (Stipulated Sum) • • • DESCRIPTION: The Weld County North Jail Complex is a minimum/me- dium security facility. The 79,530 -square -foot, 160 -bed facility contains four main areas: cellblock pods, booking, administration, and sallyport. Designed as a direct supervision facility, the inmates have the ability to circulate with limited restrictions throughout the cellblock in which they are housed. Designed for future expansion by the addition of cellblock pods, the first phase of the complex has all central support facilities including kitchen, laundry, classrooms, medical clinic, administrative of- fice, law library, gymnasium, and exercise yards. The building envelope is constructed of load bearing split -faced masonry supported by concrete spread footings. Roof structure is a structural steel beam and joist sys- tem, topped with direct applied EPDM roofing. Rooftop heating/cooling units supply the four pipe VAV HVAC system. FINAL CONTRACT VALUE: $7,762,968 CHANGE ORDER INFORMATION: 16 change orders (6.55%) ••• E9O19 liti•xauSER • • • • WELD COUNTY, COLORADO TAB C: PROJECT UNDERSTANDING DESIGN -BUILD PROPOSAL 222 riochslie ••• ��i�� HAUSER nc. TAB C: PROJECT UNDERSTANDING #B1800059 • Jail 2 West Expansion • • • Roche Constructors has reviewed the Scope of Services provided in the Request for Bid documents and fully understands the requirements of the project. Working with Hauser Architects, we will provide all services as requested. Roche has a complete understanding of the expectations for all phases of this project. Starting with programming, we will ensure that all phases will be represented and carefully planned — we will discuss how programming will affect other phases of the project from budget to design to construction. Our past experience with the facility will provide us with insight that will allow us to hit the ground running. We are prepared to immediately bring in preliminary layouts that incorporate all items necessary for this phase — from the new sally port to the mental health area to the office/ administration level — we understand the needs of the project. When we get to the re -purposing of the booking and kitchen areas, we have two employees that were part of the first phase, Carlin Nafziger and Greg Lockwood, that will share their knowledge to enhance the effort. Also, we have a great relationship with the county's security contractor having completed two projects with them in the past year. Our communication and collaboration with them has been excellent. We are bringing an experienced team that will be involved in the entire process. Our operations teams will be active in the programming phase, sharing lessons learned from other projects. During this same phase, the budget will be consistently updated and tracked with our Proactive Cost Analysis log so that the impacts of each idea or change can be properly analyzed. By having the operations team involved, we will be watching how programming may affect construc- tion, offering ideas and solutions to ensure that we don't create an issue that will impact construction. By having this type of involvement and interaction of the entire team through all phases of the project, we ensure a seamless transi- tion from one phase to the next. ••• 122 Roche mir HAUSER.fic constructots 28 TAB D: CURRENT WORKLOAD t#B1800059 • Jail 2 West Expansion ROCHE CONSTRUCTORS Current Colorado Projects Under Construction Contract Value/ Project Name Et Location/ Completion Date Owner Roche Project (Project Mgr/ Superintendent) $1,440,700 ABRA Auto Body Et Glass Addition Et Remodel Loveland, CO 3/30/18 ABRA Auto Body Et Glass, Mark Eidsvoog 7225 Northland Drive, Suite 210, Brooklyn Park, MN, (763) 585-6246 Sean Sanchez Bob Griffin $3,096,464 Beebe Christian School Et Church Fort Collins, CO 4/30/18 Rocky Mountain Conference of Seventh-Day Adventists, Brittany Bartter 2520 S. Downing Street, Denver, CO (303) 282-3646 Dan Tran James Godson $3,871,826 SuperTarget Store No. T-2052 Remodel Denver, CO 5/6/18 Target Stores, Mitchell Severson 50 S. 10th St., TP3-0720, Minneapolis, MN (612) 304-6054 Sean Sanchez Eric Mitchell Kyle Lunsford $4,325,571 TargetExpress Store No. T-3279 Denver, CO 6/3/18 Target Stores, David Linton 50 S. 10th St., TP3-0720, Minneapolis, MN (405) 706-4465 Greg Lockwood Joe Revielle $10,000,000 Fremont Building Renovation Centennial, CO 8/1/18 Cherry Creek School District, Linda Reeves 4700 S. Yosemite St., Greenwood Village, CO (720) 554-4527 Jesse Sch uch man Jake Wichmann $7,080,620 Union Colony Preparatory School Greeley, CO 9/27/18 Union Colony Preparatory School, Jim Anderson 2000 Clubhouse Drive, Greeley, CO (970) 353-271 Dan Tran Nate Lantz $8,100,000 North Valley Middle School Renovation LaSalle, CO 7/27/19 Weld County School District RE -1 Owner's Rep: Diversified Consulting Solutions, Andy Fiamengo, 8778 Wolff Court, Ste. 204, Westminster, CO, (720) 483-3147 Dan Tran Tom Bender $5,000,000 Pete Mirch Elementary School Renovation LaSalle, CO 7/27/19 Weld County School District RE -1 Owner's Rep: Diversified Consulting Solutions, Andy Fiamengo, 8778 Wolff Court, Ste. 204, Westminster, CO, (720) 483-3147 Dan Tran Tom Bender HAUSER ARCHITECTS, P.C. • Advantage Self -Storage, Arvada, CO (3 -Story, climate controlled building) • Fountain Self -Storage, Fountain, CO (3 -Story, climate controlled building) • S3 Self -Storage, Thornton, CO (2 -Story, climate controlled building) ••• Mt Roche ,ur HAUSER Page 2 9 TAB D: CURRENT WORKLOAD itB1 800059 • Ja l i 2 West Expansion G2 CONSULTING ENGINEERS, INC. Project: Current Status: G2 Team: Owner/Client: Project: Current Status: G2 Team: Owner/Client: Project: Current Status: G2 Team: Owner/Client: Project: Current Status: G2 Team: Owner/Client: Project: Current Status: G2 Team: Owner/Client: Project: Current Status: G2 Team: Owner/ Client: Project: Current Status: G2 Team: Owner/Client: Project: Current Status: G2 Team: Owner/Client: • • • Gaylord Palms Expansion, Kissimmee, FL Schematic Design has been issued; Construction Documents due 02/18/19 David Manring, Chris Anderson, Greg Peterson (and non -Weld County Jail Staff) BLUR Workshop, Nate Johnson, 621 N. Ave. NE, Suite C-40, Atlanta, GA 30308, (404) 600-1166 Highpointe Flex Industrial, Greeley, CO Schematic Design has been issued; Construction Documents due 05/01 Ginnie Schofield, Kate Hodgson Roche Constructors, Inc., A.J. Roche, 361 71st Avenue, Greeley, CO 80634, (970) 350-2541 CTR Enterprises, Johnstown, CO Schematic Design has been issued; Construction Documents are due 05/18/18 David Manring, Ginnie Schofield, Dave Smith Markley Designs, Mark Markley, 1019 39th Avenue, Suite L, Greeley, CO 80634, (970) 673-8248 Cahuilla Casino, Ansul, CA Schematic Design has been issued; Construction Documents are due 08/03/18 David Manring, Chris Anderson (and non -Weld County Jail staff) WorthGroup Architects Et Designers, Travis Bryan, 900 S. Broadway, Ste. 150, Denver, CO 80209, (303)-649-1095 Coburn Crossing Hotel Springhill Suites, Truckee, CA Design Development has been issued; Construction Documents are due 03/30/18 Greg Peterson, Ginnie Schofield, Kate Hodgson WorthGroup Architects Et Designers, Travis Bryan, 900 S. Broadway, Ste. 150 Denver, CO 80209, (303)-649-1095 Greeley Country Club MEP Improvement, Greeley CO Design Development has been issued; Construction Documents are due 03/15/18 Dave Smith Hensel Phelps, Toby Woodson, 420 Sixth Avenue, Greeley CO 80632, (970) 346-7422 Ameristar Casino East Chicago Re -commissioning, East Chicago, IN Commissioning has started, construction will be done 09/01/18 Nick Casady Pinnacle Entertainment, Inc., Bob Herr, 777 River City Boulevard, St. Louis, MO 63125, (314) 388-7690 Mountainview Fire Maintenance Facility, Erie, Colorado Schematic Design has been issued; Construction Documents TBD Dave Manring, Kate Hodgson Architectural West, LCC, Steve Steinbicker, 160 Palmer Drive, Fort Collins, CO 80525, (970) 207-0424 •••1222 Roche al* xausEuInc cynstructras Page 30 TAB D: CURRENT WORKLOAD #B1800059 • Jail 2 West Expansion Project: Current Status: G2 Team: Owner/Client: Project: Current Status: G2 Team: Owner/Client: Tropicana Casino Energy Audit, Las Vegas, NV Schematic Design has been issued; Construction Documents 04/06/18 Greg Peterson, Nick Casady MLC Engineering Et Consulting, Matt Vest, 8640 W. Verdey Way, Las Vegas, NV 89149, (702) 612-7868 AC + Residence Inn, Dallas Galleria Hotel MEP Construction Due Diligence, Dallas, TX Hotel opens on 04/02/18; Due Diligence will be complete in May 2018 Greg Peterson, Kate Hodgson TynanGroup, Inc., Bryan Nystuen, 1230 West Washington Street, Suite 210, Tempe, AZ 85281, (602) 792-1001 MARTIN/MARTIN, INC. Workload for Patrick McManus: • UW Science Initiative, Laramie, WY - 10% • Office at Highpointe, Greeley, CO - 15% • TriPoint Tank Manufacturing, Loveland, CO - 15% • Laramie Entertainment, Laramie, WY - 10% • DIA Renovation, Denver, CO - 10% • Loveland Fire Station 7, Loveland, CO - 10% Workload for Pontus Ugander: • Woodward Remodel, Fort Collins - 20% • Broadcom, Fort Collins - 10% • Agilent Apothecary, Frederick, CO - 5% • 1420 Wynkoop, Denver, CO - 10% • Vestas Blades, Windsor Shell Hall Expansion, Windsor, C - 5% • UCD CUP Feasibility Study - 10% ... its\iikt Roche If HAUSER • • • Pd ge 31 TAB E: SERVICES #B1800059 • Jail 2 West Expansion ITEM 1: DESIGN -BUILD PROJECTS As mentioned in Tab B: Firm Experience, Roche Constructors has design -build experience totaling $300 million. Our design -build experience includes work with Weld County and Hauser Architects. • • • Of the ten projects that we have completed for Weld County, four of those projects were design -build. Three of those projects were completed with Hauser Architects: • $5.1 MM, Social/Human Services Building • $1.8 MM, North Business Park Administration Building • $0.78 MM, Alternate Communications Dispatch Center Other design -build projects that Roche has completed with Hauser Architects include the following: • $4.7 MM, North Range Behavioral Health, Greeley, CO • $2.5 MM, Frederick Public Works Facility, Frederick, CO • $1.7 MM, R.A. Clark Emergency Operations Center, Black Hawk, CO • $1.3 MM, Ashcroft Heights Retail Building, Evans, CO ITEM 2: ADDITIONAL SERVICES Roche Constructors does not see the need for any additional services beyond what was published in the Scope of Ser- vices. ••• 012 Ficunsoupw5h." mr HAUSER TAB F: CONSTRUCTION METHODS #B1800059 • Jail 2 West Expansion • • • As a general contractor, we control the cost of our work, the schedule by which the work is performed, and the quality of the work. Roche has the resources necessary to self -perform demolition; minor excavation, backfill, and compaction; erosion control maintenance; rough carpentry; hardware and door installation; and equipment installation. It is our policy that all areas of the project will be competitively bid, including the work Roche is capable of self -per- forming. This ensures the most competitive pricing for each scope of work. ••• anRaOChe "uirHAUSER Page 33 • • • • WELD COUNTY, COLORADO FEE PROPOSAL s4 DESIGN -BUILD PROPOSAL M Roche • 1 • •IIIr HAUSER Complete the fee proposal below for your bid. Assumptions are the contractor's assumptions for completing this job. The fee proposal shall provide costs correlating to an assumed GMP. A fixed lump sum is required for line items 1 through 3. A Percentage or Lump Sum is acceptable for line items 4-6 (Overhead & Profit, Bonds & Other). If you have additional fees, provide attachments detailing those fees. FEE PROPOSAL A. Bidder Assumptions 1. Construction Duration Estimated # of Months 27 months 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) OA Or Lump Sum N/A $ 25,000 N/A $ 815,000 N/A $ 1,076,805 2.85 % $ * % $ *Bond rate schedule enclosed on page 37 N/A % $ NOTE: Winning contractor will be expected to enter into a standard AIA contract (provided by contractor and reviewed/approved by County) for this design build. BID REQUEST #B1800059 Page 34 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1800059. 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 bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Roche Constructors, Inc. BUSINESS ADDRESS 361 71st Avenue CITY, STATE, ZIP CODE Greeley, CO 80634 TELEPHONE NO (970) 356-3611 FAX (970) 356-3619 PRINTED NAME AND TITLE Thomas J. Roche, President Et CEO SIGNATURE TAX ID # 84-0617026 aordecac E-MAIL troche@rocheconstructors.com DATE March 20, 2018 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 #B1800059 Page 35 Form .g (Rev. October 2007) Depedment of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the in. N a) o) ct; a c O O .1c2 ` U c c a. Name (as shown on your income tax return) Roche Constructors Inc Business name, if different from above Check appropriate box: Individual/Soie proprietor Corporation Ill Partnership ❑ Limited liability company. Enter the tax classification (D=disregarded entity, C -corporation, P=partnership) ► El Other `see instructions) 1► Address (number, street, and apt. or suite no.) 361 71st Avenue City, state, and ZIP code Greeley, CO 80634 • Exempt payee Requester's name and address (optional) List account number%) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TiN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Mow to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number • or Employer identification number 84 0617026 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S, person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Stun Signature of Here U.S. person D. i ,frt 4,-)-4 General Instructions Section references are to the internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withhoiding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. if a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Date .3....19,1 Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident aiien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form wV-9 (Rev. 10-2007) Page 3 6 FEE PROPOSAL #61800059 • Jail 2 West Expansion ITEM 1: FEE Our fee is included on the Fee Proposal Form. ITEM 2: GENERAL CONDITIONS The general condition costs are included on the Fee Proposal Form. • • • ITEM 3: PRECONSTRUCTION FEE Our preconstruction fee is included on the Fee Proposal Form. We will charge for preconstruction and design services as a lump sum. We do not anticipate any non -personnel expenses. ITEM 4: SALARY/WAGE RATES Direct Personnel Expense Roche Labor Rates -Hourly Preconstruction Project Base Pay Superintendent Manager Manager Base Wage $ 48.15 $ 55.16 $ 55.16 $ Vacation & Holiday Vacation Benefits Health & Welfare Retirement Plan Subtotal Subtotal Payroll Insurance and Tax FICA (employer) MED/Other Federal Unemployment State Unemployment Workers Compensation Payroll/HR Administration Subtotal Total Base Labor Rate -Hourly Total Base Labor Rate -Monthly 7.69% $ 6.20% $ 1.45% $ 0.60% $ 3.60% $ $ 1.00% $ $ 3.70 $ 51.85 $ 5.00 $ 2.07 $ 7.07 $ 3.21 0.75 0.31 1.87 3.83 0.48 10.45 4.24 $ 59.40 $ 5.00 $ 2.38 $ 7.38 $ 3.68 0.86 0.36 2.14 0.63 0.55 8.23 4.24 $ 59.40 $ 5.00 $ 2.38 7.38 $ 3.68 0.86 0.36 2.14 0.63 0.55 8.23 Project Project Engineer Administrator 33.00 $ 22.00 2.54 $ 35.54 $ 5.00 $ 1.42 $ 6.42 $ 2.20 0.52 0.21 1.28 2.62 0.33 7.16 1.69 23.69 5.00 0.95 5.95 1.47 0.34 0.14 0.85 0.04 0.22 3.07 $ 69.38 $ 75.00 $ 75.00 $ 49.12 $ 32.71 22,072.49 $ 13,050.77 $ 13,050.77 $ 8,547.72 $ 5,691.42 ITEM 5: BOND RATES Et BONDING CAPACITY Please refer to the bonding letter in Tab A: Firm Information for confirmation of our bonding capacity. Travelers Design Casualty -Build Et Bond Surety Rate Company Schedule of America Design -Build Rates Rate Per Thousand First $2,500,000 $8.30 Next $2,500,000 $6.80 Next $2,500,000 $6.60 Over $7,500,000 $6.10 Page 37 Exhibit D 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. 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 itsperformance 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. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. 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 G R E E LEY, COLORADO 80632 April 17, 2018 To: Board of County Commissioners From: Toby Taylor Subject: 2 -West Jail Expansion -Design/Build; Bid (B1800059) As advertised, this bid is for construction of a new wing onto the Jail Complex. The new wing will be commonly referred to as 2 -West. We received four responses to the bid. The associated fees were calculated using an anticipated construction budget. Based on this calculation, the low bidder was Roche Constructors with an estimated construction timeline of 27 months. However, the difference between low and second low was only .39%. And the difference between low to high was only 3.78%. Due to the competitiveness of this bid's fees, a cost value analysis was performed using an evaluation panel. Based on the factors of the analysis, the best value for the County is to award the bid to Bryan Construction from Larimer County. Therefore, Buildings & Grounds is recommending that Bryan Construction be awarded the design build construction contract based on the following submitted fees: Pre- Construction: $37,750 (If contracted for construction, fee goes to zero) Design Fee: $978,500 General Conditions Fee: $1,100,000 Construction Management Fee: .0285 Bond Schedule: 1st $500,000 = $12.00 per 1,000 Next $ 2,000,000 = $8.76 per 1,000 Next $2,500,000 = $7.20 per 1,000 Next $2,500,000 = $6.54 per 1,000 Next $2,500,000 = $6.00 per 1,000 Over 10,000,000 = $5.40 per 1,000 Estimated Duration: 25 Months It should be noted that the bidder which ranked second as the best value for the County is FCI Constructors. FCI Constructor's difference from Bryan Construction is in price is just .79%. In addition, FCI is projecting a 22 -month construction schedule versus 25 months. FCI Construction is based in Weld County with their office located in Frederick. 02p4- bb'l If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director n cldin €A2 p durea (1) The Board of County Commissioners shall adopt bidding procedures for county purchases which shall assure open and competitive bidding on all county purchases, and the Central Purchasing Division shall follow the procedures adopted in all county purchases. (2) Bid specifications shall be prepared in such a manner as to invite and encourage bidding from all suppliers of the goods and equipment being purchased by the County. No specifications shall be submitted to bidders so restrictive in detail as to eliminate any line of competitive equipment. (3) The County Commissioners shall give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality. (4) The County Commissioners shall enter in the minutes of the meeting, at which a purchase is made for other than a low bid, the reason for not accepting the low bid. (5) All purchases in excess of an amount to be set annually by the Board of County Commissioners by ordinance shall be by written, sealed bid and bids over the amount set annually by ordinance by the Board of County Commissioners shall be followed by a ten- day period for consideration and investigation of the bids submitted to determine comparisons of quality and price. The ten-day waiting period may be waived by resolution of the Board for emergency purchases. The Commissioners shall accept the bid they find to be most beneficial to the County. points • Ava1)able JAIL 2 WEST EXPANSION - DESIGN BUILD ##81800059 Fee proposal & General Conditions Completeness of proposal documents Experience of staff on similar projects Current work, organizational depth & schedule Demonstrated ability working with chosen design team GMP & financial strength Demonstrated ability of costs, schedule, and quality Proven track record with job site safety Total 20 10 25 10 10 10 5 10 100 15.25 14.25 9 14.75 9 22.25 7 I 7.5 7 7.5 3.75 6.5 70.75 8.5 8 4.25 8 81.75 14 9 20.75 7.5 8 8 3.75 7.5 78.5 12.5 8.75 19.75 7.5 7.75 8 3.75 7.5 75.5 Firm Pre -Construction Design Fee General Conditions Fee Construction Management Fee Roche Constructors Inc. 361 71st Avenue Greeley, CO $25,000 $815,000 $1,076,805 0.0285 Bryan Construction Inc. 4700 Innovation Dr. Fort Collins, CO $37,750 If contracted for consturction, fee goes to zero $978,500 $1,100,000 0.0285 FCI Constructors 4015 Coriolis Way Frederick, CO $65,000 $1,450,220 $876,844 0.0230 Sampson Construction 4508 Endeavor Dr. Johnstown, CO $52,000 $2,288,810 $1,330,000 0.0200 Internal Calculations Amount based on $35M $37,914,305 $38,076,000 $38,197,064 $39,370,810 Bond Schedule 1st $2,500,000 = $8.30 per 1,000 Next $2,500,000 = $6.80 per 1,000 Next $2,500,000 = $6.60 per 1,000 Over 7,500,000 = $6.10 per 1,000 Total 1st $500,000 = $12.00 per 1,000 Next $2,000,000 = $8.76 per 1,000 Next $2,500,000 = $7.20 per 1,000 Next $2,500,000 = $6.54 per 1,000 Next $2,500,000 = $6.00 per 1,000 Over 10,000,000 = $5.40 per 1,000 Total 0.0051 or 1st $100,000 = .0009 Next $400,000 = .0063 Next $2,000,000 = .0063 Next $2,500,000 = .0054 Next $2,500,000 = .0047 Next $2,500,000 = .0047 Over $10M = .0038 Total 0.0075 Did not provide Bonding Schedule Internal Calculations Bond Internal Calculations 500 Additional fees Estimated Construction Duration Additional Fees 750 )00 27 Months 500 75O I.00 )00 520 )00 25 Months 350 )00 )00 370 90 22 months 520 600 .0070 245,000 500 Design Construction 750 Administration Costs 750 )00 210 26 Months 20, 17, 16, 167, 222,00( 6, 17, 18, 16, 15, 135, 207, 2, 12, 13, 11, 11, 95. 147, Internal Calculations Total 38,136,305 38,283,870 38,589,274 262, 39,633,310 Variation from Roche Variation from Bryan Price Difference 0.39% Price Difference 1.17% Price Difference 3.78% Price Difference 0.79% Price Difference 3.40% Jail Construction Interview Questions 1. Can you sum up your company philosophy and what you stand for in just a few words? 2. Describe the General Contractor's experience building a correctional type facility? 3. Describe the Architectural team's experience building a correctional type facility? 4. What projects have the General Contractor and Architect worked on together as a design -build project? 5. What is your track record of delivering projects on budget and on schedule? 6. Please explain how our desired schedule corresponds to your estimated design timeline and projected construction duration? 7. What communications & tracking process do you use to keep clients up to date in both design and construction phases? 8. What safety procedures and or training do you have in place when you're on a job site? 9. Can you describe your current workload? How does this project integrate into your current workload and backlog ? 10. When developing the GMP, you must bid to at least three bidders including self -performed. What difficulties will this present? 10. Are you familiar with any "special" design criteria for penal/correctional institutions? If so, please describe. 11. This project requires designing a commercial/institutional kitchen. Please describe how you plan to accomplish this specialized task. 12. We identified three cost analysis submittals required during design and prior to GMP at the 10%, 50% & 90% . Please walk us through your process in preparing these submittals? The following criteria will be used to evaluate the proposal submitted in response to this Request for Proposal. In addition the interview process may be used as supplemental information to information received in the bids. Each category will be rated from 1- 5. 1 represents marginal; 3 being average, 5 represents exceptional Item Corresponding Bid Specifications for Evaluation 1 Fee Proposal & General Conditions a. Pre -Construction & Design Fee b. General Conditions Fee c. Construction Management Fee d. Bonding capability (with Schedule) 2 Ability to provide and organize the items listed under the Proposal Documents stated above. a. Are all items listed as "Proposal Documents" on pg 12 of RFP provided? b. Is fee proposal sheet complete 3 Prior experience of firm and key staff (project manager, superintendent, design team, etc.) on a similar project a. General Contractor experience with correctional institutions b. Architect experience with correctional institutions c. Superintendent experience with correctional institutions d. Mechanical, Electrical, Plumbing design team experience with correctional institutions e. Experience of both GC and Architect working together on design -build projects 4 Current workload, organizational depth and ability to deliver the project within the project's timeframe. a. Does current workload permit this project timely completion b. Does projected timeframe meet, exceed, or not meet needs 5 5 5 5 Total 20 5 4 4 5 18 5 5 5 5 Total 10 10 5 5 5 5 5 Total 25 5 5 Total 10 Interviewer #2 3 3 3 3 12 3 3 6 5 3 3 4 15 5 5 10 Total Score Interviewer#4 (Averaged) 5 4 3 4 16 5 5 30 4 4 4 4 3 2 1 2 4 3 2 4 3 2 1 2 4 3 4 3 18 14 12 15 4 4 8 3 3 6 4 3 7 4 3 7 Demonstrated ability to work with the design team providing conceptual estimating, value engineering, 5 constructability, and scheduling services. a. Experience of providing conceptual estimating & value engineering 5 4 3 3 4 b. Experience of providing constructability and schedule projections 5 4 3 3 4 Total 30 8 6 6 8 Ability to provide the County a GMP for general conditions and/or the entire project and financial strength of the firm 6 to stand behind the GMP. a. Does firms financial information permit undertaking construction 5 5 3 3 3 b. Does firms financial information permit bonding capabilities 5 5 3 3 5 Total 30 10 6 6 8 7 Demonstrated ability to construct a project such as this to meet cost, schedule and quality goals. a. Firms past experience with meeting costs, schedule and quality goals 8 Proven track record with jobsite safety. a. Absence of OSHA violations b. Contractor's safety training & plan 5 Total 5 5 5 3 3 3 3 4 4 5 4 3 3 4 5 4 3 2 3 Total 10 8 6 5 7 15.25 9 14.75 7 7 7.5 3.75 6.5 The following criteria will be used to evaluate the proposal submitted in response to this Request for Proposal. In addition the interview process may be used as supplemental information to information received in the bids. Each category will be rated from 1-5. 1 represents marginal; 3 being average, 5 represents exceptional Item Corresponding Bid Specifications for Evaluation 1 Fee Proposal & General Conditions a. Pre -Construction & Design Fee b. General Conditions Fee c. Construction Management Fee d. Bonding capability (with Schedule) 2 Ability to provide and organize the items listed under the Proposal Documents stated above. a. Are all items listed as "Proposal Documents" on pg 12 of RFP provided? b. Is fee proposal sheet complete 3 Prior experience of firm and key staff (project manager, superintendent, design team, etc.) on a similar project a. General Contractor experience with correctional institutions b. Architect experience with correctional institutions c. Superintendent experience with correctional institutions d. Mechanical, Electrical, Plumbing design team experience with correctional institutions e. Experience of both GC and Architect working together on design -build projects 5 5 5 5 Total 20 4 4 4 5 17 Interviewer #2 3 3 3 3 12 4 3 3 4 14 Total Score Interviewer #4 (Averaged) 4 4 3 3 14 5 5 3 5 5 5 5 3 5 5 Total 10 10 6 10 10 5 5 5 5 5 Total 25 5 5 5 5 5 5 5 5 4 5 3 4 4 3 4 3 5 5 4 5 23 23 21 22 4 Current workload, organizational depth and ability to deliver the project within the project's timeframe. a. Does current workload permit this project timely completion 5 4 3 4 4 b. Does projected timeframe meet, exceed, or not meet needs 5 4 3 4 4 Total 10 8 6 8 8 Demonstrated ability to work with the design team providing conceptual estimating, value engineering, 5 constructability, and scheduling services. a. Experience of providing conceptual estimating & value engineering 5 5 3 4 5 b. Experience of providing constructability and schedule projections 5 5 3 4 5 Total 10 10 6 8 10 Ability to provide the County a GMP for general conditions and/or the entire project and financial strength of the firm 6 to stand behind the GMP. a. Does firms financial information permit undertaking construction 5 5 3 3 5 b. Does firms financial information permit bonding capabilities 5 5 3 3 5 Total 10 10 6 6 10 7 Demonstrated ability to construction a project such as this to meet cost, schedule and quality goals. a. Firms past experience with meeting costs, schedule and quality goals 8 Proven track record with jobsite safety. a. Absence of OSHA violations b. Contractor's safety training & plan 5 Total 5 5 5 5 5 5 4 3 3 3 3 4 4 4 3 5 5 5 5 14.25 9 22.25 7.5 8.5 8 4.25 Total 10 9 6 7 10 8 The following criteria will be used to evaluate the proposal submitted in response to this Request for Proposal. In addition the interview process may be used as supplemental information to information received in the bids. Each category will be rated from 1 -5. 1 represents marginal; 3 being average, 5 represents exceptional Item Corresponding Bid Specifications for Evaluation 1 Fee Proposal & General Conditions a. Pre -Construction & Design Fee b. General Conditions Fee c. Construction Management Fee d. Bonding capability (with Schedule) 2 Ability to provide and organize the items listed under the Proposal Documents stated above. a. Are all items listed as "Proposal Documents" on pg 12 of RFP provided? b. Is fee proposal sheet complete 3 Prior experience of firm and key staff (project manager, superintendent, design team, etc.) on a similar project a. General Contractor experience with correctional institutions b. Architect experience with correctional institutions c. Superintendent experience with correctional institutions d. Mechanical, Electrical, Plumbing design team experience with correctional institutions e. Experience of both GC and Architect working together on design -build projects 5 5 5 5 Total 20 5 5 Total 10 5 5 5 5 5 Total 25 2 4 4 5 15 5 5 10 4 4 3 4 3 18 Interviewer #2 3 3 3 3 12 3 3 6 5 5 5 4 4 23 3 3 4 5 15 5 5 10 4 4 3 3 4 18 Total Score Interviewer #4 (Averaged) 3 4 4 3 14 5 5 10 5 5 4 5 5 24 4 Current workload, organizational depth and ability to deliver the project within the project's timeframe. a. Does current workload permit this project timely completion 5 4 3 3 4 b. Does projected timeframe meet, exceed, or not meet needs 5 4 3 4 5 Total 10 8 6 7 9 Demonstrated ability to work with the design team providing conceptual estimating, value engineering, 5 constructability, and scheduling services. a. Experience of providing conceptual estimating & value engineering 5 4 3 4 5 b. Experience of providing constructability and schedule projections 5 4 3 4 5 Total 10 8 6 8 10 Ability to provide the County a GMP for general conditions and/or the entire project and financial strength of the firm 6 to stand behind the GMP. a. Does firms financial information permit undertaking construction 5 b. Does firms financial information permit bonding capabilities 5 Total 10 7 Demonstrated ability to construction a project such as this to meet cost, schedule and quality goals. a. Firms past experience with meeting costs, schedule and quality goals 8 Proven track record with jobsite safety. a. Absence of OSHA violations b. Contractor's safety training & plan 5 Total 5 5 5 5 5 10 5 5 4 5 3 3 6 3 3 3 3 3 3 6 3 3 3 4 5 5 10 4 4 4 4 14 9 20.75 7.5 8 8 3.75 Total 10 9 6 7 8 7.5 The following criteria will be used to evaluate the proposal submitted in response to this Request for Proposal. In addition the interview process may be used as supplemental information to information received in the bids. Each category will be rated from 1 - 5. 1 represents marginal; 3 being average, 5 represents exceptional Item Corresponding Bid Specifications for Evaluation 1 Fee Proposal & General Conditions a. Pre -Construction & Design Fee b. General Conditions Fee c. Construction Management Fee d. Bonding capability (with Schedule) 2 Ability to provide and organize the items listed under the Proposal Documents stated above. a. Are all items listed as "Proposal Documents" on pg 12 of RFP provided? b. Is fee proposal sheet complete 3 Prior experience of firm and key staff (project manager, superintendent, design team, etc.) on a similar project a. General Contractor experience with correctional institutions b. Architect experience with correctional institutions c. Superintendent experience with correctional institutions d. Mechanical, Electrical, Plumbing design team experience with correctional institutions e. Experience of both GC and Architect working together on design -build projects 5 5 5 5 Total 20 5 5 Total 10 5 5 5 5 5 Total 25 2 2 3 5 12 5 5 10 Interviewer #2 2 3 3 3 11 3 3 6 1 2 5 4 12 Total Score Interviewer #4 (Averaged) 2 3 5 5 15 4 5 5 5 9 10 4 4 3 5 4 5 5 5 4 3 3 5 3 4 3 5 3 3 3 5 18 19 17 25 4 Current workload, organizational depth and ability to deliver the project within the project's timeframe. a. Does current workload permit this project timely completion 5 4 3 3 5 b. Does projected timeframe meet, exceed, or not meet needs 5 4 3 4 4 Total 10 8 6 7 9 Demonstrated ability to work with the design team providing conceptual estimating, value engineering, 5 constructability, and scheduling services. a. Experience of providing conceptual estimating & value engineering 5 4 3 4 5 b. Experience of providing constructability and schedule projections 5 4 3 3 5 Total 10 8 6 7 10 Ability to provide the County a GMP for general conditions and/or the entire project and financial strength of the firm 6 to stand behind the GMP. a. Does firms financial information permit undertaking construction 5 b. Does firms financial information permit bonding capabilities 5 Total 10 7 Demonstrated ability to construction a project such as this to meet cost, schedule and quality goals. a. Firms past experience with meeting costs, schedule and quality goals 8 Proven track record with jobsite safety. a. Absence of OSHA violations b. Contractor's safety training & plan 5 Total 5 5 5 5 5 10 4 4 3 5 3 3 6 3 3 3 3 3 3 6 3 3 2 4 5 5 10 5 5 5 5 12.5 8.75 19.75 7.5 7.75 8 3.75 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 April 3, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Jail 2 -West Addition Bid (B1800059) As advertised this bid is for the 2 -West addition to the Jail. Bids are still being evaluated. Therefore, we are requesting an extension until April 18, 2018 in order continue the evaluation process before making a recommendation for approval. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director gig ads$-D��3 WELD COUNTY PURCHASING 1150 0 Street Room #107, Greeley CO 80631 E-mail: rturf(a�weldoov.com E-mail: reverett(a�weldgov.com E-mail: mwalters(a weldgov.com Phone: (970) 400-4216,4222 or 4223 Fax: (970) 304-6434 DATE OF BID: MARCH 20, 2018 REQUEST FOR: JAIL 2 WEST EXPANSION - DESIGN BUILD DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #B1800059 PRESENT DATE: MARCH 21, 2018 APPROVAL DATE: APRIL 4, 2018 VENDORS FEDERAL CONTRACTING INC. DBA: BRYAN CONSTRUCTION INC 4700 INNOVATION DRIVE, BLDG C FORT COLLINS CO 80525 ROCHE CONSTRUCTORS INC 361 71ST AVENUE GREELEY CO 80634 SAMPSON CONSTRUCTION CO 4508 ENDEAVOR DRIVE JOHNSTOWN CO 80534 FCI CONSTRUCTORS INC 4015 CORIOLIS WAY FREDERICK CO 80504 BUILDINGS & GROUNDS WILL REVIEW THE BIDS. `7 , 20/g-toP3 ,e& u 6.-67 Hello