Bryanconstructionappeal2 by The Greeley Publishing Company

EXHIBIT 1

REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: FEBRUARY 8, 2018 BID NUMBER: #B1800059 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 mandatory pre-bid conference will be held on Wednesday, February 28, 2018 @ 2:00 PM., at the Weld County Administration Bldg., Events Room, 1150 O St, Greeley CO 80631. B idders 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 @ 10:00 a.m. (Weld County Purchasing Time Clock). PAGES 1 – 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER 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 https://www.weldgov.com/departments/purchasing 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. Bid Delivery to Weld County – 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: b i d s @ w e l d g o v . c o m . 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, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-400-4222 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 #B1800059

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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

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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 #B1800059

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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. 2.

Detailed equipment specifications to include the warranty. 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 #B1800059

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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 extrajudicial 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 selfinsured 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

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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. Types 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 #B1800059

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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 Subrogation: 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 mandatory pre-bid conference will be held on February 28, 2018 at 2:00 PM in the Weld County Administration Building located 1150 O-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.

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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).

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• • • • •

• •

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 3rd 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 – Phase1 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, 2018| 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 #B1800059

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. b. c. d. e. f. g. h. i. j. k. l. m. n.

Provide a conceptual design for the project. Provide structural design, as required. Civil engineering and site planning, as required. Prepare submittals to governing agencies for approval. Provide a schematic design package. Provide a design development package. Provide full and complete construction documents. Provide construction administration. Attend weekly design and construction meetings. Prepare building permit submittal, and assist in obtaining the permits. Make Building Department requested revisions. Provide an estimate of “reimbursables” that would be required for this project. Provide hourly rates for “additional services.” Provide a design schedule Include all costs for architectural design services, programming, civil engineering, structural engineering, mechanical engineering, electrical engineering, and all other “consultant” fees in the proposal. 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.). l. Establish job site survey controls prior to mobilization. Coordinate surveys, geotechnical investigations and other pre –mobilization activities. BID REQUEST #B1800059

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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. b. c. d. e. f. g.

Complete field staff and support, temporary facilities. Equipment and support not in direct cost. Manage permits held by Owner. Issue and manage agreements for testing and inspection services, surveying, etc. Coordination with utility companies. Support design team. 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. 1) 2) 3)

Firm(s) Information: Identify which office (Contact Office) will be responsible for the project. Provide a staffing chart showing proposed organization for this project. Provide a list of proposed firms to be used in design services 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 â&#x20AC;&#x153;Confidentialâ&#x20AC;?. 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. B. C. D. E. F. G.

Fee proposals and general conditions. Ability to provide and organize the items listed under the Proposal Documents stated above. Prior experience of firm and key staff on a similar project. Quality and experience of people assigned to the project – project manager, superintendent, design team, etc. Current workload, organizational depth and ability to deliver the project within the project’s timeframe. Demonstrated ability to work with the design team providing conceptual estimating, value engineering, constructability, and scheduling services. 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 #B1800059

Page 13

H. I. J.

Demonstrated ability to construction a project such as this to meet cost, schedule and quality goals. Proven track record with jobsite safety. 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 preconstruction 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 3% 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 #B1800059

Page 14

Complete the fee proposal below for your bid. Assumptions are the contractorâ&#x20AC;&#x2122;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

B. Fee Proposal

Estimated # of Months _____________

Lump Sum

1. Pre-Construction

N/A

$____________

2. Design Fee

N/A

$____________

3. General Conditions

N/A

$____________

4. Construction Management Fee

___________%_

$____________

5. Bonds (Attach schedule)

___________%_

$____________

6. Other (describe on additional sheet)

___________%_

$____________

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 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 â&#x20AC;&#x201C; 8.

BID REQUEST #B1800059

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THOMAS ROCHE - CONTRIBUTION SUMMARY Contributor THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE THOMAS ROCHE

CityState GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO GREELEY, CO

ContributorType Amount ContributionDate Individual 500 10/5/2013 Individual 1000 7/11/2016 Individual 500 12/6/2013 Individual 600 4/21/2014 Individual 1500 3/19/2014 Individual 500 10/18/2013 Individual 1100 7/26/2014 Individual 1100 3/25/2014 Individual 500 3/11/2014 Individual 400 5/6/2014 Individual 400 8/8/2016 Individual 1150 8/15/2017 Individual 400 1/6/2016 Individual 1150 11/24/2017

ContributionType Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized) Monetary (Itemized)

RecipientName CHILDREN FIRST CITIZENS FOR CONWAY COLORADANS FOR GESSLER COLORADANS FOR GESSLER COMMITTEE TO ELECT LYLE ACHZIGER COMMITTEE TO ELECT RON BRECHEISEN COMMITTEE TO ELECT WAYNE WILLIAMS CYNTHIA COFFMAN FOR AG KOPPES FOR CLERK KRIS SELZER FOR HOUSE DISTRICT 20 PETE WEIR FOR DISTRICT ATTORNEY POLLY FOR TREASURER ROURKE FOR DA STAPLETON FOR COLORADO

RecipientID 20135026248 20165030107 20135025482 20135025482 20135025307 20135026364 20135026404 20135025505 20135026084 20135026591 20105018793 20175032219 20155030044 20175033116

InKind No No No No No No No No No No No No No No

Major No No No No No No No No No No No No No No

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EXHIBIT 2 ________________________________________________________ TRANSCRIPT OF PROCEEDINGS (Excerpt: Bids) ________________________________________________________

BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO April 18, 2018 10:38 a.m.

MEMBERS PRESENT Commissioner Commissioner Commissioner Commissioner Commissioner

Steve Moreno, Chair Barbara Kirkmeyer Pro-Tem Sean P. Conway Julie A. Cozad Mike Freeman

ALSO PRESENT: County Attorney, Bruce Barker Acting Clerk of the Board, Stephanie Frederick Controller, Barbara Connolly

NOTE: WHEN IT IS NOT POSSIBLE TO DETERMINE WHO IS SPEAKING, "MALE" OR "FEMALE" IS USED.

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Based on the factors of the analysis, the

best value for the county is to award the bid to Bryan

Construction from Larimer County, which is the

recommendations of Buildings and Grounds Department.

Bryan's bid consists of preconstruction costs

of $37,750.00.

goes to zero, the design fee $978,500.00, general

conditions fee $1,100,000.00, the estimated duration 25

months.

If contracted for construction, the fee

It should be noted that the bidder which

ranks second is the best value for the county.

FCI Constructors.

Bryan Construction in price is just .79 percent.

addition FCI is projecting a 22 month construction

schedule versus 25 months.

in Weld County, with their office located in Frederick.

17 18

CHAIR:

It is

FCI Constructors' difference from In

FCI Construction is based

Question, Toby, do you have something

to add?

MR. TAYLOR:

CHAIR:

Okay.

I did not. I know we've got a couple of

work sessions, and I know Commissioners may have some

questions, but I just want to bring to the attention of

the Board that I've been informed that we do have at

least two representatives for two out of the four

bidders and have been asked to allow for some comments

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from those that have put in their bids.

I do personally not have a problem with

allowing for some comment.

the rest of the Board as far as those that are here.

5 6

I just want to hear from

UNIDENTIFIED MALE COMMISSIONER:

No, I'm

fine.

UNIDENTIFIED FEMALE COMMISSIONER:

I'm okay.

CHAIR:

It looks

9 10

Everybody okay with that?

like we have all five Commissioners in aggreeance with that.

So I did have a request from two of them, and

so if they want to come forward and speak to their

company and make their comments, or whoever the

representative is, please come forward.

name and address for the record.

16 17

UNIDENTIFIED MALE:

CHAIR:

UNIDENTIFIED MALE:

Mr. Chair, can I ask to

clarify before we get to what I'm just going to ask.

State your

Sure. So a couple of questions.

I know we've had a couple of work sessions on this. Mr. Conway

In terms of your analysis, did we look at

section 14-9, the bidding and procedures, particularly

section three and four as part of this analysis in

terms of what the charter calls out for in terms of

giving preference to local?

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1 2

MR. TURF:

So you're referring to the local

preference?

UNIDENTIFIED MALE:

MR. TURF:

That is the Board's sole

UNIDENTIFIED MALE: was not included. MR. TURF:

UNIDENTIFIED MALE:

Correct.

clarified the question.

CHAIR:

So that was not -- that

I just want to --

Yes.

determination.

6 7

Thank you.

I just

Thank you.

Did anyone else have any questions of

staff before we call out for a comment?

UNIDENTIFIED FEMALE COMMISSIONER:

CHAIR:

Thanks.

Okay, so I will ask for those that

are here that are representing their companies that

would like to come forward, please come forward at this

time.

18 19

And state your name and address for the record.

MR. HEMEYER:

Hello, my name is Bryan

Hemeyer.

4015 Coriolis Way, Frederick, Colorado.

I'm with FCI Constructors.

CHAIR:

MR. HEMEYER:

The address is

Thank you. We participated in many -- in

many bid proposals with the county on prior projects.

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1 2

MR. TAYLOR:

Certainly.

Toby Taylor,

Buildings and Grounds.

I cannot speak for the other three members

that were part of this panel though.

bids.

asked to look at a cost benefit analysis looking at the

qualifications and experience of the team, because the

initial look was that all four could perform a

construction of the jail.

We received the

They were very competitive in cost.

And we were

But which ones were actually the best cost

benefit analysis for the county is what we were asked

to look at.

So we formed a four panel person team to

evaluate various [background noise - inaudible] to each

area of one through five, with one being marginal,

three being average and five being exceptional.

Based on the panel's individual's ratings, we

took all of those ratings and rated each vendor

independently of each other, no conversations with each

other, and we got together at the end and entered our

scores in, and we took the average of that and come up

with the compilation that was presented with you that

showed that Bryan was actually the number one ranking

as far as the cost benefit analysis with FCI following

as second, Sampson is third and Roche is fourth.

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Based on that recommendation -- or based on

that result, we gave the recommendation to award to

Bryan Construction.

COMMISSIONER COZAD:

And there was -- there

were several different criteria.

the list here.

one of the criteria.

8 9

So you looked at the fees.

MR. TAYLOR:

That was

I'll go through the criteria if

you wish?

10 11

You were looking at

COMMISSIONER COZAD:

Yeah, would you mind

just going through each of the criteria.

MR. TAYLOR:

We looked at a criteria of fee

proposals and general conditions.

was the completeness of their proposal documents.

next criteria was experience of staff on similar

projects.

organizational depth and schedule.

demonstrated ability working with the chosen design

team.

strength or guaranteed maximum price and financial

strength of the company.

demonstrated ability of costs, schedule and quality.

And the last one was proof of track record with job and

site safety.

The next criteria The

The next criteria was current workload, and The next was

The next criteria was the guaranteed maximum

The next criteria was

COMMISSIONER COZAD:

And can you explain that

AB Court Reporting & Video

DCA [background noise - inaudible] ADA.

That's different from a structural engineer

analysis.

architect itself in that team was lacking behind the

other architects in relation to those components that

were needed.

as well.

8 9

So as I looked at it, I felt that the

That was clarified during the interview

But we did do that analysis ahead of time with the bids that were submitted, and then the

clarification came in the interview.

not the sole source of the determination.

COMMISSIONER KIRKMEYER:

The interview was

Okay.

I have a

question for Mr. Warden if I may at some point before

everyone else?

15 16

CHAIR:

bring Mr. Warden up after that?

17 18

Can we go to Commissioner Cozad and

COMMISSIONER KIRKMEYER: yeah.

CHAIR:

COMMISSIONER COZAD:

21 22

Yeah, yeah, yeah,

[cross talk - inaudible]. Sure I actually have a

question for probably the County Attorney. When it -- I think it got brought up during

some of the public comment too is does FCI are they

considered a resident Weld County bidder -- I made it

to in a question for Toby -- under section 14-9 under

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the bidding process number three -- because it says:

"The County Commissioners shall give preference to

resident Weld County bidders in all cases where the

bids are competitive in price and quality."

So there was a question that the home office

for FCI is in Grand Junction, but that they have an

office with a hundred staff that would be managing the

projects from Frederick.

9 10

And so I guess my question is does that meet the criteria of that section of the code for FCI?

MR. TAYLOR:

So I think that's a

determination that the Board would have to decide

amongst yourself if that meets that residency

requirement.

We have used companies in the past that if

they are based in Weld County, regardless of where

their corporate office may be in the world, we consider

them to be a resident company of Weld County, because

they are here, they're paying taxes.

base is here, and we have used them in the past that

way.

COMMISSIONER COZAD:

CHAIR:

MR. BARKER:

Their employee

Okay, thank you.

Mr. Barker, were you -So while I was sitting there, I

looked up the periodic report for both companies.

The

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one that was filed in -- one was filed in 2017.

was for FCI Constructors.

office street address of 3070 I-70 Business Loop,

building A, Grand Junction, Colorado.

That

They list as their principal

The thing to me that's important is where do

you if you need to serve process on the company, where

is their process -- where is their registered agent

address.

And in the incidence of FCI it is the same

Grand Junction address.

is Thomas J. Roche, 361 71st Avenue, Greeley, Colorado.

For Roche the registered agent

In the provisions both in the charter and in

our code, it does not define residence.

"resident Weld County bidders."

It just says

What I offer is that I think from a legal

standpoint when I look to see where they're domiciled,

I look to see to where the registered agent is located.

CHAIR:

COMMISSIONER CONWAY:

And, Commissioner Conway? And based on your

research the resident domicile for one of those

companies is Grand Junction, Colorado; correct?

MR. BARKER:

The two agents, the registered

agents, the one for FCI is in Grand Junction.

for Roche Constructors is Mr. Roche, and that's here in

Greeley.

The one

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1 2

COMMISSIONER CONWAY:

MR. BARKER:

COMMISSIONER CONWAY: Fort Collins, Colorado.

I didn't look at that one.

MR. BARKER:

COMMISSIONER CONWAY:

CHAIR:

10 11 12

Okay.

But they list

It's there in the bid.

And the other one is

for Alamosa, Colorado?

I didn't look at that one. Okay.

Commissioner Cozad, and what comes

after the Commissioner Kirkmeyer is done? COMMISSIONER COZAD:

I'm sorry, I just want

to followup with this question. So from a legal standpoint, you look at

registered agent and not local preference based on

where employees are and the economic benefits of having

the office that's doing the project in the county?

MR. BARKER:

And I'm not saying that that's

not something you take into consideration.

Toby mentioned, it's the Board's determination as to

what is meant by both the charter and the code

provisions that say "resident Weld County bidder."

I think as

I'm just offering that from a legal

perspective.

corporation located, I look to see where the registered

agent is located.

When we look to see where is that

COMMISSIONER COZAD:

Okay, thank you.

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CHAIR:

COMMISSIONER COZAD:

COMMISSIONER KIRKMEYER:

CHAIR:

Is that it from the County Attorney?

Oh, no.

Yes. No, no.

Commissioner Kirkmeyer,

sorry.

COMMISSIONER KIRKMEYER:

So because it's not

defined, is that in the charter, then you just look to

the regular definition of resident?

MR. BARKER:

I think it goes to what you feel

comfortable with to see if you feel they are located in

the county.

there.

So it talks about resident Weld County

Well how ever you define that, sure.

COMMISSIONER KIRKMEYER:

So but the term

"resident" is normally defined as "residing in."

doesn't go back to where you would serve someone.

Because you could look at JBS and say they are not a

resident using your -- the way that the legal basis

would go.

And I'm thinking JBS is a resident. MR. BARKER:

It's totally up to you.

Again

I'm just saying from the perspective of a legal

perspective, you try and figure out where their

residence or where they are located, and you look to

see where their registered agent is located.

COMMISSIONER FREEMAN:

CHAIR:

I have a question.

Are you done, Commissioner Kirkmeyer?

AB Court Reporting & Video

COMMISSIONER KIRKMEYER:

CHAIR:

COMMISSIONER FREEMAN:

Yes.

Commissioner Freeman. So not to really make

a mess of this thing, but every time we look at when

we're giving local preference on vehicles and all of

those kind of things, we're looking at where that

dealership is located.

we have multiple dealerships all over the place.

look at the John Elway Dealership here in Greeley

We're not looking even though We

that's making that bid, not where the corporate offices

of John Elway Corporation are, because that's not going

to be in Weld County.

And that's going to be true of every one of

these dealerships that we're looking at when we give

local preference.

So I think we're -- I mean maybe I'm just

putting that out there, because we've been doing that

for a long time on preferences where the business is

located.

CHAIR:

COMMISSIONER KIRKMEYER:

Commissioner Kirkmeyer. It's my

understanding FCI has property in Weld County where

their building is, and they pay taxes.

24 25

So when I look up definition for a resident business, they could relate back to an entity.

They

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talk about as a resident for exchange control and/or

tax purposes.

a resident of Weld County.

it.

5 6

Warden.

We're done with Mr. Barker. CHAIR:

Mr. Warden, please.

And Commissioner

Kirkmeyer.

9 10

That would be my take on

But I actually have a question for Don

7 8

So for tax purposes, they are considered

MR. WARDEN:

It's Don Warden, Director

Finance and Administration.

COMMISSIONER KIRKMEYER:

So since you and I

were both here in the '90's, and my memory is pretty

good, but I'm thinking your memory might be better.

14 15

So the current county jail that's out on O Street was built in '97/'98 time period?

MR. WARDEN:

COMMISSIONER KIRKMEYER:

'97 I believe, yes. Yeah, 1997, because

it was after that election we had in 1996.

So and that's -- that's one of the projects

that Mr. Roche was the construction manager on, general

manager.

MR. WARDEN:

He was the actual construction

company.

basically that was not a design-build or as we're

calling it now.

Warren Bligh was the architect.

And

The terminology changed a little bit.

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management of GCC or GNC type arrangement.

was Bligh and Roche were the two companies that worked

together for both of those.

COMMISSIONER KIRKMEYER:

And that

Okay, and then can

you speak to the comment about a deduction back to the

county?

MR. WARDEN:

Yeah, I recall there was a

reduction off of the price, and I'm not sure of the

details, but I can certainly look that up.

Tom is correct in that statement.

COMMISSIONER KIRKMEYER:

Okay.

But I think

And then the

statement is also correct, which I have no reason to

believe it's not that they were on time under budget

kind of thing?

MR. WARDEN:

COMMISSIONER KIRKMEYER:

out.

Yes, they were on budget, yeah. Great.

That helps

Thank you very much.

MR. WARDEN:

CHAIR:

I'm going to bring it back to the Board

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Uh-huh.

Any further questions, Commissioners?

comments before we order a motion. All right, nobody wants to comment first?

will take upon what I guess as the Chair. And I appreciate staff first of all, and I appreciate the four individuals that have participated

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in this here.

clear up how this was scored, and the time commitment

to this here, and your expertise in this process here.

And I don't disvalue any of that.

interesting how this all came out, and the rankings

that mirrored basically the same from all four

participants in this process here.

8 9

And I know we had the work session to

I think it was very

I know it's a -- this is a big, big project. This is a huge step that the Board is going to

responsible for -- on behalf of the taxpayers here.

And I appreciate those that have all put into this bid,

because as I asked to clarify a question that can they

all do this, and it was clearly stated that they can

all take on this project.

If you wanted to comment, I'm going to go

back to hearing a little bit of the history of what

happened here with the build of this jail, and the

expansion to the jail.

And then the projects have been presented

here on one particular vendor, and then that's what I

want to comment on the Roche Contractor.

I have no reason to think anything different that what

happened back then would happen here and continue on to

add to the expansion of this jail.

That's me just personally.

I, you know,

I do take in

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respect to what were the comments that are lacking, and

some of the experience from the staff that was pointed

out in this evaluation and this ongoing process that

was presented to us.

In the work session again today those

questions were asked, but that's kind of where I'm

leaning that I would be in favor of going with what was

presented as the low bid here.

And I have all the confidence in the world

that I believe they will continue to do a good job for

the county.

12 13

But that's where I'm at, and I will leave it to the rest of the Board's comments.

Commissioner Cozad.

COMMISSIONER COZAD:

Yeah, I think first of

all it was helpful to have people here from the public

today and hear directly from the bidders.

And I would like Commissioner Moreno, I

really do appreciate the amount of time and effort that

the staff, all four of you put into looking at these.

And I think it is important.

for us.

once it's all done, and that is a big price tag for us

as a county.

This is a huge project

You know, it's going to be over $40,000,000.00

But I'm leaning the same way as Commissioner

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Moreno.

really close.

very close.

I'm, you know, I think as far as low bid, it's

Those three, the three companies are

And the one thing that was concerning me was

the experience of the staff on similar projects.

think that there is, you know, from what we heard

today, there are people on the team that could get the

project done.

our staff that any of the bidders could get the project

I do

And again I, you know, I did hear from

done and do a good quality job.

local company.

and that's what we end of up going with.

worry about local preference, because they are low bid.

And I think Roche is a

And, you know, they are a low bidder We don't have

So I do think that that is important to me

though.

bidding on this.

business.

there were comments made that, you know, they do pay

taxes.

down in Frederick.

right here.

As local companies and I appreciate FCI too I don't see that they are not a local

I do think that they are.

They are located here.

And I think that

They are on five acres

They have 100 employees that are

But I do at this point I think Roche would do

a fine job.

past and returned money back to us and have stayed on

budget and on the schedule.

They have done a good job for us in the

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CHAIR:

COMMISSIONER CONWAY:

Commissioner Conway. Yeah, I'm leaning

towards the comment made by Chairman Moreno and

Commissioner Cozad.

I've been struggling with this whole -- I

mean I asked you everything else looked really close,

except for this experience.

presentation today helped me in terms of understanding

why maybe some of that in terms of the interviews came

And I think the

out that way.

I'm confident that, you know, if we go with

the original low bidder here, one, it's $147,000.00 --

$147,565.00 less than Bryan.

$453,000.00 less in terms of the bid in terms of the

first bid.

And it's $450,000.00 --

So I'm confident based on the history.

Mr.

Roche has done all three -- or Roche Construction,

excuse me, has done all three of the previous pods.

Mr. Warden said they were on time, on budget.

no doubt in terms of this.

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There is

As you said in your testimony, you are confident that all four of these could do this.

But I come back to section 14-9.

You know it

says the County Commissioners "shall" -- it doesn't say

"may."

It says shall give preference to resident Weld

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County bidders in cases where bids are competitive in

price and quality.

And clearly they are the low bidder.

I would

agree with you based on to clear up in terms of, you

know, the County Attorney has got that resident agent,

but I think the fact that they've got 100 employees I

think that that's our discretion up here.

concur with you, Commissioner Cozad, on that.

But I mean it's clear that there is I mean a

huge difference.

the end of day in terms of the bid.

where I'm at.

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So I would

I've got $300,600.00.

And that's at

And that's kind of

So I'm in concurrence with Chairman Moreno and Commissioner Cozad in terms of this.

CHAIR:

COMMISSIONER KIRKMEYER:

Commissioner Kirkmeyer. So I think we're

very fortunate first of all.

that came in and bid, and they are all four quality

companies.

We got in four companies

COMMISSIONER CONWAY:

COMMISSIONER KIRKMEYER:

I would agree. So now we're down to

basically really separating the wheat from the shaff if

you will to use more of a agricultural term there.

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But so here is my concern.

So I'm just going

to ask a direct question if I may of Toby.

And then

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it's on the experience stuff, which obviously we all

have a lot of questions with regard to.

part that is concerning me is is when you made the

comment about the architectural team is lacking behind,

and they don't have any recent experience, that

concerns me.

Because the

Because when I was looking up the point

differentiation here, it's in -- I mean I'm between

Roche and FCI quite frankly.

You know if Bryan was a Weld County -- had

their offices were here in Weld County instead of

Larimer County, quite honestly I don't think it would

be an issue, because they are like 11 points more in

the scoring.

to go back and look at what's the best value for the

county to make sure, because it's a huge project, they

are like 11 points more.

And the whole issue is around experience.

You know when we went and asked our staff

FCI is eight points more.

So I just need a direct response with regard

to the architectural design team for Roche, and when is

their most recent experience in building a detention

facility of this type.

Because as we all know, Federal rules,

regulations and even state laws change.

those or screw those up, that ends up costing us a lot

And if we miss

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of money.

2 3

So could you give me that number, give me that here.

MR. TAYLOR:

What I'm recalling from the

interview was the architect presented that the last

correctional institution that he had worked on was a

1976 construction of the Centennial Jail Complex

through NHP, who has a gentleman fresh out of college

that he presented.

10 11

COMMISSIONER KIRKMEYER: facility of this type?

12 13

MR. TAYLOR:

Of this type.

COMMISSIONER KIRKMEYER:

MR. TURF:

COMMISSIONER KIRKMEYER:

So that's my

concern. MR. TAYLOR:

COMMISSIONER KIRKMEYER:

years ago essentially.

years.

Okay. I mean that's 40

There is a lot changed in 40

MR. TAYLOR:

COMMISSIONER KIRKMEYER:

Rob, is that?

That's my recollection as well.

The Weld County

Jail down at Centennial in 1976.

On a correctional

There has been. So that's why I'm

struggling. CHAIR:

Commissioner Conway.

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COMMISSIONER CONWAY:

Was there discussion

about the Federal facility, the $62,000,000.00 facility

in Aurora, because they would have to comply with all

Federal standards; correct, ADA, all of the things that

are incorporated into that.

MR. TAYLOR:

Some of that is being

conflicted.

the Hauser Architectural team is what we're talking.

The Hauser Architectural team is the ones that have not

10 11

The Roche Construction is separate from

done that function. COMMISSIONER CONWAY:

But Roche Construction

just did a $62,000,000.00 ICE Holding Facility in

Aurora; correct?

MR. TAYLOR:

Going back to Commissioner

Kirkmeyer's question, it was in regards to the

architectural team themselves not Roche Constructors as

a construction company.

18 19 20

So the architectural team themselves have not done from 1976 was our understanding in the interview. Roche as a construction company has done

similar functions.

within the matrix.

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CHAIR:

And those scores are relative

Okay.

Commissioner Cozad, or I'm

sorry, Commissioner Freeman did you -COMMISSIONER COZAD:

No, go ahead.

Let

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Commissioner Freeman go next.

CHAIR:

COMMISSIONER FREEMAN:

Commissioner Freeman. Well I'm kind of in

the same place that all of you are.

it's very apparent

Roche.

I mean I think

that it's certainly between FCI and

You are supposed to look at low bid.

believe they are both local companies.

we've set that precedent for a very long time that if

I mean I think

they are doing business here, they are paying taxes

here.

always looked at that, and I think that's the way we

continue to have to look at that to be able to give

local, because who knows where their corporate

headquarters are or wherever else.

16 17 18 19 20

That's a local company.

That's the way we've

The point to me is that they are located, have a business and operate out of Weld County. So I think they are both local.

I think that

comes out of the factor. I am also a little bit concerned about the

architectural team.

guess I'm a little bit -- I guess I'm a little bit

wondering why we would use an architectural team that

isn't the one that built the facility that Commissioner

Conway is talking about that has the experience of

That is a long time, 1976.

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building a project like that is not maybe the

architectural team that's looking at a project this

size.

So I struggle with that a little bit as well.

CHAIR:

COMMISSIONER COZAD:

7 8 9 10 11 12

Commissioner Cozad. That is why we

deliberate. You know the architect is the one that's going to design the facility.

So, you know, I'm a

little -- I am concerned about that. If the last correctional facility that they designed was in 1976 -- is that what you said?

MR. TAYLOR:

COMMISSIONER COZAD:

Yes. They have no other

correctional facility design experience at all, whether

it's with Roche or not?

MR. TAYLOR:

COMMISSIONER COZAD:

I do not recall seeing that. And in your opinions,

the two of you since the two of you were on the team,

is that why there was the differential, and that's what

I was trying to get at earlier, and I really maybe I

didn't quite get that from you, because that's really

the main reason on the experience from --

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MR. TAYLOR:

From my perspective it was a

major issue, because your design is what saves you

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money in the long run or you expend more money in the

long run.

You also have to comply with the current

regulation for a correctional institution.

1976, some of these things are new.

in 1976.

COMMISSIONER COZAD:

And since

They didn't exist

So I kind of asked that

question of Mr. Roche, and, you know, to kind of get to

the meat of who is going to look at the regulations,

the current regulations.

since our jail was built even the additions.

And it's been awhile even

But I just -- I just want to make sure that

even though there is a $453,000.00 price differential

between FCI and Roche, that we're not going to end up

spending that $453,000.00 because we didn't get

something right that's in our regulations.

So I think to me that is really important.

And I guess maybe that's and now, you know, I'm kind of

going back the other direction.

MR. TAYLOR:

COMMISSIONER COZAD:

While I do support --

That's on [inaudible]. -- you know going low

bid, I do now have a concern about the architect and

not having a strong architect to do the design.

24 25

And I have no doubt that Roche couldn't construct the jail.

They have experience in that.

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But making sure that it's designed and meets

all of the criteria and the regulations that we have to

meet to make sure our jail is in compliance and not

find something out down the road because the architect

missed it, that is concerning to me.

CHAIR:

I want to ask Mr. Warden; I know you

stepped up to the table, did you have some comments

to --

MR. WARDEN:

Just a question I guess for

clarification

table.

as Mr. Roche indicated consulted.

consideration the whole team or just Hauser?

so all of the information is on the

In both groups have "teams and consultants" and

Did you take into

MR. TAYLOR:

We took into consider the whole

MR. WARDEN:

Okay.

MR. TAYLOR:

The whole team was rated so they

team.

had different line items depending on where they were

at in the team.

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MR. WARDEN:

Okay, just wanted to clarify.

Thank you.

CHAIR:

COMMISSIONER CONWAY:

All right, Commissioner Conway. So I just want to go

back.

entities could do this project; is that correct?

You said you have no concern that any of these

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MR. TAYLOR:

COMMISSIONER CONWAY:

That is correct. And that includes the

experience on staff in terms of the teams that they

have assembled; correct in total?

MR. TAYLOR:

CHAIR:

COMMISSIONER KIRKMEYER:

That is correct.

Commissioner Kirkmeyer. Do you have a

concern with regard that the architectural team doesn't

have any experience since 1976, 40 years ago?

MR. TAYLOR:

I do have a concern with it, but

I do believe that if steered in the right direction,

they could look at the references and design a building

and structure that meets the requirements.

feel that they have that current experience right now,

and there could be some omissions or things that are

found later that could lend itself to issues.

17 18

And that's why I had my ratings the way that I did.

19 20

CHAIR:

COMMISSIONER KIRKMEYER:

I want to ask the

attorney a question.

23 24

That's about all of the questions.

Okay.

21 22

I don't

CHAIR:

Go ahead, Commissioner, I'm sorry,

Kirkmeyer. COMMISSIONER KIRKMEYER:

I'd like to ask the

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attorneys a question.

CHAIR:

COMMISSIONER KIRKMEYER:

Bruce. Is there anything

that you can think of contractually that we could do to

protect the county should we end up picking a firm that

doesn't have the architectural experience or it's

lacking so that if there is something that is omitted

or simply missed, the county is protected?

MR. BARKER:

10 11

Absolutely.

COMMISSIONER KIRKMEYER:

Then what would that

be?

MR. BARKER:

Well you could in a couple of

things.

requirement that, in fact, they provide that sort of

expertise.

One would be a requirement, a strict

Secondly, would be that that expertise is

being relied upon for the purpose of going forward.

That in essence we are relying upon those -- that

expertise for the purpose of making certain that it's

done correctly, and that they are taking the

responsibility of making sure that it's done in

accordance with both federal and state law.

COMMISSIONER KIRKMEYER:

24 25

their expense? MR. BARKER:

Correct.

And that would be at

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county because of an unknown condition or whatever.

And there were several of those that had to kind of be

mediated between the county and with Pat Presachino

primarily, and sometimes I was involved and Roche and

Bligh.

That was one of the reasons when we did the

second phase, we wanted to do a design-build, even

though we had a different terminology at the time,

where they worked together.

And basically once they gave us a firm price,

they lived with it.

up that they forgot to do something that met the code

or whatever, that was their ticket.

and the contractor had to work out who paid for it or

who was going to resolve it.

If there was something that came

And the architect

But we avoided the change order issues I

think you're talking about by going to this design-

build concept that once they give us that firm price,

they pretty much -- if they discover something that

they didn't put in because of a standard or whatever,

that's their ticket.

22 23

It's not ours.

COMMISSIONER KIRKMEYER:

So and this is a

firm price?

MR. WARDEN:

COMMISSIONER COZAD:

Right.

Once we -[indecipherable] what

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you're looking at?

COMMISSIONER KIRKMEYER:

MR. WARDEN:

maximum price, a GMP.

5 6

Once we what?

Once we establish a guaranteed

COMMISSIONER KIRKMEYER:

So this is not the

guaranteed maximum price?

MR. WARDEN:

However, what you're seeing in

front of you is a budget estimate of what it would be

without the cells or the controls.

That is not the

firm price.

The firm price is just the design fee,

general conditions.

just for some internal calculation.

Things highlighted in yellow are

THE COURT:

COMMISSIONER CONWAY:

Commissioner Conway.

brought up the first part of it, the first phase began.

MR. WARDEN:

COMMISSIONER CONWAY:

Right.

three.

everything go, because --

So I want -- you

You have phase two and

Did that design-build concept work and

MR. WARDEN:

It worked.

It worked very well.

I think obviously you could ask Tom, but I think from

the county's perspective, we were very happy with the

process and the results.

the architect the Roche Construction order was happy

And I think my feeling was

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COMMISSIONER KIRKMEYER:

Yeah, I appreciate

all of the discussion.

greatly concerned, because we don't have the guaranteed

maximum price at this point.

I certainly do.

I am still

I'm greatly concerned that the architect team

experience is lacking way behind.

recent experience.

just greatly concerns me.

There isn't any

I mean we're talking 1976.

That

And the construction management fee of the

.0285 is higher than FCI at .0230.

estimated construction duration, Mr. Roche spoke about

that he thought it was actually more like 25 months.

So with FCI it's actually 22 months.

Even in the

And the difference really is about one

percent difference between the two.

we asked our staff to go through and get, you know, get

these really go through and look at this whole bid

process to make sure that, you know, if we're investing

close to $45,000,000.00, that's a lot of money.

you know, I think if maybe it were some other building,

I don't even think we would be here.

I'm just -- I mean

And,

But because it's the jail, if there's a screw

up or some sort, and we only have one jail.

not like we can move people around to all over other

places.

So it's

It's got to get done, and it's got to get done

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1 2 3

C E R T I F I C A T E

4 5

I, Randel Raison, certified electronic

court transcriber, do hereby certify that I typed

the proceeding in the foregoing matter from audio

recording, or the transcript was prepared under my

direction, and that this is as accurate a

transcript of what happened at that time and place

as best as is possible, due to conditions of

recording and/or duplicating.

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4-30-2018 ____________

_________________________

Date

/s/Randel Raison, CET 340

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