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Doc 465 - Jail Project Constr Amendment
IDeschutes County Board of Commissioners I1300 NW Wall St., Suite 200, Bend, OR 97701-1960 ,, (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of Monday, August 19,2013 DATE: August 14,2013 FROM: Susan Ross Property & Facilities 541-383-6713 TITLE OF AGENDA ITEM: Consideration of Board Signature of Amendment to Construction Contract with Kirby Nagelhout Construction Company (KNCC) to Establish a Guaranteed Maximum Price for Phase 1 of Jail Expansion Project. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: KNCC is the construction manager/general contractor (CMGC) for the jail expansion project. The contract is to be amended to establish a guaranteed maximum price for the expansion work. This will be amendment #1 of2 amendments. The first amendment is for the site work and long-lead items (detention-grade hardware and doors), and the second amendment that will be developed later will be for the jail construction. We are breaking down into two phases so that notice-to-proceed can be given to CMGC to begin site work immediately while awaiting a building permit and bidding for the jail construction phase. FISCAL IMPLICATIONS: Total amount of contract for amendment #1 is $1,335,458 RECOMMENDATION & ACTION REQUESTED: Board signature and approval of Amendment #1 to Construction Contract with Kirby Nagelhout Construction Company ATTENDANCE: Susan Ross DISTRIBUTION OF DOCUMENTS: One original to KNCC and one original for recording. Copy to Susan Ross. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements. regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda. the Agenda Request Form is also required. If this form is not included with the document. the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes. and not directly to Legal Counsel. the County Administrator or the Commissioners. In addition to submitting this form with your documents. please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 18/14/131 Department: IProperty & Facilitie~ Contractor/Supplier/Consultant Name: Kirb Na elhout Construction Com an Contractor Contact: Mike Ta lor, General Mana Contractor Phone #: 541-389-7119 Type of Document: Amendment to Construction Contract with Kirby Nagelhout Construction Company (KNCC) to Establish a Guaranteed Maximum Price for Phase 1 of Jail Expansion Project. Goods and/or Services: KNCC is the construction manager/general contractor (CMGC) for the jail expansion project. The contract is to be amended to establish a guaranteed maximum price for the expansion work. This will be amendment #1 of 2 amendments. The first amendment is for the site work and long-lead items (detention grade hardware and doors), and the second amendment that will be developed later will be for the jail construction. We are breaking down into two phases so that notice-to proceed can be given to CMGC to begin site work immediately while awaiting a building permit and bidding for the jail construction phase. Background & History: Agreement Starting Date: 18/19/1 ~ Ending Date: 19/1/1~ Annual Value or Total Payment: $1 ,335,4581 ~ Insurance Certificate Receiied (CieCk box) Insurance Expiration Date: Check all that apply: ~ RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? ~ Yes o No If No, has budget amendment been submitted? 0 Yes o No Is this a Grant Agreement providing revenue to the County? 0 Yes 0 No 8/12/2013 Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: Phone #: '---------' Departmental Contact and Title: Susan Ross Phone #: 541 :::::nt Director Approval: _-c~__________ Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one): D BOCC D Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____) Legal Review Date Document Number 201"8"'" 4w ? 8/12/2013 Document A133™ -2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) Deschutes County Jail Expansion 2013 THE OWNER: (Name, legal status and address) Deschutes County Property & Facilities Department 14 NWKeamey Bend, OR 97701 THE CONSTRUCTION MANAGER: (Name, legal status and address) Kirby Nagelhout Construction Company 20635 Brinson Boulevard Bend, OR 97701 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 5.2.1 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 7.1 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed One Million Three Hundred Thirty-five Thousand Four Hundred Fifty-eight Dollars and Zero Cents ($ 1,335,458.00), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reforence an attachment.) See Attachment "A", Bid Package #1 Summary § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. lfthe Contract Documents permit the Owner to accept other altenwtes subsequent to the execution ofthis Amendment, attach a schedule ofsuch other alternates showing the amount for each and the date when the amount expires.) None ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the Original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Ef=:e1.,~f,f?~ General Conditions of the Contract for Construction. is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AlA Document A133 T1• -2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA®Inlt. Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document. or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 07:41 :45 on 08114/2013 under Order No.9458707451_1 which expires on 01/1312014, and is not for resale. User Notes: (1665749041) 1 § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify allowance and state exclusions, ifany, from the allowance price.) (Table deleted) See Attachment "A" § A.1.1.5 Assumptions, ifany, on which the Guaranteed Maximum Price is based: nla § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here. or refor to an exhibit attached to this Agreement.) Title of Specifications exhibit: Attchment B Section Title Date Pages § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Attachment B Number Title Date § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here. or refer to an exhibit attached to this Agreement.) None ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: The Construction Manager shall achieve Substantial Completion of the entire Work not later than July 15,2014. DATED this __Day of ______2013. ~2- BOARD OF COUNTY COMMISSIONERS CONSTRUCTION MANAGER (Signature) OF DESCHUTES COUNTY, OREGON M~C~kiLDJ<: VIa:. ~D!i:V1 (Pn'nted name and title) TAMMY BANEY, Vice Chair ANTHONY DEBONE, Commissioner ATTEST: Recording Secretary AlA Document A133™ -2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 07:41:45 on 08114/2013 under Order No.9458707451_1 which expires on 01/13/2014, and is not for resale. User Notes: (1665749041) 2 A++(?C'£"lVI/1l'{-1;f Pr DeSChutes County Jail -Bid Package # 1 Summary C =:J Tuesday , August 6, 2013 Bid Cost Code 01000 01003 01010 01400 001 020500 002 033000 003 047000 004 051200 005 051200 006 051200 007 052100 008 055000 009 055000 low Descriplion SublSupplier General Conditions KNCC Builders Risk Insurance KNCC Building Permits Allowance Special Inspections and Testing (014001 .06) By Owner Utility Investigation KNCC Survey Povey & Associates Earthwork & Utilities Latham Excavation Baserock for Asphalt Paving 7 Peaks Paving Asphalt Paving 7 Peaks Paving Concrete Paving JKD Construction Chain Unk Fences &Gates Mike's Fence Center Planting & Irrigation Mountain Sky Asphalt Striping, Wheel Stops , & Sig nage Western Protective Hollow Metal Doors &Frames (supply &install) Tri-Star Bollards (supply &install) KNCC Parking Lot Site Lighting Conduit (supply & insta ll) Budget Understab Electrical Trenching Allowance Handrails (fabricate , supply , & install) Budget Top Soil Allowance Demo light Pole Bases &Wire Allowance Subtotals $ Contingency 5% $ Subtotal $ GL Insurance 1.00 % $ Subtotal $ Pr ofit &Overhead 2.5% $ Subtotal $ P & P Bond .75% $ Total $ Bid Package 1 50%CO (Over)lUnder Base Bid Estimate Difference Notes 151 ,634 134,000 -17,634 0 0 0 9,500 -9,500 8,750 11 ,278 2,528 290 ,860 333,154 42 ,294 37,435 57 ,670 20 ,235 53 ,235 99,412 46 ,177 39 ,583 59 ,3 17 19,734 98,982 94 ,8 95 -4 ,087 34,735 90,449 55,714 3,256 6,665 3,409 470 ,77 0 484 ,000 13,230 1,960 900 -1,060 3,200 0 -3 ,200 3,000 -3,00 0 2,713 -2,7 13 6,300 -6 ,300 3,500 -3 ,500 1,219,413 .00 $ 1,371,739 .65 $ 152 ,3 26 .65 60,970 .65 $ 68 ,586 .98 $ 7,616 .33 1,280,383 .65 $ 1,440 ,3 26 .63 $ 159 ,942 .98 12 ,803.84 $ 14,403 .27 $ 1 599.43 1,293 ,187.49 $ 1 454 ,729 .90 $ 161 ,542.41 32 ,329 .69 $ 36,368 .25 $ 4,038 .56 1,325,517.17 $ 1,491 ,098 .15 $ 165 ,580 .97 9,941.38 $ 11 ,183.24 $ 1,241 .86 1 335,458 .55 $ 1,502 ,281.38 $ 166 ,822 .83 --- BP .OO l $ 1,335 ,458 .55 BP.002 Total $ 1,335,458.55 Budget $ 1 ,502,281.38 Under/lOver) $ 166,822.83 DC Jail Housing Addition-Drawing List G001 COVER SHEET G002 DRAWING INDEX, ABBREVIATIONS &LEGENDS G003 FIRE AND LIFE SAFETY· OCCUPANCY· EXITING G004 FIRE AND LIFE SAFETY· BUILDING ELEMENTS G005 SECURITY DIAGRAMS GOoa ASSEMBLY TYPES G007 UL LISTED PENETRATIONS GOOS CODE SUMMARY C101 EXISTING CONDITIONS C201 DEMOLITION PLAN C202 EROSION CONTROL PLAN C301 PAVING PLAN C401 GRADING & DRAINAGE PLAN C501 UTILITY PLAN C502 SANITARY SEWER PLAN & PROFILES ca01 GRADING &PAVING DETAILS ca02 UTILITY DETAILS L1.0 LANDSCAPE PLAN L2.0 PLANTING DETAILS L3.0 SUPPLEMENTAL INFORMATION: AS-BUILT IRRIGATION PLAN A101 OVERALL SITE PLAN A102 ENLARGED SITE PLAN A103 SITE DETAILS A201 FLOOR PLAN· LEVEL 1 A202 FLOOR PLAN· MEZZANINE &LEVEL 2 A203 ROOF PLAN A210 ENLARGED PLANS· LEVEL 1 A211 ENLARGED PLANS· LEVEL 1 A212 ENLARGED PLANS· LEVEL 2 A213 STAIR PLANS & SECTIONS A301 BUILDING SECTIONS A310 WALL SECTIONS A311 WALL SECTIONS A401 EXTERIOR ELEVATIONS A501 INTERIOR ELEVATIONS A502 INTERIOR ELEVATIONS F)\.,"". A601 REFLECTED CEILING PLAN-LEVEL 1 A602 REFLECTED CEILING PLAN-MEZZANINE & LEVEL 2 A701 EXTERIOR DETAILS A702 INTERIOR DETAILS A703 INTERIOR DETAILS A704 DOOR & WINDOW DETAILS A705 MISCELLANEOUS DETAILS A801 DOOR & FRAME SCHEDULE A802 DOOR & FRAME SCHEDULE A803 WINDOW SCHEDULE A901 ROOM FINISH SCHEDULE A902 FLOOR STRIPING PLAN S001 COVER SHEET S002 GENERAL STRUCTURAL NOTES S003 SPECIAL INSPECTIONS & SCHEDULES S201 FOUNDATION PLAN S202 MEZZANINE FRAMING PLAN S203 SECOND LEVEL FRAMING PLAN S204 ROOF FRAMING PLAN S501 FOUNDATION DETAILS S502 FOUNDATION DETAILS S601 FRAMING DETAILS S602 FRAMING DETAILS S603 FRAMING DETAILS M001 SYMBOL LIST AND GENERAL NOTES-HVAC M201 FLOOR PLAN-LEVEL 1-HVAC M202 FLOOR PLAN-MEZZANINE-HVAC M203 FLOOR PLAN· LEVEL 2· HVAC M204 ROOF PLAN-HVAC M501 DETAILS-HVAC E001 SYMBOL LIST AND GENERAL NOTES-ELECTRICAL E002 LUMINAIRE SCHEDULE-ELECTRICAL E003 ONE·LlNE DIAGRAM-ELECTRICAL ED101 DEMOLITION SITE PLAN-ELECTRICAL E101 SITE PLAN -ELECTRICAL E201 FLOOR PLAN-LEVEL 1-LIGHTING E202 FLOOR PLAN-MEZZANINE· LIGHTING E203 FLOOR PLAN· LEVEL 2· LIGHTING E301 FLOOR PLAN· LEVEL 1-POWER/SIGNAL E302 FLOOR PLAN· MEZZANINE· POWER/SIGNAL E303 FLOOR PLAN· LEVEL 2· POWER/SIGNAL E304 FLOOR PLAN· ROOF· POWER/SIGNAL E401 ENLARGED PLANS-ELECTRICAL E501 DETAILS· ELECTRICAL E601 SCHEDULES· ELECTRICAL E602 SCHEDULES-ELECTRICAL P001 SYMBOL LIST AND GENERAL NOTES· PLUMBING P002 SCHEDULES/CALCULATIONS· PLUMBING P101 SITE PLAN-PLUMBING P201 FLOOR PLAN· LEVEL 1· PLUMBING P202 FLOOR PLAN· MEZZANINE· PLUMBING P203 FLOOR PLAN-LEVEL 2· PLUMBING P204 ROOF PLAN· PLUMBING P501 DETAILS· PLUMBING P502 DETAILS· PLUMBING ESO.01 SECURITY LEGEND SHEET ESO.02 SITE PLAN SECURITY ES2.01 NEW HOUSING UNIT FLOOR PLAN -LEVEL 1 -SECURITY ES2.02 NEW HOUSING UNIT FLOOR PLAN -MEZZANINE LEVEL -SECURITY ES2.03 NEW HOUSING UNIT ROOF & LEVEL 2 PLANS -SECURITY ES2.04 NEW HOUSING UNIT ENLARGED FLOOR PLANS &ELEVATIONS· SECURITY ES3.01 CCTV DETAILS AND SCHEDULES ES3.02 CCTV CAMERA VIEWS ES3.03 CCTVCAMERAVIEWS ES3.04 CCTV CAMERA & INTERCOM SYSTEM DIAGRAM· BASE BID ES3.05 INTERCOM SYSTEM DIAGRAM -ALTERNATE BIDS ES3.06 CCTV CAMERA SYSTEM DIAGRAM -ALTERNATE BIDS ES4.01 PLCITOUCH SCREEN SYSTEM DIAGRAM -EXISTING & BASE BID ES4.02 SECURITY DIAGRAMS & PLCITOUCH SCREEN DIAGRAM -ALTERNATE BIDS ES5.01 TOUCH SCREEN DETAILS ES5.02 TOUCH SCREEN DETAILS ES5.03 TOUCH SCREEN DETAILS ES5.04 TOUCH SCREEN DETAILS ES5.05 TOUCH SCREEN DETAILS ES5.06 TOUCH SCREEN DETAILS ES5.07 TOUCH SCREEN DETAILS DC Jail Housing Addition-Specification List 000020 Project Directory 003132 Geotechnical Data 007200 General Conditions 01 1000 Summary 0121 00 Allowances 012600 Contract Modification Procedures 012900 Payment Procedures 01 31 00 Project Management and Coordination 013200 Construction Progress Documentation 01 3233 Photographic Documentation 013300 Submittal Procedures 014000 Quality Requirements 014300 Mock-Ups 01 5000 Temporary Facilities and Controls 016000 Product Requirements 016300 Substitution Request Form 016400 Owner-Furnished Products 017300 Execution 01 7329 Cutting and Patching 017700 Closeout Procedures 017823 Operation and Maintenance Data 017839 Project Record Documents 017900 Demonstration and Training 0241 19 Selective Structure Demolition 030500 Concrete Floor Sealer 033000 Cast-In-Place Concrete 04 05 03 Mortaring and Grouting 042000 Unit Masonry 050553 Security Metal Fastenings 050563 Security Bars 051200 Structural Steel Framing 053100 Steel Decking 054000 Cold-Formed Metal Framing 055000 055050 0551 00 0551 33 0641 00 071352 071900 072100 072216 072623 075423 076200 076526 077233 078116 078400 079200 079219 079223 079500 08 11 13 08 11 13.19 083113 083113.53 08 51 23.19 08 63 00 0871 00 088000 0922 16 09 22 26.23 09 29 00 0951 13 09 51 23 095323 095753 096143 096513 Metal Fabrications Steel Block and Accessories Metal Stairs Metal Ladders Architectural Wood Casework Modified Bituminous Sheet Waterproofing Water Repellents Thermal Insulation Roof Board Insulation Below-Grade Vapor Retarders Thermoplastlc-Polyolefin Roofing Sheet Metal Flashing and Trim Self-Adhering Sheet Flashing Roof Hatches Cementitious Fireproofing Firestopping Joint Sealants Acoustical Joint Sealants Security Sealants Expansion Control Hollow Metal Doors and Frames Detention Metal Doors and Frames Access Doors and Frames Security Access Doors and Frames Steel Detention Windows Metal-Framed Skylights Door Hardware Glazing Non-Structural Metal Framing Metal Suspension Systems Gypsum Board Acoustical Panel Ceilings Acoustical Wall and Ceiling Tile Metal Acoustical Ceiling Suspension Assemblies Security Ceiling Assemblies Water Vapor Emission Control Systems Resilient Base and Accessories 096516 096713 096726 096813 0981 00 099100 099623 099656 099713 101400 102600 102813 10 44 00 10 82 13.19 109999 111900 111919 111920 11 31 00 1221 23 210000 21 0500 21 1200 21 1300 220000 220513 220516 220519 220523 220529 220548 220553 220700 221000 221113 221313 223000 Resilient Sheet Flooring elastomeric Liquid Flooring Urethane Flooring System Tile Carpeting Acoustic Insulation Painting Graffiti·Resistant Coatings epoxy Coatings Steel Coatings Signage Wan and Door Protection Toilet Accessories Fire Protection Specialties exterior Vertical Security Screens Miscellaneous Specialties General Requirements for Detention equipment Miscellaneous Detention equipment Security Hardware Residential Appliances RolI·Down Blinds Fire Suppression Basic Requirements Common Work Results for Fire Suppression Fire Suppression Standpipes Fire Suppression Sprinkler Systems Plumbing Basic Requirements Common Motor Requirements for Plumbing equipment expansion Fittings and Loops for Plumbing Piping Plumbing Devices General-Duty Valves for Plumbing Piping Hangers and Supports for Plumbing Piping and equipment Vibration and Seismic Controls for Plumbing Piping and equipment Identification for Plumbing Piping and equipment Plumbing Insulation Plumbing Piping Facility Water Distribution Piping Facility Sanitary Sewers Plumbing equipment r:Xhi"",t ....... ......'. '.' 224000 230000 230529 230548 230553 230593 230700 230933 2311 23 232300 233100 233300 233400 233700 237400 238126 260000 260509 260519 260526 260529 260533 260534 260536 260553 260573 260920 260923 262413 262416 262713 262726 262800 262816 263214 263353 263600 Plumbing Fixtures Heating, Ventilating and Air Conditioning (HVAC) Basic Requirements Hangers and Supports for HVAC Piping, Ductwork and Equipment Vibration and Seismic Controls for HVAC Equipment Identification for HVAC Piping, Ductwork and Equipment Testing, Adjusting. and Balancing for HVAC HVAC Insulation Electric and Electronic Control System for HVAC Facility Fuel -Natural Gas Piping and Systems Refrigerant Piping HVAC Ducts and Casings Air Duct Accessories HVAC Fans Air Outlets and Inlets Rooftop Packaged Energy Recovery Units Small Split System and Unitary HVAC Equipment Electrical Basic Requirements Equipment Wiring Low-Voltage Electrical Power Conductors and Cables Grounding and Bonding for Electrical Systems Hangers and Supports for Electrical Systems and Equipment Raceways Boxes Cable Trays for Electrical Systems Identification for Electrical Systems Electrical Distribution System Studies Lighting Relay Control Panel Occupancy Sensors Switchboards Panelboards Electrical Metering Wiring Devices Overcurrent Protective Devices Enclosed Switches and Circuit Breakers Gas Fired Engine Generators Static Uninterruptlble Power Supply Transfer Switches tXhibit . 264113 Lightning Protection for Structures 264300 Surge Protective Devices 2651 00 Lighting 270000 Communications Basic Requirements 270528 Pathways for Communications Systems 27 11 16 Communications for Cabinets. Racks, Frames. and Enclosures 271500 Communications Horizontal Cabling 2751 53.63 Detention Intercommunications and Program Systems, Relay Based 2751 53.73 Detention Intercommunications and Program Systems, Microprocessor Based 280000 Electronic Safety and Security 28 00 01 Electronic Safety Basic Requirements 280553 Identification for Electronic Safety and Security 280620 Schedules for Electronic Monitoring and Control 281300 Access Control 281613 Touch Screen (GUI) System 282300 Video Surveillance Systems. IP 2831 00 Fire Detection and Alarm 284619 PLC Detention Monitoring and Control Systems 311000 Site Clearing 312000 Earth Moving 32 12 16 Asphalt Paving 321313 Concrete Paving 3231 13 Chain Link Fences and Gates 3231 19 Hydraulic Vertical Pivot Gate 328400 Planting and Irrigation 334100 Storm Drainage Piping 412200 Cranes and Hoists DC Jail Parking Lot Expansion-Drawing List G001 COVER SHEET. DRAWING INDEX. ABBREVIATIONS & LEGENDS C101 EXISTING CONDITIONS PLAN C201 DEMOLITION PLAN C202 EROSION &SEDIMENT CONTROL PLAN C301 PAVING PLAN C401 GRADING & DRAINAGE PLAN C501 DETAILS L1.0 LANDSCAPE PLAN t;:~nO:" S L2.0 L3.0 L4.0 A101 A102 E001 E101 E102 PLANTING DETAILS IRRIGATION PLAN IRRIGATION DETAILS OVERALL SITE PLAN ENLARGED SITE PLAN ELECTRICAL COVER SHEET SITE PLAN· ELECTRICAL PHOTOMETRIC PLAN Bond No. 929573301 .AIA Document A312™ -2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Kirby Nagelhout Construction Co, ofbusiness) Western Surety Company20635 Brinson Blvd, This document has important legal 12909 SW 68th Parkway, #200Bend, OR 97701 consequences. Consultation with Portland, OR 97223 an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification . Deschutes County, Property & Facilities Department Any Singular reference to 14 NW Kearney Contractor, Surety, Owner or Bend, OR 97701 other party shall be considered plural where applicable . CONSTRUCTION CONTRACT AlA Document A312-20tODate: August 19, 2013 combines two separate bonds, a Performance Bond and a Amount: One Million Three Hundred Thirty Five Thousand Four Hundred Payment Bond, Into one form . Fifty Eight & No/l00---($ 1,335,458.00) Dollars This is not a single combined Description : Deschutes County Jail Expansion 2013 Performance and Payment Bond . (Name and location) 63333 Hwy 20 W Bend, OR 97701 BOND Date: August 19, 2013 (Not earlier than Construction Contracl Date) Amount: One Million Three Hundred Thirty Five Thousand Four Hundred Fifty Eight & Noll 00---($1,335,458.00) Dollars Modifications to this Bond: [?:l None o See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company : (Corporate Seal) Kirby Nagelhout Construction Co. Western SU~y Comparyr Signatur~Z---Signature: _ 1JNAJ.. ')1M.MA~ Name Miciiij'iC._ LA'h..,,~~ Name GI ria Bruning 2::} and Title : ""c€'-" ~~ and Title: Attorney-In-fact (Any additional signatures appear on Ihe last page ofthis Performance Bond.) (FOR INFORMATIO N ONLY -Name, address and lelephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Anchor Insurance & Surety, Inc . (Architect, Engineer or olher parry:) 1201 SW 12th Ave., #500 Portland, OR 97205 503-224-2500 AlA Document A312'" -2010. The American Ins1ilute of Architects. 06111(1Init. 1 § 1 The Contractor and Surety,jointly and severally, bind themselves, their heirs. executors. administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract. the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice. request such a conference. Ifthe Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance ofthe Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surely's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: ., After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AlA Document A312'" -2010. The American Instilute of Architects.Init 2 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 81fthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators. successors and assigns. § 10 The Surety hereby waives notice of any change, including changes oftime, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration ofContractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. Ifthe provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor. which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived. to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AlA Document 11.312"'" -2010. The Amencan Institute of Architects.Init. 3 § 16 Modifications to this bond are as follows: (Space is provided below for addilional signatures ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: ;:..;N,!C/A:....:-___________ Signature: .:.;N:J,./::..:A'--___________ Name and Title: Name and Title: Address Address CAUTION: You should slg" an original AlA Contract Document, on which this text appears in RED. An original assures that change$ will not be obscured. AlA Document A312."" -2010. The American Institute of Arcllilects.Inlt 4 Bond No. 929573301 _AlA Document A312™ -2010 Payment Bond CONTRACTOR: SURETY: (Name , legal stalus and address) (Name, legal slat us and principal place Kirby Nagelhout Construction Co. ofbusiness) 20635 Brinson Blvd. Western Surety Company This document has important legat Bend, OR 97701 12909 SW 68th Parkway, #200 consequences . Consultation with Portland , OR 97223 an attorney is encouraged with OWNER : respect to its completion or (Name, legal status and address) modification . Deschutes County, Property & Facilities Department Any singular reference to 14 NW Kearney Contractor, Surety , Owner or Bend, OR 97701 other party shall be considered plural where applicable . CONSTRUCTION CONTRACT AlA Document A312-2010 Date: August 19, 2013 combines two separate bonds. a Performance Bond and a Amount: One Million Three Hundred Thirty f ive Thousand four Hundred Fifty Payment Bond , into one form . Eight & Noll 00---($1 ,335,458.00) Dollars This is not a single combined Description: Deschutes County Jail Expansion 2013 Perfonnance and Payment Bond. (Name and lo cation) 63333 Hwy 20 W Bend, OR 97701 BOND Date : August 19 , 2013 (Not earlier than Constru ction Contract Date) Amount: One Million Three Hundred Thirty Five Thousand Four Hundred Fifty Eight & Noll 00---($1 ,335,458 .00) Dollars Modifications to this Bond: ~ None o See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company : (Corporate Seal) Company : (Corporate S eal) ';,by Nagelh ~~c"an Co. We"e .. 'u<ely Company S;'"""'~Z 51,""",, ~tUit6!'1M1l11 'u, ~ Name M\~C.=t'A"-fLoIt-Name IOfi08runlng -C and Title : VtCl£. _ ~~c:;EN'--and T i tle : AHorney-in-fact (Any additional signatures appear on the last pag e o/this Payment Bond) (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER : OWNER'S REPRESENTATIVE: (Archite ct, Engineer or other party:) Anchor Insurance & Surety, Inc. 1201 SW 12th Ave ., #500 Portland, OR 97205 503-224-2500 AlA Document A312 '· -2010. The American Institute of Architects. 015 '11 0 In It. 5 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seek.ing payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 (fthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense ofsuch claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnifY and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 (f a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfY a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Payor arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount ofthis Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance ofthe Construction Contract and to satisfy claims, ifany, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AlA Dol:ument 11.312'" -2010. The Americen Insmule of Architec;ts.Init. 6 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration ofone year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (l) or (2) first occurs. Ifthe provisions ofthis Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work ofthe Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AlA Document A312'" -2010. The American INltitute of ArcN\ects.Inil 7 , . § 16.4 Owner Default. Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is prOVided below for additional signatures ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: :...;N,!..;/A:-=--___________ Signature: ::..;N:.c./A:-=--___________ Name and Title: Name and Title: Address Address CAUTION: You should sign an original AlA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AlA Docu...,.nt A312'" -2010. The American Institute of ArcMects. Inlt. 8 I I Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a dul y organized and existing corporation having it s principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of th e signature and seal herein affixed hereby make, constitute and appoint Philip 0 Forker, Ray M Paiement, John D Klump, Gene M Dietzman, James P Dooney, Vicki Mather, Gloria Bruning, Richard W Kowalski, Brent Olson, J Patrick Dooney, Karen A Pierce, Joel Dietzman, Christopher A Reburn, Tami Jones, Individually of Portland. OR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to s ign , seal and execute for a nd on its behalf bonds, undertakings and other obligatory in s truments of simi lar nature -In Unlimited Amounts and to bind it thereby as fully and to the same extent as if s uch instruments were signed by a duly authorized officer of the corporation and a ll the acts of said Attorney. pursuant to th e authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. rn Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be he re to affixed on thi s 2nd day of May, 2013. WESTERN SURETY COMPANY State of South Dakota County of Minnehaha On this 2nd day of May, 2013, before me personally came Paul T . Bruflat, to me known, who, being by me duly s worn , did depose and say : that he resides in the City of Sioux Falls, State of South Dakota ; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the sea l affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2015 CJ.w ~J. Mohr, Notary Public CERTrFICATE I, L. Nelson , Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Auorney hereinabove set forth is still in force , and further certify that the By-Law of the corporation p)jnted on the reverse hereoj,is s till in force . In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1'1-f11 day of I1UqVJ r , J..o 10 WESTERN SURETY COMPANY Form F4280-7-20t2 · . Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. r {~1M-D( ,;-c.if~&.. C rtvdvtt-c:f .. u.pJaJ.u{ evd-.-(:"t eu.-T-e.-v e~?i-eel -ev ~ C~~fy-~~ ~ ACORD' "--CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUEO AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CI!RTIFICATE DOES HOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTnUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR AND THE CERTIFICATE HOLDER. IliSURIO KIrby Nagelhoul Conatructlon Co. 20635 Brinson Blvd. Bend, OR 97701 103184 373 03101/12 03101/12 03101112 03101113 ~~~~===fr==i~~ DESCHUTES COUNTY PROPERTY & FACILITIES DEBORAH COOK PO BOX 8005 '--__--'!~e"'n!!!.d'_"OR 91708.§OOS ACORD 25 (2009/09) CANC.ELLA ON DESCP-1 8HOUt.D Nf'( OF 11i£ ABOVE DESCRIBED POUCII.S Bli CNICIOUIOD BEfORE lltlO EXPIRATION DA1I5 1lI1OR1OOF. NOTICI! WR.L BE DEliVERED IN ACCORDANCE wrrH THE POlICV PROVISIONS. AUTHDRIZIiD REPRli8EMTATMI /l~~-----~--~------~~~~~~~~~----~ Cl1988·200Q ACORD CORPORATION. All rights res.Mld. The ACORD name and logo are registered marks of ACORD ! • KIRBY NAGELHOUT CONSTRUCTION 00. G·140331oCerNA 301110318" (Ed. 10110) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDl"rlONALINSURED • OWNERS, LESSEES OR CONTRACTORS· . WITH PRODUCTS·COMPLETED OPERATIONS COVERAGE Till, encloraomenl modlRealneuranco provided under lhe 10lowlng: COMMERCIAL GENERAL LIABILITY. COVERAGE PART SCHEDULE (OPTIONAL) Name of Addltlonalln'"rod Perlona Or OrganllaUonl CAl required by"Wrltlen contract" par Paragraph A. below.) '--------------------------_._------_. Location. of Covored Opel'lUona (AI per lhe "wrltlen conl~.ct,M provided the locallon Ie v.4Ihbl the Meowrage terrllory" or thla Coverage Pert.) A. Section II· Who I, An lnaured I. amended to Include 88 an addlUonallneured: 1. Any peraon or organization whom you are l'8CIufred by '\¥rlOen eontraer' to add as An addItionallll8Ul'ed on \hie Coverage Pari; and 2. T1le ..acuJar pereon or organlzaUon, Ir any. echtdultd above. l B. The Ina\R'8l1(l8 ptOvtded to the eddItIonal In.ured 18 II rotted 08 foIloWB: . 1.' The person or OIlIanlzaUon II an additional Insured only With rt8ptct ~ liability ror "bodily Inlury,· "prof)erty damage." or lIperaonel end adv8it1alng tnJulY" Mused 1n whole or k\ parl by: •• Your acls or omlaelona: or .b. Tile act. or omr..lona of thole lctlng on your behal ·1 In the performance of yow ongoing operatlone epecIned In the '\willen con11'8tt"i or - o. "Your work" lhal 18 apedned In the ""'lien conIract" but only for "bodilY ~ury" orE! = ·property danlage" Inoluded In the "proc!uo18· completed operatlona hazard,· and only tr:• (1) Tha "written contract" requlres'you toII I provkle the addlilonal Ineured auch coverage: and (2) Thla COverage Part provldea eUGh coverage. 2. We will not provIde'the addlUonai lneurad any broader coverage or any higher limIt or l118ul'8nte than the leaelthat 18: II. RequAd by the "Wtllten contracl·: b. Deacrlbed In B.1. above: or . o. Afforded to you under IhIs policy. S. This 1n8\lfll\C8 " axce.. or all o1het /nIUrance available to the addIUon1l1 lnIurec:I whether on a prtrnllfY, excell, conttngent or any other balls. But If required by the -written conlllc~• IhIa Insurance win be prtmary and non-conlllbulory relaUve to Insurance on which the addlllOMl Insured Is a Named In8\J18cL 4. The Insurance provklod to U" addillonal·lhauted don no1 apply to .bodIy Injury: ""property dam.," or ttpeteonal and advertlalng InJury arfel~out or: '. a. The rand8llng of. or '"failure to render, IIny prof_lonal an:hHactural. engln88~ng, or 8urwylng eeMote; Inclucllnf. (1) The pnprlng, approving, or failing to prepare or approve mapa, ahop ckawIn(fs, opinIon., reports ••urveye. hid order8, change orders or dl'8\Ylngs and eped1lcallona: and . (2) Supervlaoly, lnapeoUon, 8RlhilsclUrat or angtneering IIOtIvlUes: or 0·140331·0 lnckIdea copyrWlled m.../W at IMIft..alNlcet OIIoe, mo., willi. ptrtnIllfon Page 1 0(2 (Ed. 10110) .. G-140331"() (Ed. 1(110) b. Arrt premlaea or work for wHch tha addlilonal W. haVe no eMy to d.rend or indemnifY an Insured It epecIIIoally Daled II an addlllonal Iddllionalinaured under lhIa endoraement 1.11'11" we Ineured on anoller andoreemenl atlached 10 receive rrom Ihe uddAlonallnaured wrllten notice this Coverage Part. of Q oIalm or "&ult." C. 8eCTION IV -COMMERCIAL GENERAL LIABILlTV 2. Wllh r.apecl only 10 Ihelnaurance provided by IhIa , CONDITIONS It amended aa follows: endor..man~ Ihe tJraf eenlence of Paraweph 4.a. of the OI1\er Inauranee Condition It doleled and1. Tha Dullea In The !wi'll of OOourrenoe, replaced WIth tile foUowIng: ' Offenee, Claim or Suit condition ,••mended to add the following edcllUonaJ concUllona applicable 4. other Ihlur.nee 10 Ihe addIUonal fnlured: a. Primary InBuranoe An addlUone' Inawed under thle endor89ment will ThIs InIUI'Gnce Ia p~m8IY and nonat 800n i8 praolloable: conldbUlory except when rendered (1) Give UB written noUce of an "occurrence" or elCC8l8 by endorlement G-1ot1033,1.C, or an offen.. which may mull In a claim or when Paragraph b. belowappllea. "a1M' under ilia InlUrance, end of any dolm D. Only for tho purpose of U18 Inuince ~8d by IhIeor "euR" thai doee ""IJI: endoraemen~ SECTION V -DEFINITIONS la (2) Excepl.e ~ed In Paragraph B.~ of Ihla emended to add the roDowIng dtlnlUon: endoreenltnl, agrat to make available any "WrIlten oontlacl" means a wrlUen oonlraot or wdttonothllr lnIurallC8 1he addliionalinaurtd 1'ItI~ for agreement Ihat l&qUl"" YOll to make a pareon oraIoIe we cover under" Covertgt Perij organization an addlilonal Inuecl on thIt COVerage (3) Send U8 coplas of all legal papera recal¥ed, Part, provided Ihe conlract or agreemenl: and otherwlee cooptl'8la wllh ue In the 1. 18 currentlY In effeot or beoomoe 01fGcttve during1n'le88goUon. defenae. or aetllel\'lant of the Uta term ol We l)OIIcy: andclaim or ....lR"i and 2. Wal exeoulod prior 10:(4) Tendtr \ha defense and Indennty of any olalm or ''eulr to any other Ineuror or aoIf a. Tho "bodily 1nJuty" or "proplfly damage"; or,lneurar \vhoee poJc7I or program app/1ea to a 1088 we 00V8I' W1det OIIe Coveraae Part. Bul • b The offen" thai caund the wpereonal ahd advertlalng Injury"If Ute "WrItten conlraot-requIraa !hit Insurance to bo pr~l8ry and non-oonlrlbuto,y, Ihla for which the addftlonal !named aeeIoe coverageprovlalon (4) do.. 1'101 apply 10 lnaurance on under tala Coverage Palt, which the ackItIonal lnaurtd Ie a Named InlUrad. G·1<40331..Q Page2ot2 (Ed. 10(10) ' AlA Document A133" -2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Nam e and address or location) Deschutes County Jail Expansion 2013 THE OWNER: (Name , legal status and address) Deschutes County Property & Facilities Department 14 NW Kearney Bend, OR 97701 THE CONSTRUCTION MANAGER: (Nam e, legal status and address) Kirby Nagelhout Construction Company 20635 Brinson Boulevard Bend , OR 97701 ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 5.2.1 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 7 .1 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed One Million Three Hundred Thirty-five Thousand Four Hundred Fifty-eight Dollars and Zero Cents ($ 1,335,458.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement ofthe Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Con s truction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide belolV or ref erenc e an allachment.) See Attachment "A", Bid Package #1 Summary § A.1.1.3 The Guaranteed Maximum Price is based on the foHowing alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccept ed alt e rnat es . Ifth e Contra ct Docum ents p ermit the Own e r to accept other alternates subsequent to the exec ution ofthis Ame ndme nt . attach a schedule ofsuch other alte rnate s showing th e amount for each and the date when the amount expires.) None ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion . The author may also have revised the text of the original AlA standard form . An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences . Consultation with an attorney is encouraged with respect to its completion or modification . "ii11t~imfem~M1~ General Conditions of the Contract for Construction. is adopted in this document by reference. Do not use with other general conditions unless this document is modified . AlA Document A133'· -2009 Exhibit A. Copyright ~ 199 1. 200 3 and 2009 by The American Inslitute of Archilects. All rights reserved . WARNING : This AlA" Init. Document i s protected by U.S. Copyright Law and IntemaUonal Treaties . Unauthorized reproduction or d l stributlon of this AlAe Document. or any portion of It . may result i n severe civil and criminal penaltles, and will be pro!;ecuted 10 the max Imum extent possible under the law. This documer~was produced by AlA software at 07:41 :45 on 08/1 4/2013 under Order No .9458707451_1 wh ich expires on 01/13/2014 , and is not for resale . User Notes : (1665749041) DC -2013 1 § A.1.1.4 Allowances included in the Guaranteed Maximum Price, ifany: (Idelll(/j i allowance and slale exclusions , ifany, from Ihe allowance price) (Tabl e del eted) See Attachment "A" § A.1.1.5 Assumptions, ifany, on which the Guaranteed Maximwn Price is based : n/a § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here. or refer to an exhibit attach ed to this Agreement) Title of Specifications exhibit: Attchment B Section Title Date Pages § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Eitlter list the Drawings here. or refer to an exhibit attached 10 this Agreement) Title of Drawings exhibit : Attachment B Number Title Date § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any otlter documents or illfonnation here, or refer to an exhibit attached to Ihis Agreement) None ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: The Construction Manager shall achieve Substantial Completion of the entire Work not later than July 15,2014. I _~~____~~ _______________ MICJ.ff>.EL C. --rA'4Lt>fL-\f l ex. ~~,.-- (Printed name and title) AlA Document A133 f M -2009 Exhibit A. Copyright © 1991 , 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA" Init. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA-Document. or any portion of It, may result In severe cfvll and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 07 :41:45 on 08/14/2013 under Order No.9458707451_1 wh ich expires on 01/13/2014 . and is not for resale . User Notes: (1665749041) 2