Lafayette Manor RFP Final with Exhibits 08-31-2021.PDF

Lafayette Manor

719 E Catherine Street

Darlington, Wisconsin

Request for Proposal:

Construction Manager as Constructor

September 1, 2021

Proposals Due September 20, 2021

Interviews (if needed) September 22 – October 5, 2021

CM Selection Estimated by October 18, 2021

Request For Proposal: Construction Manager as Adviser Services

I. Proposal Summary

Lafayette County, WI d/b/a Lafayette Manor (LM) is soliciting proposals to provide Pre-

Construction and Construction Management as Constructor (CMc) services for their new long-term care and short-term rehabilitation services facility. The subcontractors for this

Project shall be chosen by LM based on competitive bidding using the lowest responsible bidder process to make its selection. The selected CMc will not self-perform any work. These services will be delivered in a collaborative environment with LM and the design team.

The selected CMc will contract directly with Lafayette County.

II. Project Description

1. Site Location

The intersection of WI State Hwy 23 and WI County Hwy K

Darlington, WI 53530 (the

“Property”)

2. Project Size

A long term care and short-term rehabilitation services facility (“Manor”) of approximately 70,723 SF with residential areas with approximately 50 skilled nursing beds, 18 assisted living beds, 12 memory care beds, Skilled Nursing and Sub-Acute rehabilitation services, household community areas, campus support facilities, Physical Therapy/Occupational Therapy space, a campus culinary service area and administrative offices.

This project will be utilizing LM funds and USDA financing and will be subject to obtaining adequate USDA financing and closing the purchase of the Property.

3. Lafayette Hospital Project

Another project, the Lafayette Hospital Project, will be designed and constructed on the Property at the same time as the Project. Whether or not the Construction Manager is also constructing Lafayette

Hospital, the CMc shall cooperate and coordinate its activities with the architect and CMc of the

Lafayette Hospital Project to avoid scheduling conflicts, inefficiencies and extra costs that may arise from a failure to do so. The CMc may present a proposal to provide construction manager as constructor services for both projects and provide a combined proposal that demonstrates the savings the County will realize if that CMc is selected for both projects. The Lafayette Hospital Project will be utilizing County funds and USDA financing and will be subject to obtaining adequate USDA financing and to closing the purchase of the Property. Depending on the financing, either one or the other Project may be built, both may be built or neither will be built.

4. Preliminary Project Schedule (tentative & subject to change)

USDA Financing Approval September, 2021

Design October 2021 – October 2022

Construction October 2022 – March 2024

Occupancy March 2024

III. Overview of Construction Manager as Constructor (CMc) Responsibilities

The responsibilities of the CMc are identified in the revised A133-2019 Standard Contract of

Owner/Construction Manager as Constructor-Cost of the Work plus Fee with GMP, with exhibits, including the A201-2017, General Conditions and attached as Exhibit A. The bidder should review the A133-2019 to determine the scope of services and business terms that apply to this Project. LM seeks to engage a CMc to participate in the pre-construction & construction of the new skilling nursing facility, and to contract with Lafayette County.

As an overview, the CMc will provide preliminary cost estimating, project scheduling and construct-ability review services during the pre-construction phase. It is anticipated that the

CMc will assist in value management during the design and materials selection process to achieve alignment between the design and the project budget. The CMc will develop and maintain a critical path schedule for the projects. The schedule will incorporate high-level activities for owner scopes of work associated with the new facility, including but not limited to

FF&E. The CMc will update the schedules as required. The CMc will assist LM in the search and selection of architectural design and engineering firms.

The CMc will attend all design and pre-construction construction meetings, estimated to be every other week, and construction meetings, estimated to occur either once a week if both projects are built or every other week if only one of the projects is built or as needed, through the project duration, with the project team.

CMc will advertise for bids from subcontractors, which shall be selected by the County based on the lowest responsible bidder process.

IV. Selection Criteria

LM has adopted the following criteria to be utilized in the selection of its CMc:

1. Demonstrated ability to work in a collaborative fashion with a project team through the design and construction of a project.

2. Competence in providing pre-construction and construction services, including estimating, scheduling, managing and similar services, on similar (skilled nursing) projects.

3. Demonstrated ability to deliver similar (skilled nursing) projects on time and within budget

– LM may contact contractor’s references to assist in evaluation of contractor’s past performances.

4. Cost of services: Proposed fees/costs for pre-construction and construction services.

5. Financial ability and Safety record

PROPOSAL REQUIREMENTS

In your proposal, please include each of the following items in separate sections in the sequence indicated. Please DO NOT deviate from the outline below.

I. General

1. Letter of Interest/Cover letter summarizing your proposal and your firm’s unique qualifications and ability to meet the stated requirements for this project.

II. Team and Team Experience

1. Provide a profile of your firm including:

Firm ownership

Annual revenue

Percent of annual revenue from health care projects

Bonding capacity

Safety record (past 5 years)

2. Outline your proposed project team for this project, the experience they have in executing similar projects throughout design and construction. Please provide a few references with contact information as well as which team member worked the specific project referenced. Do not provide information on projects which have not been completed by members of your project team.

3. Outline the roles and responsibilities of your project team. Provide the following information for each individual assigned to this project. Identify the individual who would be the primary contact with the Client and the Client Representative.

1. Name

2. Specific responsibilities for this project

3. Availability for this project

4. Identify the other key personnel who will remain with the Hospital Project from the beginning of the Hospital Project until the issuance of the final Application for Payment.

III. Design, Pre-construction and Construction Capabilities

Provide the following with respect to your firm’s/team’s pre-construction and construction capabilities:

1. Project approach that best describes how your team would support the delivery of the work. Specifically address at a minimum the following:

- how you communicate with the entire team and ongoing interaction points

- your communication plan, i.e. how you communicate with the entire team and ongoing interaction points

- review of contractor submittals

- receipt and review of Requests for Information (RFI)

2. Relevant Project Examples (maximum of 3)

Provide no more than three (3) examples of relevant projects completed by your firm and/or team within the past five (5) years that evidences similar project experience with regards to this project.

3. Schedule, Cost Estimates and Construction Management

Describe how your firm develops realistic construction schedules and cost estimates, and your ability to schedule, manage and coordinate activities to construct and perform this type of project. Provide a sample of a project schedule comparable to that which you will be preparing for this project should you be selected to do the work. The sample does not have to be specific to this project and is for reference only.

4. Pre-Construction, Estimating & Cost Management and GMP

Describe how your firm prepares accurate cost estimates/budgets. Provide an example of the construction budget you will be providing at the conclusion of the pre-construction phase and the GMP proposal you will be providing at the end of the bidding phase. This sample does not have to be specific to this project.

5. Special Services/Value

Describe and special services your firm could deploy that would enhance the value your organization brings to this Client’s projects.

6. Alternative Contract Provisions.

Identify any issues you have with the provisions of the attached contracts and propose alternative language.

LM reserves the right to reject any of these changes and if a contract satisfactory to LM cannot be completed

LM will move on to the next bidder.

IV. Fee Propose your fee utilizing the attached “Fee Proposal” form, Attachment A.

V. General Requirements

All questions regarding this RFP should be directed to Heather Spinhirne via email at heather.spinhirne@lafayettecountywi.org Please provide these by 2:00 pm CST on September

15, 2021. All questions will be compiled, and responses will be provided to all interested firms.

Proposal Submittal

Please deliver one e-mailed PDF proposal to Heather Spinhirne at heather.spinhirne@lafayettecountywi.org

Submissions Due: Please provide these by 2:00 pm CST on September 20, 2021.

Selection and Short List Criteria:

Upon receipt of the proposals, the Review Committee shall determine if each submission meets the requirements of this CMc RFP. From those proposals which meet the requirements, the Review

Committee will determine a short list of no more than three (3) firms. Those firms may be invited to participate in an interview.

If it is determined that interviews will be held, the order of the interviews will be determined by the

Manor Committee. The interview will consist of up to a forty (40) minute presentation and a twenty

(20) minute question and answer session. Only personnel who have an active key role in the project should participate in the interview.

LM reserves the right to select the firm whose proposal best satisfies the interest of the manor and not necessarily based on price or any other single factor, provided that in any case, the subcontractors will be chosen using the lowest responsible bidder process.

LM will enter into negotiations with the selected firm. If an acceptable contract structure cannot be achieved, the owner will move to the second firm and so on until an agreement is reached.

Once an agreement is reached with the selected firm, written notice will be provided to the other firms who were not selected.

Lafayette County intends to enter into a contract in revised forms of the form of A133–2019, Standard

Form of Agreement Between Owner and Construction Manager as Constructor- Cost of the Work plus Fee with GMP and A201-2017, General Conditions of the Contract for Construction, Construction

Manager as Constructor.

General Provisions:

1. LM shall not be responsible for any costs associated with preparation of the proposal.

2. Respondents shall be entitled to submit amendments or addendums to their proposal up to the deadline date. Respondents are further entitled to withdraw their proposal prior to the deadline date.

3. To the extent permitted by Wisconsin law, proposals will be kept confidential and available only to agents of LM.

4. Issuance of this RFP does not, by itself, obligate LM to make a selection. LM has the right to reject any and all proposals.

5. LM will not be responsible for any travel or per diem costs incurred by the respondent.

Thank you for your time, effort and participation in our selection process. We look forward to receiving your proposal. Again, all questions regarding this RFP should be directed to Heather Spinhirne.

Enclosures:

1. Exhibit A: Fee Proposal Form

2. Exhibit B- A133-2019

3. Exhibit C- A201-2017 (attached to the A133-2019)

ATTACHMENT A – FEE PROPOSAL FROM CONSTRUCTION MANAGER FOR THE

LAFAYETTE MANOR

1. Hypothetical fact situation upon which fees and costs are based.

a. Assume that the Cost of the Work is approximately $39,000,000. Review the attached A133-2019, with its exhibits, to ascertain all of the business and other terms that may affect your calculation of fees or costs. Some of those terms are as follows:

i. The Project is as described in the A133-2019.

ii. The fixed fee for pre-construction services is $20,000.

iii. The levels and types of insurance are set in A133ExhibitB.

iv. The Construction Manager will not self-perform any Work.

v. Materials, equipment, labor, temporary facilities and the like will be provided by the Subcontractors unless the CM bids such items to single source suppliers because it is more cost-effective and efficient.

vi. The Subcontractors and suppliers will be selected by the County based on the statutory requirements of the lowest responsible bidder after advertisements for bids.

vii. There are no mark ups on any costs.

viii. No separate fee for administrative and supervisory personnel (it’s included in the fee).

ix. The Contingency is set at 5.00% until the GMP Amendment is signed and then is reduced to 3.00% after the GMP Amendment is signed.

x. Retainage is 5.00%.

xi. During Pre-Construction, meeting will be held every other week. During construction, if the Project and the Lafayette Manor Project are built at the same time, meetings shall be weekly and, if only one Project is being built, the every other week.

2. Fees and Costs for the Hospital.

a. The Construction Manager’s Fee is the following percentage of the actual Cost of the Work: _______%.

b. The cost of the payment and performance bond is the following percentage of the actual Cost of the Work: _______%.

c. The cost of the insurance is the following percentage of the actual Cost of the

Work: _______%.

d. Total of the percentages stated in 2(a)-(c): ________%.

3. Fees and Costs if the Construction Manager also bids on the construction of Lafayette Hospital and is awarded both contracts (see the RFP for Lafayette Manor, which may be designed and constructed at the same time as the Hospital and on the same Property).

Please show the savings that would be achieved if the Construction Manager was awarded both contracts.

a. The Construction Manager’s Fee is the following percentage of the actual Cost of the Work: _______%.

b. The cost of the payment and performance bond is the following percentage of the actual Cost of the Work: _______%.

c. The cost of the insurance is the following percentage of the actual Cost of the Work: _______%.

d. Total of the percentages stated in 3(a)-(c): ________%.

36770445_1.DOCX

ATTACHMENT B

AIA

Document A133™ – 2019

Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

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ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

AIA Document A201™–2017, 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.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the _____ day of _________ in the year __________FM (In words, indicate day, month, and year.)

BETWEEN the Owner:

(Name, legal status, address, and other information)

«Lafayette County d/b/a Lafayette Manor A political subdivision of the State of Wisconsin 800 Clay Street Darlington, WI 53530» and the Construction Manager:

(Name, legal status, address, and other information) for the following Project:

(Name, location, and detailed description)

«A new long term care and short-term rehabilitation services facility ("Manor") of approximately 70,723 SF with residential areas with approximately 50 skilled nursing beds, 18 assisted living beds, 12 memory care beds, Skilled Nursing and Sub-Acute rehabilitation services, household community areas, campus support facilities, Physical Therapy/Occupational Therapy space, a campus culinary service area and administrative offices.("Property").»

The Architect:

(Name, legal status, address, and other information)

The Owner and Construction Manager agree as follows.

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

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TABLE OF ARTICLES

1 INITIAL INFORMATION

2 GENERAL PROVISIONS

3 CONSTRUCTION MANAGER’S RESPONSIBILITIES

4 OWNER’S RESPONSIBILITIES

5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES

6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES

7 COST OF THE WORK FOR CONSTRUCTION PHASE

8 DISCOUNTS, REBATES, AND REFUNDS

9 SUBCONTRACTS AND OTHER AGREEMENTS

10 ACCOUNTING RECORDS

11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES

12 DISPUTE RESOLUTION

13 TERMINATION OR SUSPENSION

14 MISCELLANEOUS PROVISIONS

15 SCOPE OF THE AGREEMENT

EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT

EXHIBIT B INSURANCE AND BONDS

ARTICLE 1 INITIAL INFORMATION

§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.1.1, the Request for Proposals-Construction Management at Risk attached hereto as Exhibit D (the "RFP") and the Construction Manager Proposal attached hereto as Exhibit E (the "Response"). All of the terms in such exhibits shall be considered supplementary to the terms of the A133 and, in the case of a conflict, shall be superseded by the terms of the A133.

Another project, the Lafayette Hospital Project, may be designed and constructed on the Property at the same time as the Project. Whether or not the Construction Manager is also constructing Lafayette Hospital, the Construction Manager shall cooperate and coordinate its activities with the architect and construction manager of the Lafayette Hospital Project to avoid scheduling conflicts, inefficiencies and extra costs that may arise from a failure to do so. The Construction Manager may present a proposal to provide construction manager as constructor services for both projects and provide a combined proposal that demonstrates the savings the Owner will realize if that construction manager is selected for both projects. The Lafayette Hospital Project will be utilizing Owner funds and USDA financing and proceeding with the Project will be subject to obtaining adequate USDA financing and the completion of the purchase of the Property. Depending on the financing and closing on the Property, either one or the other Project may be built, both may be built or neither will be built.

(For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.")

§ 1.1.1 The Owner’s program for the Project, as described in Section 4.1.1:

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

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(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.)

«The Project is dependent on receiving adequate funding from United States Department of Agriculture and the completion of the purchase of the Property.»

§ 1.1.2 The Project’s physical characteristics:

(Identify or describe pertinent information about the Project’s physical characteristics, such as size; location;

dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.)

«See above description of the Project.»

§ 1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6:

(Provide total and, if known, a line item breakdown.)

§ 1.1.4 The Owner’s anticipated design and construction milestone dates:

.1 Design phase milestone dates, if any:

«October, 2021 to October, 2022»

.2 Construction commencement date:

«October, 2022-March, 2024»

.3 Substantial Completion date or dates:

«March, 2024

.4 Other milestone dates:

«as provided in the approved Project schedule»

§ 1.1.5 The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below:

(Identify any requirements for fast-track scheduling or phased construction.)

«Not anticipated at this time.»

§ 1.1.6 The Owner’s anticipated Sustainable Objective for the Project:

(Identify and describe the Owner’s Sustainable Objective for the Project, if any.)

«There are no sustainability certifications anticipated but sustainable design and construction concepts shall be used for the Project.»

§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234–2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234–2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective.

§ 1.1.7 Other Project information:

(Identify special characteristics or needs of the Project not provided elsewhere.)

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

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«Notwithstanding any other term of this Agreement, The Owner and the Construction Manager shall comply with the requirements of the USDA loan, such as complying with federal nondiscrimination laws, rules and regulations and reporting requirements.»

§ 1.1.8 The Owner identifies the following representative in accordance with Section 4.2:

(List name, address, and other contact information.)

§ 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows:

(List name, address and other contact information.)

§ 1.1.10 The Owner shall retain the following consultants and contractors:

(List name, legal status, address, and other contact information.)

.1 Geotechnical Engineer:

.2 Civil Engineer:

.3 Other, if any:

(List any other consultants retained by the Owner, such as a Project or Program Manager.)

§ 1.1.11 The Architect’s representative:

(List name, address, and other contact information.)

§ 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3:

(List name, address, and other contact information.)

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

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§ 1.1.13 The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as required under Section 3.1.9:

(List any Owner-specific requirements to be included in the staffing plan.)

«The Construction Manager shall provide the individuals identified for the Pre-Construction services in the Proposal.»

§ 1.1.14 The Owner’s requirements for subcontractor procurement for the performance of the Work:

(List any Owner-specific requirements for subcontractor procurement.)

«Subcontractor and supplier procurement shall comply with the applicable provisions of Wis. Stats. Sections 59.52(29) and 66.0901 and the provisions of this Agreement.»

§ 1.1.15 Other Initial Information on which this Agreement is based:

«All notices required to be provided hereunder shall be in writing except in the case of an emergency where verbal notice may be provided with written confirmation provided within 24 hours.»

§ 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule, the Construction Manager’s services, and the Construction Manager’s compensation. The Owner shall adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information.

§ 1.3 Neither the Owner’s nor the Construction Manager’s representative shall be changed without ten days’ prior notice to the other party.party unless the parties agree to shorten such time in writing.

ARTICLE 2 GENERAL PROVISIONS

§ 2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior or contemporaneous negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. Article and section headings used in this Agreement are for ease of reference only and shall not be considered a part of or affect the interpretation or meaning of this Agreement. Capitalized terms not defined herein shall have the meaning assigned to such term in the A201-2017 (defined in Section 2.3.1 below).

§ 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment and Construction Manager’s Capabilities (defined in Section 2.7 below) in completing the Project and in furthering the interests of the Owner to furnish by (a) furnishing efficient construction administration, management services, and supervision; to furnish (b) by furnishing at all times an adequate supply of workers and materials; and to perform the Work qualified, experienced administrators and supervisors who will commit sufficient time to meet the milestones in the construction schedule and (c) by having the Work performed in an expeditious and economical manner consistent with the

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

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Owner’s interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents.

§ 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201™–2017, General Conditions of the Contract for Construction, as modified and agreed by the Parties and attached hereto as Exhibit C and made a part hereof ("A201-2017"), shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information;

Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term "Contractor" as used in A201–2017 shall mean the Construction Manager. "Contract Sum" as used in the A201-2017 shall mean Guaranteed Maximum Price as may be modified by Change Order from time to time.

§ 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, which document is incorporated herein by reference. A201–2017. The term "Contractor" as used in A201–2017 shall mean the Construction Manager.

§ 2.4 The Owner’s Representative shall be as designated above. The Owner’s Representative shall have the authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization; multiple signatures are not required. The Owner’s Representative shall have the authority to make decisions on behalf of the Owner concerning estimates and schedules, construction budgets and changes in the Work. Unless otherwise designated in writing by the Owner or as provided elsewhere in this Agreement, all communications, including, but not limited to, requests for decisions, applications for payment and notices provided under this Agreement shall be submitted to the Owner through the Owner’s Representative. The Owner’s Representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager, provided the Owner reserves the right to seek direction from its County Board for matters reserved to the County Board within a reasonable amount of time. The term "Owner" means the Owner or the Owner’s authorized representative.

§ 2.5 The Construction Manager’s Representative shall have the authority to bind the Construction Manager with respect to all matters requiring the Construction Manager’s approval or authorization; multiple signatures are not required. The Construction Manager’s Representative shall render decisions promptly and furnish information expeditiously to the Owner so as to avoid unreasonable delay in the services or Work of the Construction Manager or Owner. Unless otherwise designated in writing by the Construction Manager or as provided elsewhere in this Agreement, all communications including, but not limited to, Applications for Payment and notices provided under this Agreement, shall be submitted to the Construction Manager through the Construction Manager’s Representative. The Construction Manager’s Representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or the Work of the Owner or Construction Manager The term "Construction Manager" in this Agreement means the Construction Manager or the Construction Manager’s Representative.

§ 2.6 Key Personnel The key personnel for a Project are those persons identified below who will remain with the Project from the Pre-Construction until the Certificate for Final Payment is issues (collectively, the "Key Personnel"):

The Owner reserves the right to require the Construction Manager to remove and replace any Key Personnel at any time for reasonable cause. Except for direction from the Owner to replace any of the Key Personnel, the Construction Manager shall not replace any of the Key Personnel without the prior written consent of the Owner unless such person has left employment of the Construction Manager and is not employed by any affiliate of the Construction Manager, in which case no consent is required. The Construction Manager shall provide the credentials of any proposed replacement of Key Personnel for Owner’s approval, which approval shall not be unreasonably withheld; provided, however, the credentials of the proposed replacement shall equal or exceed the credentials of the Key Personnel being replaced. The Construction Manager must show good cause to the Owner for the replacement of any Key Personnel. This provision is a material provision of this Agreement and violation of this provision may result in the immediate termination of the Construction Manager for cause. The Construction Manager represents and covenants to the Owner that (1) the Key Personnel will be qualified and have sufficient experience to carry out the duties of the Construction Manager pursuant to the Contract Documents, and (2) the time commitment promised for each of the Key Personnel to work on the Project is sufficient to

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1247438936) complete the Project within the Construction Schedule; provided, however, the Construction Manager agrees to increase the time commitment if the Project requires additional time commitments to achieve Substantial Completion of the Project pursuant to the Construction Schedule.

§ 2.7 Construction Manager’s Capabilities The Construction Manager has:

.1 sufficient human and computer resources to furnish efficient construction and business administration management and supervision services to timely perform the Work pursuant to the Construction Schedule;

.2 experience in supervising, constructing and managing projects of a similar nature (skilled nursing home), size, scope and complexity as the Project;

.3 experience and knowledge of the building codes applicable to the Project and the inspection and approval process by the responsible governmental authority;

.4 knowledge of all laws, statutes, ordinances, rules and regulations, or lawful orders of public authorities applicable to the construction means, methods, techniques, sequences and procedures (collectively, the "Applicable Law");

.5 knowledge of LEED certification and standards; and

.6 knowledge of and prior experience with incorporating lean construction concepts and processes for projects similar in size, scope and complexity to the Project;

(all of the foregoing, collectively, the "Construction Manager’s Capabilities").

§ 2.8 Standard of Care The Construction Manager shall perform the Work consistent with the professional skill and standard of care required of construction managers licensed or doing work in Wisconsin with experience in supervising, constructing and managing projects of similar size, scope and complexity to the Project.

ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES

The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative has identified a representative in Section 1 authorized to act on behalf of the Construction Manager with respect to the Project.

§ 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require.

§ 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other.

§ 3.1.3 Consultation § 3.1.3.1 The During pre-construction, the Construction Manager shall schedule and conduct meetings with the Architect and Owner as needed but not less than once every other week ("Pre-Construction Meetings") with the Architect, Owner and any other relevant entities to discuss such matters as procedures, progress, coordination, and scheduling of the Work.

The Construction Manager shall promptly distribute minutes of these meetings to the Owner and Architect.

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1247438936)

§ 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, sustainability, life-cycle data, and possible cost reductions. The Architect will continually update its design and specifications and present them at the Pre-construction Meetings. The Construction Manager shall continually update and refine the Project budget and present it at each Pre-Construction Meeting. This approach is meant to deliver the Project efficiently and at the best cost by eliminating the need for Change Orders and Requests for Information during construction and by closely controlling costs. The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase.

§ 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing and the Architect shall develop in writing the building information modeling and digital data protocols for the Project, using AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data.Project governing the development, use, transmission and exchange of digital data. Such protocols shall be submitted to the Owner for its approval as soon as possible during the Pre-construction Phase of the Project. Upon approval, the protocols shall be incorporated into this Agreement by reference.

§ 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities; and identify items that affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; bidding; times of commencement and completion required of each Subcontractor; ordering and delivery of materials, equipment and products, including those that must be ordered in advance of construction; and the occupancy requirements of the Owner.

§ 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and construction scheduling issues.

§ 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, prepare and continually update for each Pre- Construction Meeting for the Architect’s review and the Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems.

§ 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, continuously update, an estimate of the Cost of the Work with increasing detail and refinement. and refinement and present it at each Pre-Construction Meeting. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work.

The estimate shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action.

§ 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.Intentionally omitted.

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission.

This draft was produced by AIA software at 16:29:08 ET on 08/19/2021 under Order No.4541329827 which expires on 07/29/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1247438936)

§ 3.1.6.4 The Construction Manager shall develop, update and maintain a cost control log to document the status and decisions regarding value engineering, scope changes and other cost-related matters during the Schematic Design, Design Development and Construction Documents phases and deliver to Owner not less than monthly.

§ 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect’s review and the Owner’s approval.

§ 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities.

§ 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner’s review and approval.

§ 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement.

§ 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval.

§ 3.1.11.2 The Construction Manager shall develop bidders’ interest in the Project.

§ 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase.

§ 3.1.11.4 The Construction Manager shall submit the Subcontracts to the Owner for its approval prior to circulating them to the Subcontractors.

§ 3.1.12 Procurement The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them.§ 3.1.12.1 The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction by the Owner or subcontractors.