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HomeMy WebLinkAboutRFP - 9860 CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR SERVICES - MUNICIPAL COURT RENOVATIONRFP 9860 CM/GC Services – Municipal Court Renovation Page 1 of 130 REQUEST FOR PROPOSAL 9860 CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR SERVICES - MUNICIPAL COURT RENOVATION RFP DUE: 3:00 PM MT (Mountain Time), SEPTEMBER 12, 2023 The City of Fort Collins is requesting proposals from qualified Contractor’s for Construction Manager/General Contractor (CM/GC) services related to the design and construction of the 215 N Mason Municipal Court Renovation in Fort Collins. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. A pre-proposal meeting will be held at 2:00 PM MT on August 17, 2023. The pre-proposal meeting will be hosted in person at 215 N. Mason St., Fort Collins, CO 80524. The group will meet in the first floor lobby. All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at jrector@fcgov.com, with a copy to Blake Visser, Project Manager, at bvisser@fcgov.com, no later than 3:00 PM MT on August 24, 2023. Please format your e-mail to include: RFP 9860 Construction Management/General Contractor Services - Municipal Court Renovation in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 95826 Construction Management Services Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9860 CM/GC Services – Municipal Court Renovation Page 2 of 130 in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Contractor’s to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Contractor’s and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. CONTRACTORs may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Contractors may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Contractors hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Contractors Registration: The City requires new Contractors receiving awards from the City to submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. RFP 9860 CM/GC Services – Municipal Court Renovation Page 3 of 130 Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Contractor shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9860 CM/GC Services – Municipal Court Renovation Page 4 of 130 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Contractors for Construction Manager/General Contractor (CM/GC) services related to the design and construction of the 215 N Mason Municipal Court Renovation in Fort Collins. . B. Background 1. The City of Fort Collins (City) intends to renovate the first floor and areas of levels two and three at 215 N Mason for a Municipal Court renovation, with the intent to expand the Municipal Court capacity to support the court’s requirements for the next 15 years. The addition will include a renovation of the existing rest rooms, circulation, lobby areas and egress routes on all floors. An expansion of the building’s north or east sides are also expected. These expansions are likely to be two or three floors depending on design. Subject to funding availability, the City desires to upgrade the entire building HVAC and Building Automation Controls. The City will contract with a Controls Contractor and the awarded Contractor will be required to manage all coordination. This scope could include modifying or replacing existing HVAC supply and return, building electrical, electrical service. The newly signed bill signed by the State of Colorado Governor (HB23-1057) will need to be incorporated into the project. The renovation is expected to have multiple phases to allow Municipal Court to operate during construction. The construction is expected to impact all departments and all staff in the building. The cost for construction of the base scope is expected to be $10,000,000 - $12,000,000. This estimate includes tying into existing HVAC as well as any additional building footprint. 2. The City has entered into an agreement with D2C Architects, Inc. to provide design and engineering services for the renovation. The renovation will require a City Building Development review, which after submitted, can take up to one year to be completed. 3. The City Project Manager will be working with Cultural Services for any scope or work involving art-in-public-places. If appropriate, an artist will be selected and will work with the City, Design Firm and awarded Contractor on concepts that may or may not be built. The selected Contractor is expected to, in collaboration with the City, coordinate the efforts between these groups. C. Project Timeline & Goals for Maintenance Facility 1. The City of Fort Collins has entered into an agreement with D2C Architects, Inc. to provide design and engineering services for the 215 N Mason Municipal Court Renovation, and the City is seeking to partner with a Contractor to provide CM/GC services. Below is the current anticipated schedule for the 215 N Mason Municipal Court Renovation: RFP 9860 CM/GC Services – Municipal Court Renovation Page 5 of 130 a. Schematic Design b. Design Development c. 50% CD (Tentative) Quarter 1 2024 d. 95% CD’s (Tentative) Quarter 2 2024 e. Establish GMP TDB (Pending Funding) f. Construction NTP TDB (Pending Funding) g. Project Completion TDB (Pending Funding) 2. The project goals are to develop a partnership/collaborative design and delivery process to facilitate: a. Maximize improvements within a firm budget. b. Minimize risk, improve the construction schedule, and promote innovation / cost efficient construction. c. City requires the expansion to the building to be highly energy efficient, and able to contribute to the City’s current and future energy goals. Solar PV, Distributed Energy Systems (DES), Geothermal Borefield, etc. will be considered. d. Work with the City Project Manager and staff to allow for the existing facility to continue to operate as much as possible during construction. e. Minimize impacts to the public, City staff and normal City operations, neighboring businesses, and residents. The Contractor should address their approach to accomplish these goals as a part of their proposal submittal. II. SCOPE OF PROPOSAL A. CM/GC Scope of Work The City expects the Contractor to provide pre-construction and construction services related to the completion of the project. These services are to include, but not be limited to the following: 1. Preconstruction Support Services a. Provide a designated representative to participate in the design effort, which will begin upon execution of the Preconstruction Support Services Work Order. b. The Contractor is required to bring the following skills, knowledge and expertise during the Preconstruction Support Services phase of the project. The following are minimum requirements: i. The skills and knowledge to estimate quantities of materials, labor and equipment, means & methods needed to construct the project. RFP 9860 CM/GC Services – Municipal Court Renovation Page 6 of 130 ii. The skills and knowledge to determine the task/work breakdown structure needed to complete the project and estimate the cost, duration, and sequence of these tasks. iii. An understanding of the availability, cost, and suitability of materials, labor and equipment. iv. The skills and knowledge to identify potential risks (including cost risks), and methods to mitigate them during the design process. v. The skills and knowledge to coordinate project work with utilities and stakeholders. vi. The skills and knowledge to develop strategies for hazardous materials management. vii. The skills and knowledge to understand and inform the team regarding the construction impacts. viii. The skills and knowledge to provide initial scheduling information and proposed durations. ix. The skills and knowledge to provide initial list of sub-contractor pricing and materials input. 2. Design Reviews (collaborative design development): Participate in an estimated four (4) formal design reviews. For each review, the Contractor may be asked to perform any or all of the following tasks: a. Provide constructability reviews b. Develop construction schedules c. Provide construction cost estimates at strategic times in the design process. Estimates should be conducted at the end of Schematic Design, Design Development, 50% Construction Documents and 95% Construction Documents/GMP. Estimates should be conducted in-house, minimizing engagement with the subcontractor community as feasible. Contractor’s should have the in-house capability to perform detailed estimates based on past experiences with minimal subcontractor input d. Perform a risk assessment in terms of cost, quality and schedule e. Provide value engineering to reduce risk, cost and schedule f. Engage and coordinate with stakeholders and design team 3. Construction Requirements Contractor shall be responsible to: a. Provide construction services according to the Agreement and contract documents. b. Provide qualified full-time site supervision and management of trade subcontractors to meet or exceed the defined project schedule. c. Provide open procurement of subcontractors and suppliers. A minimum of 3 quotes are required for the subcontractor procurement process unless otherwise approved by the City Project Manager. At the City’s approval, subcontractors may be selected without receipt of 3 quotes and prior to the price negotiation process if the subcontractor’s early involvement adds value to the project through RFP 9860 CM/GC Services – Municipal Court Renovation Page 7 of 130 constructability reviews, phase planning, or other factors identified by the project team. In these cases, subcontractor’s costs must still be validated to be fair and reasonable and be determined to be an overall value-add to the City and project. d. Provide a project schedule to coordinate all task to work through project development review, permitting and construction. The construction schedule will be required to include procurement of materials, equipment and any anticipated weather delays. e. Provide stormwater management and BMP maintenance for the site complying with State and County regulations. i. The Stormwater Criteria forms are available at: https://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria f. Provide site security and protection during construction. Provide all site safety management and compliance with OSHA standards and criteria. Implement a site safety program that is reported on regularly. g. Implement the City’s quality control program which is established to ensure a quality finished product. Coordinate a three phases of the program as necessary to meet with trades and ensure they understand our quality standards. Perform all quality control testing and inspections in coordination with the City’s consultants. All such tests and inspections shall be subject to the City written review and approval. Link for this QA/QC program is included below. h. Meet all licensing requirements as set forth by the City of Fort Collins for both Contractor and subcontracted work. i. Provide services to manage participation in the City’s project close out procedures and coordinate trades to correct any issues during the project warranty period. j. The Contractor’s construction team used for the RFP interviews will be the same team used on the project by the Contractor. If at any time, the City determines the Contractor’s construction team has been changed, the City reserves the right to terminate the contract and procure the construction of the project by other means. k. At any time, if the City determines that personnel on the construction team is not fit to continue, the City reserves the right to request personnel change as needed. l. The City of Fort Collins has developed a Building Design and Construction Standards Manual. Design will follow these standards unless exempted by the City. This manual is available on-line and can be viewed at: http://www.fcgov.com/opserv/design-standards.php m. All final construction work must comply with the latest adopted Americans with Disabilities Act (ADA) as detailed at https://www.ada.gov/ n. Required to adhere to the City of Fort Collins Dust Prevention and Control Manual. The manual is available at https://www.fcgov.com/airquality/pdf/dust- prevention-and-control-manual.pdf o. Required to fill out City of Fort Collins Waste Management Plan Form. RFP 9860 CM/GC Services – Municipal Court Renovation Page 8 of 130 i. The Plan form is available at: https://www.fcgov.com/recycling/files/construction-waste-management- plan.pdf. ii. Contractor may not receive final payment until this has been completed and returned with back-up. p. Required to provide dumpsters for waste and recycling and to coordinate the location of dumpster(s) with the City personnel before construction begins. q. Required to complete all forms for the Quality Assurance / Quality Control plan. This work must be coordinated with the City of Fort Collins appropriate personnel. The Quality Control Plan is available on-line and can be viewed at: https://www.fcgov.com/opserv/pdf/dsgnstnds/qa-qc-plan.pdf. r. Any damage caused to the existing buildings, parking lot, site, & landscaping through access to the construction area will be at the Contractor’s expense to repair the damaged area to existing conditions before the damage occurred. s. Ensure a clean and safe work site at all times. t. Required to pull all appropriate City, State, County, and Fire permits. u. Required to coordinate all necessary City and Larimer County building inspections. v. Required to coordinate all special inspections with the City and Larimer County building inspectors. Contact information will be provided to the Contractor prior to work beginning. w. Responsible, upon completion of the job, to issue the City of Fort Collins a Certificate of Occupancy/Letter of Completion before final payment will be issued. x. Required to Install all infrastructure/rough-in work associated with IT, Controls and Solar PV systems. i. City-provided IT Contractor will pull wires and complete the data work associated with the project. ii. Required to coordinate with the City of Fort Collins IT Department, controls and PV contractor for scheduling of the installation of data cabling and Access Control. iii. All data drops will require ¾” conduit stubbed above the ceiling with pull string. If the ceiling is exposed to the structure, the Contractor will be required to run the ¾” conduit, and pull string, back to the IT closet through the walls. 4. SPECIAL INTERFACES a. SUSTAINABLE DESIGN: It is the policy of the City of Fort Collins that all new buildings and major renovations earn enough credits using the US Green Building Council’s (USGBC) LEED™ Green Building Rating System to earn a minimum “Gold” certification with the desire to achieve “Platinum” certification. The most current version of LEED™ at the time of project design shall be used. Specific projects may have goals above RFP 9860 CM/GC Services – Municipal Court Renovation Page 9 of 130 and beyond this minimum requirement, either in overall rating or for minimum numbers of credits from specific categories. It is not the intent to “chase LEED points”, but to earn them through good high-performance building design. b. RENEWABLE RESOURCES: The City of Fort Collins has been working with Geo Energy and photovoltaic systems at other municipal buildings and will want to consider these with this project. c. ENERGY MODELING: The City of Fort Collins will provide the energy modeling services and the design team will be asked to coordinate the LEED design with this firm. d. COMMISSIONING: The City of Fort Collins will provide the commissioning firm and the design team will be asked to coordinate the design and construction with this commissioning agent. e. ART IN PUBLIC PLACES: The design team will be requested to work with an artist from the City’s “Art in Public Places” Program with the intent to design artistic elements into the project concept and are within the APP budget for this project. A member of the design team will be added to the committee that selects the artist. The City will contract directly with that artist. f. FURNITURE DESIGN AND INSTALLATION: The City of Fort Collins will be responsible for the furniture procurement. It is intended that the design professional will provide the design and coordination of this effort as the furniture design and procurement effort will need to proceed at the same time as the building design effort. g. TESTING SERVICES: The City of Fort Collins will be responsible, by separate contract for all the testing services (geo-tech, soils, concrete, asphalt, structural steel, etc.). It is intended the design team will assist in the coordination of this effort. h. COMMUNICATION WORK: Design team will be responsible for the design of infrastructure for communication (telephone and computer cabling) Fire Alarm and Security i. PROJECT MANAGEMENT SOFTWARE: The City of Fort Collins uses Procore for its project management software. The awarded Contractor will be given credentials to the City Procore account and will be required to manage all drawings, specifications, directory, workflows, submittals, requests for information (RFI), meeting minutes, schedule, and progress photos through the City Procore account. 5. Construction Contract Price Negotiations When the City, the design team, and the Contractor agree that the project has been designed to a sufficient level of detail to allow the Contractor to accurately price RFP 9860 CM/GC Services – Municipal Court Renovation Page 10 of 130 construction elements of the project, Construction Contract Price Negotiations (price negotiations) will commence. This milestone is typically reached at 95% CD’s (permit drawings). In order to expedite the project, price negotiations may start before the completion of the Preconstruction Support Services. The Contractor will be compensated for construction cost estimates prepared during the design process prior to price negotiations by their pre-construction services fee, however the Contractor’s work effort for Guaranteed Maximum Price (GMP) price negotiations is considered part of Preconstruction Support Services and will not be compensated by the City. At the City’s discretion, the City may develop an independent construction cost estimate for the work or may engage an independent third party to perform the construction cost estimate to better inform their review of the Contractor’s costs. The City will determine when price negotiations have begun and will conclude with the establishment of a Guaranteed Maximum Price (GMP) Construction Work Order agreement. Actual construction costs will be tracked through construction, and if cost savings are realized, the savings will be passed to the City in full. The Construction Work Order agreement will incorporate general conditions using the General Conditions of the Construction Contract prepared by the Engineers Joint Contract Document Committee (EJCDC) and other provisions in accordance with the City’s construction contract requirements. a. Price Negotiation Process: The following procedures will be used for Construction Contract Price Negotiations. i. In collaboration with the Contractor, the designer will produce a set of the relevant plans and specifications, showing the work to be accomplished. The plans will also show all work accomplished under any previous construction packages. ii. At roughly 95% CD’s the Contractor will prepare a price to perform the work. The price(s) may include detailed unit line item pricing or lump sum items as appropriate but will include a minimum of 3 quotes for all subcontracted work unless otherwise approved by the City. iii. Upon reviewing the Contractor’s price for the City will determine its acceptability by comparing it to its independent construction cost estimate (internal or 3rd party), by reviewing the competitive quotes, or employing other factors as determined to be in the best interests of the project. iv. If the City determines the price is acceptable, the City will prepare a Work Order for construction services. If a previous Work Order for construction services had been entered into, this work may be added to that contract by change order. v. If the price is not acceptable, the City and the Contractor will conduct a price negotiation meeting to discuss the variances between the price and independent construction cost estimates, or other factors that led to its unacceptability. vi. Following the price negotiation meeting the Construction Contract Negotiations will enter subsequent iterations of the above noted process. vii. The City reserves the right to require the Contractor to enter into “open book” cost model price negotiations at any time through this process, where RFP 9860 CM/GC Services – Municipal Court Renovation Page 11 of 130 the Contractor will be required to reveal and defend its detailed pricing breakdowns including labor, materials, equipment, subcontractor and supplier quotes, mobilization, overhead, mark-up, and profit. The Contractor shall share quotes for materials and equipment they will provide if not furnished by a subcontractor. Only the agreed upon fee can be added to these cost. If the Contractor plans to use equipment from their fleet the rates shale be comparable to those from a rental yard. See below for the City’s “open book” negotiation requirements. viii. At any time, if the City determines that an agreement cannot be successfully negotiated, the City reserves the right to end Construction Contract Cost Negotiations and procure the construction of the project by other means. If the City then offers the project up for public bids, the Contractor will not be eligible to bid on the project. b. “Open Book” Negotiations Process: Negotiations may require any or all of the following information. The Contractor shall submit information as requested by the City, to the extent necessary to permit the City to determine the reasonableness of the construction price. The Contractor shall provide cost or pricing data, broken down by individual work item, for the Contractor and each subcontractor. Submit material and subcontractor quotes, anticipated labor, operator and equipment usage, and anticipated production rates. If requested, submit a written proposal for the work identifying the major elements of the work, the quantity of the element, and its contribution to the proposed price. Provide further breakdowns if requested by the City: • Material: Furnish quotes and/or material invoices showing the cost of material to be incorporated in the work. • Labor: Show basic hourly rates, fringe benefits, applicable payroll costs (workers compensation, insurance, etc.) paid subsistence, and travel costs for each labor classification and foreman employed in the work • Equipment: Provide a complete descriptive listing of equipment to be used in the work including make, model and year of manufacture. Support rented or leased equipment costs with invoices • Other direct costs: Furnish documentation of invoices to support any other direct costs to be incurred that are not included above (e.g., bonds, mobilization, permits, etc.) • Production Rates: Provide actual hours of performance, on a daily basis, for each labor classification and for each piece of equipment. • Subcontract Costs: Provide supporting data as required above. • Overhead: Identify overhead rates and list the types of costs that are included in overhead. • Profit: Include a reasonable profit reflecting the efficiency and economy of the Contractor and subcontractors in performing the work, the contract risk type, the work difficulty, and management effectiveness. RFP 9860 CM/GC Services – Municipal Court Renovation Page 12 of 130 • Markup: List any markup cost for subcontractors or other items. Provide backup information as requested for a breakdown and justification of markup expenses. This open book negotiation process does not stop with the GMP. It shall continue throughout the project and be part of the process for change orders, etc. 6. Owner Expectations and Delivery Schedule a. Partnering The City and Design Team expect a partnering relationship with the selected Contractor. A formal Partnering Session may be held with the selected Contractor and City team members, Architect, Engineers, and Landscape Architect soon after the selection process is completed. The City expects an environment where trust and teamwork prevent disputes, foster a cooperative bond to everyone’s benefit, and facilitate the completion of a successful project. Traditional adversarial relationships between the project participants are not an acceptable way of doing business on this project. b. Key Staff The City expects the Contractor to commit key staff members to manage the project through attendance of weekly project meetings; preparation of RFIs; management of subcontractors, schedule, quality and cost. Key staff members for this project are expected to include a project manager, superintendent and possibly a field engineer. If key staff are removed from this project without City approval, the City reserves the right to terminate the Contract. The City expects the Contractor to request approval for any changes in staffing if they will differ from those identified in the proposal. c. Communication The City expects open and honest communication related to project activities including subcontractor performance, cost control, schedule control, budget and quality issues as they may arise. The City expects communication to occur directly through the established chain of command which may involve working directly with, receiving direction from, and coordinating with City assigned personnel. d. Contract Management The City expects the Contractor to participate in contract management such that pay applications, work change directives, change orders, RFIs and other documents are managed timely and effectively to avoid delays in project delivery. The City expects the Contractor to work with its Project Manager to gain approval and processing of these documents in a coordinated fashion. e. Performance Standard The City expects Contractor performance to a standard that exceeds industry accepted parameters. The City expects a world class Contractor and project. The City expects to pay fairly for all work performed and expects the Contractor to be profitable. f. Services and Construction Agreements, and Work Order Process The Contractor will be required to sign the City’s Services Agreement Work Order- RFP 9860 CM/GC Services – Municipal Court Renovation Page 13 of 130 type, similar to the sample Agreement found in Section VIII. Based on this Agreement, a Work Order for the pre-construction Work will be issued. The pre- construction services shall include (at minimum) review of designs for constructability, review of site layout and grading, estimating cost of different options, alternatives and components, providing opinions and recommendations on suitable methods and approaches to accomplish the work, offer value engineering suggestions to accomplish the desired objectives in the most cost effective manner possible, and provide the team with up to date on-going cost status of the current project design. Upon completion of the pre-construction services, the Contractor will be required to sign a Construction Work Order. A sample construction Work Order is included in Section VIII. The construction services shall include (at minimum) full time site supervision when trades are working, stormwater management and permitting of the project site, site protection and security during construction, procurement of all subcontractors and suppliers to complete construction, project sequencing and scheduling of manpower, materials and equipment, project safety enforcement, management of quality control, management of testing, management of surveying, and management of project close-out. The Work Order for construction services will be awarded at approximately 95% design completion based on the Contractor’s satisfactory performance under the pre-construction services Work Order Minimum Qualifications B. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: August 10, 2023 • Pre-Proposal Meeting: 2:00 PM MT on August 17, 2023 • Question deadline: 3:00 PM MT on August 24, 2023 • Proposal due date: 3:00 PM MT on September 12, 2023 • Interviews (tentative): Week of September 25, 2023 • Award of Contract (tentative): Week of September 25, 2023 • Completion of project: To Be Determined C. Budget The anticipated budget for this project is expected to be funded between $10,000,000.00 and $12,000,000.00. D. Interviews In addition to submitting a written proposal, the top-rated Contractors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. The City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead RFP 9860 CM/GC Services – Municipal Court Renovation Page 14 of 130 of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. E. Travel & Expenses Subject to the terms of the applicable Work Order, reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Contractor will be required to provide original receipts to the City for all travel expenses. F. Subcontractors/Subconsultants Contractor will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Contractor; therefore, subcontractors and/or subconsultants will be the responsibility of the Contractor. G. Financial Qualifications (CONFIDENTIAL) Contractors selected as finalists may be required to submit a banking reference and the most recent financial statement (audited preferred) including balance sheet and income statement, as well as a statement of cash flows (the “Financial Information”). H. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. I. Fees, Licenses, Permits The successful Contractor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. J. Laws and Regulations The Contractor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). K. Hours Working hours are from 7:00 AM MT to 5:00 PM MT Monday through Friday and does not include recognized holidays. City Project Manager may permit, in writing, weekend or night work if required. L. Subcontractors Contractor will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Contractor; therefore, subcontractors will be the responsibility of the Contractor. M. Standard of Conduct RFP 9860 CM/GC Services – Municipal Court Renovation Page 15 of 130 The successful Contractor shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The personal conduct of the Contractor and its staff has a direct impact on the quality of performance. Unacceptable personal conduct/behavior, as defined herein, may result in immediate or early termination of the Agreement. The City may request, at their sole discretion, the Contractor to immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. (3) Theft, vandalism, immoral conduct or any other criminal action. (4) Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or substances while on assignment for the City. All City-owned or operated facilities and their grounds are non-smoking sites. N. Work Orders The awarded Contractor will be required to sign the City’s Work Order Type Agreement, a sample of which is attached as Section VII or reference purposes. Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion date, total cost and a Scope of Work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those stated in the Agreement. No Work Order over $7,500 will be considered valid until signed, at a minimum, by the Contractor, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Contractor, project manager and Purchasing Department representative. O. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Contractor each month following the submittal of a correct invoice by the Contractor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Contractor and the City will negotiate an appropriate unit price for the service prior to the Contractor initiating such work. The City pays invoices on Net 30 terms. RFP 9860 CM/GC Services – Municipal Court Renovation Page 16 of 130 III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Contractors are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Contractors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non- responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Contractors include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Contractor Information 1. Describe the Contractor’s business and background. 2. Number of years in the business. 3. Details about ownership, including date firm was established, how firm is organized and previous names of the firm in the last ten (10) years. 4. An overview of services offered and qualifications. 5. Size of the firm. 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section VI. Acknowledgement. C. Scope of Proposal Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 1. Construction Sequencing and Scheduling Describe the scheduling software your firm typically uses for sequencing tasks and scheduling subcontractors, materials and equipment. The City will require that an RFP 9860 CM/GC Services – Municipal Court Renovation Page 17 of 130 industry recognized software is used to develop and manage the project schedule; fully base-lined, critical path shown and float managed. Describe the way in which your firm develops and maintains project schedules for projects of this size and nature. Describe your process and frequency for updating project schedules and how your firm works to overcome challenges and works to maintain the original completion date. Submit an example of a project schedule for a similar size project. 2. Method of Construction Submit a written narrative explaining your approach to the project and achievement of the project goals described in Section 1.C. Provide an estimate for the percent of the construction project you plan to self-perform. 3. Project Budget and Cost Control a. Describe your approach to developing cost estimates through pre-construction. b. Describe your approach to developing value engineering ideas through construction delivery to enhance the work product while potentially saving cost. c. Describe how the delivery schedule outlined in Section 1.C. above affects your approach to pricing. d. Describe your approach to be transparent or open book when developing a cost for this project in cooperation with the project team. 4. Approach to GMP Negotiation Describe in detail how your firm uses the markups, Contractor General Conditions and direct cost of work to develop the GMP for the project. The City anticipates working with the Contractor to develop this cost for all known quantities of the project. For unknown circumstances, the City anticipates negotiating allowances or contingencies to complete the work. The final project cost will be established as a GMP including a detailed bid schedule. D. Firm Capability, Assigned Personnel, Availability and Safety Record 1. Partnering Experience Describe at least 3 projects completed by your firm in the past 5 years where partnering was formally implemented. Provide a list of key staff who participated in these projects and their roles. Describe in detail what Partnering means to your firm and how it is integral to your business operations. 2. Company Resources Indicate the total number of personnel employed by the company and how many resources are in each category (e.g. Administration, Clerical, Estimating, Project Management, Project Coordinator, Project Engineer, Superintendent, Foreman, Carpenter, Laborer, etc.) Provide an organizational chart for the resources proposed to be used on this project. Indicate the office location this project will be managed through. Provide a full list of equipment on hand owned and managed by the firm. 3. Profile Projects Provide a brief project description and history of no more than 5 projects, similar in RFP 9860 CM/GC Services – Municipal Court Renovation Page 18 of 130 scope to this project, completed in the last 5 years. Include the following information: a. Project description that includes the project name, firms that comprised the design team, and site location. Please include pictures of the work completed. b. Project history that includes the original schedule agreed upon at the time of signing the contract, the actual duration of construction, and any special characteristics of the project that affected delivery. c. Type of project delivery model used. d. Original contract cost. e. Cost at completion. f. Original contract time and actual completion time. Provide a brief discussion of any unusual factors that affected the project delivery (e.g. owner-initiated delays, additions to the work, etc.). Provide both an owner reference and consulting engineer/architect reference for cited projects, including name, contact name, email address and phone number. 4. Trade Subcontractors Provide a listing of subcontractors for major trades your firm plans to engage to meet the three-bid requirement. Explain your relationship with these firms, how long they have worked with you on projects, and how your subcontractor procurement process works. Give examples of situations where these firms have performed to tight timeframes and accelerated schedules. 5. Quality Assurance/Quality Control Provide details on your firm’s quality control program. Explain how your team administers a quality control program during construction, how performance measures are documented and how quality issues are addressed. Provide examples of when your firm exceeded quality standards, gained industry recognition or received quality awards. 6. Insurance Company Provide the name, address and phone number of the firm’s insurance agent(s). Provide statements to answer the following questions. (See also Insurance Requirements in Section VIII. Sample Agreement). a. Does coverage meet minimum project requirements? b. Does coverage include builder’s risk? c. Can this coverage be extended for work on this project? d. Can coverage be increased? e. Can the City be listed as an additional insured? f. Are there any current claims that will affect coverage limits available for this project? 7. Availability As presented, can the work be completed in the necessary timeframe, with target start and completion dates met? Describe other qualified personnel available to assist in meeting the project schedule if necessary. Provide an outline of the RFP 9860 CM/GC Services – Municipal Court Renovation Page 19 of 130 schedule for completing tasks. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 8. Safety Record Provide the firm’s OSHA reportable accident rate and current workman’s compensation insurance multiplier for the last 3 years. Provide the OSHA reportable accident rate on projects managed by the proposed superintendent or project manager over the three-year period. Provide a list of all projects in the last 5 years that have received an OSHA citation either to the Contractor or subcontractor on the jobsite and provide a narrative of the citations. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime contractor. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost and Work Hours RFP 9860 CM/GC Services – Municipal Court Renovation Page 20 of 130 Complete Section V Contractor Cost Proposal, providing all construction cost factors that will be used to develop the cost of work. The following shall be provided: a. Work Order I (Pre-Construction) Services: 1. Cost estimate for pre-construction services. A. Provide a separate lump sum, not to exceed, cost for your involvement to complete pre-construction services, including meetings, cost estimating, value engineering and other related tasks. Pre-construction ends once a GMP has been established. On a separate sheet, provide estimated hours per task and per personnel classification to complete the pre-construction services. B. On a separate sheet, provide unburdened labor rates for your personnel showing base pay and the percentage for labor burden. b. Work Order II (Construction) Services: 1. Provide your Contractor Fee, expressed as a percentage, to be added to the direct cost of work, including all materials, labor, equipment and subcontractor, and General Conditions costs. This Fee shall be used to cover all insurance, overhead, mark-up and profit and shall also be used on any project change orders. 2. Provide a separate anticipated monthly General Conditions cost, based on the General Conditions identified in Section V.5. Contractor General Conditions Cost Matrix. As a part of this cost, on a separate sheet, provide the breakout cost for each General Condition cost category. 3. Provide a separate anticipated monthly General Requirements cost, based on the General Conditions identified in Section V.5. Contractor General Conditions Cost Matrix. As a part of this cost, on a separate sheet, provide the breakout cost for each General Condition cost category. 4. Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement during construction, including anticipated labor, operator and equipment usage. The rate schedule will be used as a basis for negotiation during construction contract pricing negotiations for self-performed work and change orders. c. Procore (Pre-Construction): Provide a lump sum, not-to-exceed cost for your required use of the City’s Procore account for project management documentation from pre-construction start through GMP. d. Procore (Construction): Provide a lump sum, not-to-exceed cost for your required use of the City’s Procore account for project management documentation during construction to final completion. e. Bonding Company Reference Provide the name, address and phone number of the firm’s bonding agent. RFP 9860 CM/GC Services – Municipal Court Renovation Page 21 of 130 Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate to undertake this work. G. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Contractor. The Contractor is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Contractor has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. RFP 9860 CM/GC Services – Municipal Court Renovation Page 22 of 130 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Contractors will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Contractors may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 4.0 Firm Capability, Assigned Personnel, Availability and Safety Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? Is the firms safety record acceptable? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures? RFP 9860 CM/GC Services – Municipal Court Renovation Page 23 of 130 3.0 Cost & Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? RFP 9860 CM/GC Services – Municipal Court Renovation Page 24 of 130 V. CM/GC COST PROPOSAL 1. Work Order I (Pre-Construction) Services: i. Provide a lump sum, not-to-exceed cost for your involvement to complete pre- construction services, including, but not limited to, meetings, cost estimating, value engineering and other related tasks. Pre-construction ends once a GMP has been established. $________________________________________ ii. Add Alternate to provide full building HVAC, building automation controls and electrical upgrades. $________________________________________ iii. On a separate sheet, provide unburdened labor rates for your personnel showing base pay, the percentage for labor burden and billing rate. 2. Work Order II (Construction) Services: i. Provide your CM/GC Fee, expressed as a percentage, to be added to all materials, labor, equipment, subcontractor, General Conditions and change order costs. This Fee shall be used to cover cost for insurance, overhead, mark-up and profit and shall also be used for fee on all project change orders. Fee Percentage: _______________________________% ii. Provide the anticipated monthly General Conditions cost, based on the matrix included in Section VII which identifies the breakout for items covered by Fee %, GC’s and later to be included in Cost of Work in the GMP. Anticipate twelve (12) months for this project. Additional GC’s will only be allowed if there is a project extension due to added scope. $ ________________________________________/Month iii. Provide the anticipated monthly General Requirements cost, based on the matrix included in Section V.5 below which identifies the breakout for items covered by Fee %, GC’s and later to be included in Cost of Work in the GMP. Anticipate twelve (12) months for this project. Additional GR’s will only be allowed to be added if there is a project extension due to added scope. RFP 9860 CM/GC Services – Municipal Court Renovation Page 25 of 130 $ ________________________________________/Month iv. On a separate sheet, provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement during construction, including anticipated labor, operator, and equipment usage. The rate schedule will be used as a basis for negotiation during construction contract pricing negotiations for self-performed work and change orders. 3. Procore (Pre-Construction): i. Provide a lump sum, not-to-exceed cost for your required use of the City’s Procore account for project management documentation from pre-construction start through GMP. $________________________________________ 4. Procore (Construction): i. Provide a lump sum, not-to-exceed cost for your required use of the City’s Procore account for project management documentation during construction to final completion. $________________________________________ 5. CM/GC GENERAL CONDITIONS MATRIX Note: The intent of this matrix is for the Contractor to understand how costs should be accounted for in the GMP. This is to ensure a fair analysis of proposals. CM/GC General Conditions Matrix Cost Category Fee (%) General Conditions Direct Cost of Work Home Office Expenses Office Overhead X Profit X Staff Project Executive X Pre-construction Manager & Estimator X Project Manager X Project Superintendent X General Superintendent X RFP 9860 CM/GC Services – Municipal Court Renovation Page 26 of 130 Safety Manager X Estimators X Schedulers X Project Coordinators X Project Engineers X Consultants X Administration Office Support (Accounting, Etc.) X Builders Risk Insurance X General Contractor's Bond X Subcontractors bond X Suppliers Bond X Liability Insurance X Jobsite Operations Jobsite Office X Internet & Other technology items X Storage/tool trailers X Telephones X Cell Phones X Radios X Copier/fax/printer, Etc. X Office supplies X First Aid Supplies X Vehicles, fuel, maintenance X Travel expenses X Document reproduction X Postage X Site Signage X Safety Equipment X Temp Toilets X Water, cups, etc. X Dumpsters X Licenses X Special Permits X Material Layout X Field Engineering Equipment X Surveying & Layout X Temp Utilities X Interim Cleanup X Final Cleaning X Construction Fire Protection X Mobilization X RFP 9860 CM/GC Services – Municipal Court Renovation Page 27 of 130 Demobilization X Jobsite Security X RFP 9860 CM/GC Services – Municipal Court Renovation Page 28 of 130 VI. ACKNOWLEDGEMENT Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9860 Construction Management/General Contractor Services – Municipal Court Renovation and sample Agreement except as otherwise noted. Additionally, Contractor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Contractor’s knowledge and belief. b. Contractor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Contractor further agrees that the method of award is acceptable. e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Contractor acknowledges receipt of addenda. g. Contractor acknowledges no conflict of interest. h. Contractor acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Contractors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Contractor’s may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Contractors hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: RFP 9860 CM/GC Services – Municipal Court Renovation Page 29 of 130 Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Services Agreement – Work Order Type RFP/BID [# and Title] Page 30 of 130 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for 9860 Construction Management/General Contractor Services – Municipal Court Renovation. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, sample s of which are attached hereto as Exhibit A & B, consisting of two (2) and ( ) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit , consisting of ( ) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A & B to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. Services Agreement – Work Order Type RFP/BID [# and Title] Page 31 of 130 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence and shall continue in full force and effect until , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Attn: email address City of Fort Collins Attn: Blake Visser PO Box 580 Fort Collins, CO 80522 bvisser@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. Services Agreement – Work Order Type RFP/BID [# and Title] Page 32 of 130 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) pages, and incorporated herein by this reference. b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 11. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 13. Subcontractors/subconsultants. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the city, which shall Services Agreement – Work Order Type RFP/BID [# and Title] Page 33 of 130 not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the work of the Service Provider. 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 16. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twenty-four (24) months from and after final acceptance under the Work Order, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors/subconsultants of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 18. Remedies. In the event a party has been declared in default, such defaulting party shall be Services Agreement – Work Order Type RFP/BID [# and Title] Page 34 of 130 allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 20. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of a ny person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) page(s), attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing@fcgov.com, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 21. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. Services Agreement – Work Order Type RFP/BID [# and Title] Page 35 of 130 22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party vendors and their subcontractors/subconsultants at every tier. 24. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 26. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of ( ) page(s), and Exhibit , Section 00700 General Conditions consisting of fifty-three (53) pages. Services Agreement – Work Order Type RFP/BID [# and Title] Page 36 of 130 [Signature Page Follows] THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: Date: Services Agreement – Work Order Type RFP/BID [# and Title] Page 37 of 130 EXHIBIT A WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 9860 Construction Management/General Contractor Services – Municipal Court Renovation MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Services Agreement – Work Order Type RFP/BID [# and Title] Page 38 of 130 EXHIBIT B WORK ORDER FORM (Construction over $100,000) CONSTRUCTION WORK ORDER FOR 9860 CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR SERVICES – MUNICIPAL COURT RENOVATION WORK ORDER NO. TITLED (WORK ORDER TITLE) DATE: CONTRACTOR: Services Agreement – Work Order Type RFP/BID [# and Title] Page 39 of 130 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment Services Agreement – Work Order Type RFP/BID [# and Title] Page 40 of 130 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed Services Agreement – Work Order Type RFP/BID [# and Title] Page 41 of 130 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO (CONTRACTOR OR CM/GC): WORK ORDER # & TITLE: PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: 9860 Construction Management/General Contractor Services – Municipal Court Renovation ENGINEER: D2C Architects OWNER’S REPRESENTATIVE: NOTICE OF AWARD DATE: OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated , for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated , you have been awarded a Work Order for this Work Order Description: A. See Section 01100 – Summary of Work. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is ($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is , and after Substantial Completion, the date for Final Completion is . 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1. Substantial Completion: ($ ) for each calendar day or fraction thereof that expires after until the work is Substantially Complete. 2. Final Acceptance: After Substantial Completion ($ ) for each calendar day or fraction thereof that expires after the period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. Services Agreement – Work Order Type RFP/BID [# and Title] Page 42 of 130 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. 5.1.2 Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 6. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. Services Agreement – Work Order Type RFP/BID [# and Title] Page 43 of 130 6.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7. CONTRACT DOCUMENTS. 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment Services Agreement – Work Order Type RFP/BID [# and Title] Page 44 of 130 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.5 There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by . A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. Services Agreement – Work Order Type RFP/BID [# and Title] Page 45 of 130 Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF AWARD dated , between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: By: Date: Name: Title: Services Agreement – Work Order Type RFP/BID [# and Title] Page 46 of 130 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference and the attached Notice to Proceed is hereby given. ACCEPTANCE: Date: _____ , Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Kelly DiMartino, City Manager (if greater than $1,000,000) ACCEPTANCE: ___________________________________________ Date: __________ Gerry Paul, Purchasing Director (if greater than $60,000) APPROVED AS TO FORM: __________________________________ Date: __________ ATTEST: ___ ________________________________________ Date: __________ Services Agreement – Work Order Type RFP/BID [# and Title] Page 47 of 130 BID SCHEDULE Services Agreement – Work Order Type RFP/BID [# and Title] Page 2 of 130 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 9860 Construction Management/General Contractor Services – Municipal Court Renovation TO: Attn: This notice is to advise you: That the Work Order and all amendments and supplements to the Contract Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Work Order and the AGREEMENT. The dates for Substantial Completion and Final Acceptance shall be , and , respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: ___________________________________________ ___________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Services Agreement – Work Order Type RFP/BID [# and Title] Page 3 of 130 Name & Title Services Agreement – Work Order Type RFP/BID [# and Title] Page 4 of 130 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate Services Agreement – Work Order Type RFP/BID [# and Title] Page 5 of 130 SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 2 , for 9860 Construction Management/General Contractor Services – Municipal Court Renovation a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collin s Work Order, titled , Work Order Number , dated the day of , , a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Services Agreement – Work Order Type RFP/BID [# and Title] Page 6 of 130 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Services Agreement – Work Order Type RFP/BID [# and Title] Page 7 of 130 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , , for 9860 Construction Management/General Contractor Services – Municipal Court Renovation, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of , , a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Services Agreement – Work Order Type RFP/BID [# and Title] Page 8 of 130 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Services Agreement – Work Order Type RFP/BID [# and Title] Page 9 of 130 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor’s general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: 9860 Construction Management/General Contractor Services – Municipal Court Renovation PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: WORK ORDER DATE: The Work performed under this Work Order, pursuant to the Contract Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: ________________, _____ TO: Gentlemen: You are hereby notified that on the day of , , the City of Fort Collins, Colorado, has accepted the Work completed by , for the City of Fort Collins Work Order, titled , Work Order Number under 9860 Construction Management/General Contractor Services – Municipal Court Renovation. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents, including the Work Order, which is dated , and the AGREEMENT, which is dated . In conformance with the Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ___________________, _____. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 9860 Construction Management/General Contractor Services – Municipal Court Renovation 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ______ day of __________, ___. CONTRACTOR: By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: WORK ORDER # & TITLE: ORIGINAL BID/RFP # & TITLE: 9860 Construction Management/General Contractor Services – Municipal Court Renovation CONTRACT DATE: WORK ORDER DATE: In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of _________ _, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE SECTION 00700 GENERAL CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a c onference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10. Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from OWNER; and no provision of this Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2. . SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. SC-6 CONTRACTOR’S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is aw arded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: WORK ORDER TITLE & NO. : ORIGINAL BID/RFP # & TITLE: 9860 Construction Management/General Contractor Services – Municipal Court Renovation DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COSTS $ ________________ TOTAL APPROVED CHANGE ORDER(S) $ ________________ TOTAL PENDING CHANGE ORDER(S) $ ________________ TOTAL THIS CHANGE ORDER $ ________________ TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ % TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ % ADJUSTED CONTRACT COST $ ________________ _________________ (Assuming all change orders approved) ACCEPTED BY: _____________________________________ DATE: ____________ Contractor's Representative ACCEPTED BY: _____________________________________ DATE: ____________ Project Manager REVIEWED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor SECTION 00960 PAYMENT APPLICATION Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00