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:
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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.
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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
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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.
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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
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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
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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
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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.
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• 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-
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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:
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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)
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RFP/BID [# and Title] Page 38 of 130
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
CONSTRUCTION WORK ORDER
FOR
9860 CONSTRUCTION MANAGEMENT/GENERAL
CONTRACTOR SERVICES – MUNICIPAL COURT
RENOVATION
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
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RFP/BID [# and Title] Page 39 of 130
TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
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RFP/BID [# and Title] Page 40 of 130
SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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RFP/BID [# and Title] Page 41 of 130
SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR OR CM/GC):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE: 9860 Construction Management/General Contractor
Services – Municipal Court Renovation
ENGINEER: D2C Architects
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). 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.
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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.
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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
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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.
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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: __________
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RFP/BID [# and Title] Page 47 of 130
BID SCHEDULE
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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: ___________________________________________
___________________________________________
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RFP/BID [# and Title] Page 3 of 130
Name & Title
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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
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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