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HomeMy WebLinkAboutRFQ/RFP - 10056 CM/GC Services for The Southeast Community CenterRFQ/P 10056 CM/GC Services for Southeast Community Center REQUEST FOR QUALIFICATIONS/PROPOSALS 10056 CM/GC SERVICES FOR SOUTHEAST COMMUNITY CENTER QUALIFICATION STATEMENTS/PROPOSALS DUE: 3:00 PM MDT (our clock), October 11, 2024 The City of Fort Collins (City) is seeking proposals from qualified Contractors for Construction Manager/General Contractor (CM/GC) services related to the design and construction of the Southeast Community Center in Fort Collins. As part of the City’s commitment to Sustainable Purchasing, proposals will need to 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 qualification statements/proposals through RMEPS. Qualification Statements/Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. A MANDATORY pre-proposal meeting will be held at 8:30 AM MDT on September 20, 2024. The pre-proposal meeting will be hosted online via Microsoft Teams. Click on the below link for access to the meeting. Please enter your name, company name, and email address into the chat as this is what will be used to create the sign-in for attendance. Microsoft Teams Join the meeting now (Please test link prior to meeting) Meeting ID: 260 338 964 671 Passcode: R7YLJi Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and conference ID. This option will only allow you to hear the audio presentation. Any participants that are calling in will must send email confirmation of their attendance to adhill@fcgov.com no later than 10:00 AM MT on September 20, 2024, include your phone number (number you called in with), full name and company name in the email. Call-in number: 1-970-628-0892 Phone Conference ID: 370 120 294# All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at adhill@fcgov.com, with a copy to Brooke Kardos, Wember-Assistant Project Manager at bkardos@wemberinc.com, no later than 3:00 PM MDT (our clock) on September 27, 2024. Please format your e-mail to include: RFQ/P 1056 CM/GC Services for Southeast Community Center 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. RFQ/P 10056 CM/GC Services for Southeast Community Center Rocky Mountain E-Purchasing System hosted by Bidnet: A copy of the RFQ/P may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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, 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 contractors 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 contractors and their subcontractors 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, the Contractor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. 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 and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for qualifications/proposals will be public information. New Contractors: The City requires new Contractors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Contractor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Contractor Reference Documents. Please do not submit with your proposal. 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. RFQ/P 10056 CM/GC Services for Southeast Community Center 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. 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 expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFQ/P 10056 CM/GC Services for Southeast Community Center I. GENERAL INFORMATION AND PROJECT TIMELINE & GOALS A. General Information This Request for Qualifications/Proposals (“RFQ/P”) is intended to identify a qualified Contractor to provide Construction Manager/General Contractor (CM/GC) services in support of the design and construction of the Southeast Community Center in Fort Collins (the Project). The City of Fort Collins (City) and Poudre River Public Library District (District) (jointly, Owners) will award the selected Contractor a Construction Work Order Type Agreement. The Southeast Community Center will be a collaborative effort between multiple partners who will occupy and utilize this facility. The facility will provide a vibrant, relevant, enduring, and innovative community destination for generations of residents of Fort Collins, the Poudre River Public Library District, and the Poudre School District by facilitating one-stop access to recreation, aquatics, library services, and resources. Through partnership in the creation and operation of this facility, it will maximize and enhance their investments. The new facility will provide increased convenience, enhanced services, and more varied uses than would be possible in separate facilities. The potential size and scope of the Project include approximately 50,000 to 90,000 of total indoor square footage, including approximately 25,000 SF for Poudre River Public Library District, 50,000 SF for City Recreation, and approximately 15,000 SF of outdoor square footage. Amenities could include but are not limited to: 1. Outdoor leisure aquatics 2. Indoor leisure aquatics and lap lanes 3. Community Center which includes innovation spaces, flex spaces, and creation spaces shared with the Poudre River Public Library District 4. Essential library space and innovation space 5. Gathering spaces 6. Office and support spaces 7. Indoor track 8. Childcare facility B. Project Timeline The Owners have awarded an agreement to Clark & Enersen, Inc. to provide design and engineering services for the Southeast Community Center and is now looking to hire a Contractor to provide CM/GC services. Below is the current anticipated schedule for the Southeast Community Center: a. Conceptual Design January 2025 b. 100% SD’s March 2025 c. 100% DD’s July 2025 d. 100% CD’s January 2026 e. Establish Guaranteed Maximum Price (“GMP”) February 2026 RFQ/P 10056 CM/GC Services for Southeast Community Center f. Construction Notice to Proceed (“NTP”) March 2026 g. Project Completion June 2027 II. PROJECT SCOPE OF WORK AND OTHER REQUIREMENTS A. CONTRACTOR Scope of Work The new Southeast Community Center will be at southeast corner of Ziegler Road and Rock Creek Drive in Fort Collins. The Project is currently in the Program Development phase and will continue as the Contractor is brought on board as an integral member of the Project Team. The awarded Contractor will be part of an integrated team and bring their experience and knowledge to every facet of the Project. The Owners expect 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. Attend all necessary work sessions with the Owners and Design Team to gather and distribute information on the Project as required. It is anticipated that attendance at two-hour sessions every week for the duration of the pre- construction period will be required. b. In conjunction with the Owners and Design Team, Contractor will prepare a budget and identify all Project-related construction costs, including (but not limited to) building and site construction, infrastructure improvement costs (on-site and off-site), construction within the right-of-way, permitting, and other such costs that may be of consequence to the Owners. c. Provide value engineering and life-cycle costing for all materials, equipment and systems mutually agreed upon to determine the best possible value to the Owners. Conduct formal value engineering work sessions with the Owners and the Design Team and recommend design details, systems, and assembly alternatives. d. Prepare and monitor estimates of the construction cost during each of the design phases based on detailed quantity surveys of the Project drawings and specifications. Advise the Owners and the Design Team if it appears that the construction budget will not be met and make recommendations for corrective action. Prepare and update with each cost estimate a reconciliation report comparing the previous cost estimate, the current cost estimate, and the approved budget. e. Review the drawings and specifications as they are prepared and recommend alternate solutions whenever design details affect budget, schedule, constructability, and consistency with local and traditional trade practices. f. Contractor to provide Building Information Modeling (BIM) and coordination and provide any conflicts that will affect constructability. Contractor will work with the Project Team to determine Level of Development (LOD). RFQ/P 10056 CM/GC Services for Southeast Community Center g. Recommend a strategy for bid packaging the drawings and specifications relative to the Project approach and other pertinent considerations. Administrate the various bid packages for the Project. h. Identify and submit proposals for the long lead items. i. Provide a designated representative to participate in the design effort, which will begin upon execution of the Preconstruction Support Services Work Order. j. The Contractor is required to provide the following skills, knowledge, and expertise during the Preconstruction Support Services phase of the Project. The following are the minimum requirements: i. The skills and knowledge to estimate quantities of materials, labor, and equipment, means & methods needed to construct the Project 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 an initial list of sub-contractor pricing and materials input k. Design Reviews (collaborative design development): Participate in formal design reviews. For each review, the Contractor may be asked to perform any or all of the following tasks: i. Provide constructability reviews ii. Provide construction cost estimates at strategic times in the design process. Assume (4) four estimates throughout the design process. Contractor will also maintain a trend log. Estimates should be conducted in-house, minimizing engagement with the subcontractor community as feasible. Contractor should have the in-house capability to perform detailed estimates based on past experiences with minimal subcontractor input. iii. Perform a risk assessment in terms of cost, quality, and schedule iv. Develop construction schedules v. Provide value engineering to reduce risk, cost, and schedule vi. Engage and coordinate with stakeholders and design team RFQ/P 10056 CM/GC Services for Southeast Community Center 2. 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. Owners reserve the right to review all subcontractor bids. A minimum of 3 quotes are required for the subcontractor procurement process unless otherwise approved by the Owners. Upon the Owner’s review and 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 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 Owners and Project. d. Assist Project Team with periodic reporting of Project status, expenditures and any additional information for grant and/or funding sources. 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. Perform all quality control testing and inspections in coordination with the Owner’s consultants. All such tests and inspections shall be subject to the Owner's written review and approval. h. Meet all licensing requirements as set forth by the City of Fort Collins for both Contractor and subcontracted work. i. Contractor will be REQUIRED to use Owner’s Procore. j. Provide services to manage participation in the City’s Project close-out procedures and coordinate trades to correct any issues during the Project warranty phase. k. The Contractor construction team used for the RFQ/P interviews will be the same team used on the Project by the Contractor. If, at any time, the Owners determine the Contractor construction team has been changed, the Owners reserve the right to terminate the contract and procure the construction of the Project by other means. l. If a change of team member is needed, Contractor will be required to propose options for new personnel to the Owners approval RFQ/P 10056 CM/GC Services for Southeast Community Center m. At any time, if the Owners determine that personnel on the construction team is not fit to continue, the Owners reserve the right to request personnel change as needed. n. The City of Fort Collins has developed a Building Design and Construction Standards Manual. The design will follow these standards unless exempted by the City. This manual is available online and can be viewed at: http://www.fcgov.com/opserv/design-standards.php o. All final construction work must comply with the latest adopted Americans with Disabilities Act (ADA) as detailed at https://www.ada.gov/ p. 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 q. Required to fill out City of Fort Collins Waste Management Plan Form. 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. r. Required to provide dumpsters for recycling and to coordinate the location of dumpster(s) with the Owners personnel before construction begins. s. 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 online and can be viewed at: https://www.fcgov.com/opserv/pdf/dsgnstnds/qa-qc-plan.pdf. t. 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. u. Ensure a clean and safe work site at all times. v. Required to pull all appropriate State, County, and Fire permits. w. Required to coordinate all necessary Larimer County building inspections. x. Required to coordinate all special inspections with the Larimer County building inspector. Contact information will be provided to the Contractor prior to work beginning. y. 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. z. Required to Install all infrastructure/rough-in work associated with IT, Controls, and Solar PV systems. i. Owners-provided IT Contractor will pull wires and complete the data work associated with the Project. ii. Required to coordinate with the OwnersIT Department, controls, and PV contractor for scheduling the installation of data cabling and Access Control. RFQ/P 10056 CM/GC Services for Southeast Community Center 3. Construction Contract Price Negotiations When the Owners, 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 construction elements of the Project, Construction Contract Price Negotiations (price negotiations) will commence. This milestone is typically reached at 95% CD’s (permit drawings). 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 preconstruction 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 Owners. At the Owner’s discretion, the Owners 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 Owners 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 Owners 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 Owner’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 Owners. iii. Upon reviewing the Contractor’s price for the Owners 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 Owners determine the price is acceptable, the Owners 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 Owners 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. RFQ/P 10056 CM/GC Services for Southeast Community Center vi. Following the price negotiation meeting, the Construction Contract Negotiations will enter subsequent iterations of the above-noted process. vii. The Owners reserve the right to require the Contractor to enter into “open book” cost model price negotiations at any time through this process, where 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 Trades contractor. Only the agreed upon fee can be added to these cost. If the Contractor plans to use equipment from their fleet the rates shall be comparable to those from a rental yard. See below for the Owner’s “open book” negotiation requirements. viii. At any time, if the Owners determine that an agreement cannot be successfully negotiated, the Owners reserve the right to end Construction Contract Cost Negotiations and procure the construction of the Project by other means. If the Owners 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 Owners, to the extent necessary to permit the Owners to determine the reasonableness of the construction price. The Contractor shall provide cost or pricing data, broken down by individual work items, 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 Owners: • Material: Furnish quotes and/or material invoices showing the cost of material to be incorporated into 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. RFQ/P 10056 CM/GC Services for Southeast Community Center • 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. • 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. B. Owners Expectations and Delivery Schedule Partnering The Owners and Design Team expect a partnering relationship with the selected Contractor. A formal Partnering Session may be held with the selected Contractor and Owners Team members, Architect, Engineers, and Landscape Architect soon after the selection process is completed. The Owners 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. Key Staff The Owners 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 Owners approval, the Owners reserve the right to terminate the Contract. The Owners expect the Contractor to request approval for any changes in staffing if they will differ from those identified in the proposal. Communication The Owners expect open and honest communication related to Project activities including subcontractor performance, cost control, schedule control, budget and quality issues as they may arise. The Owners expect communication to occur directly through the established chain of command which may involve working directly with, receiving direction from, and coordinating with Owners assigned personnel. Contract Management The Owners expect 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 Owners expectthe Contractor to work with its Project Manager to gain approval and processing of these documents in a coordinated fashion. Performance Standard The Owners expect Contractor performance to a standard that exceeds industry-accepted parameters. The Owners expect to pay fairly for all work performed and expects the Contractor to be profitable. Services and Construction Agreements, and Work Order Process The Contractor will be required to sign the Owner’s Services Agreement Work Order-type, similar to the Sample Agreement found in Section VI. Based on this Agreement, a Work RFQ/P 10056 CM/GC Services for Southeast Community Center Order for the pre-construction Work will be issued. The preconstruction services shall include (at minimum) review of designs for constructability, review of site layout and grading, estimating the cost of different options, alternatives, and components, providing opinions and recommendations on suitable methods and approaches to accomplish the work, offering 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 preconstruction services, the Contractor will be required to sign a Construction Work Order. A sample construction Work Order is included in Section VI. 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 preconstruction services Work Order. C. Anticipated RFQ/P Schedule The following represents the Owner’s target schedule for the RFQ/P. The Owners reserve the right to amend the target schedule at any time. • Pre-Proposal Meeting: 8:30 AM MDT, September 20, 2024 • Question deadline: 3:00 PM MDT, September 27, 2024 • Final Addendum Issued: October 3, 2024 • Quals/Proposal due date: 3:00 PM MDT (our clock), October 11, 2024 • Interviews: October 31 and/or Nov. 1, 2024 (tentative) • Award of Contract: Week of November 18, 2024 (tentative) D. Interviews In addition to submitting a written proposal, the top-rated Contractors may be invited by the RFQ/P assessment team and asked to participate in an oral presentation to provide an overview of the company and its approach to the Project, as well as to address questions. Shortlisted firms will be asked to submit fees prior to the interview. Instructions and fee proposal forms/details will be sent with the notice of shortlist and interview. E. Laws and Regulations The Contractor agrees to comply fully with all applicable local, State of Colorado, and Federal laws and regulations and municipal ordinances. F. Fees, Licenses, Permits RFQ/P 10056 CM/GC Services for Southeast Community Center The successful Contractor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the Owners. All equipment shall be properly licensed and insured, carry the appropriate permits, and be placarded as required by law. G. Hours Working hours are from 7:00 am to 5:00 pm Monday through Friday and does not include recognized holidays. The Owners Project Manager may agree, in writing, to weekend or night work if required. H. Subcontractors Contractor will be responsible for identifying any subcontractors in their proposal. Please note that the Owners will contract solely with the awarded Contractor; therefore, subcontractors will be the responsibility of the Contractor. I. Standard of Conduct 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 Owners 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 Owners. All Owners-owned or operated facilities and their grounds are non-smoking sites. J. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to Brook Kardos, bkardos@wemberinc.com. 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 agreed-to prices described in the Agreement. In the event a service is requested which is not provided in the Agreement, the Contractor and the Owners will negotiate an appropriate unit price for the service prior to the Contractor initiating such work. The City pays invoices on Net 30 terms. RFQ/P 10056 CM/GC Services for Southeast Community Center III. PROPOSAL SUBMITTAL Contractor firms that have the requisite experience and qualifications are encouraged to submit proposals. It is highly recommended to limit proposals to forty (40) single-sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers, financial information, bonding company references, and Section V, Acknowledgement form). Font shall be a minimum of 10 Arial, and margins are limited to no less than .5” for sides and top/bottom. Please, no embedded documents. The Owners shall not reimburse any firm for costs incurred in the preparation and presentation of their qualifications statement/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 Anticipated RFQ/P Schedule section. B. Contractor Information 1. Describe the Contractor’s business and background, as well as provide a brief summary/overview of services the firm offers 2. Provide general contracting licenses held by the firm 3. Number of years in the business 4. Size of the firm 5. Details about ownership, including the date the firm was established, how the firm is organized, and previous names of the firm in the last ten (10) years (if applicable) 6. Location(s) of the firm’s offices; if multiple, please identify which will be the primary for our account 7. Primary corporate contact information, including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s); complete Section V, Acknowledgement 8. At this time, proposing firms DO NOT need to submit fees as a part of their qualifications statement/proposal; fees will be requested from shortlisted/interviewing firms prior to their scheduled interview. As a part of their qualifications statement/proposal, proposing firms are to provide the following: a. Financial Standing: Provide details of your firm’s financial standing; including your available credit and banking reference (provide name, address, and phone number). A recent financial statement detailing current assets and liabilities may be required upon request. b. Bonding Company Reference: Provide the name, address, and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate to undertake this work. RFQ/P 10056 CM/GC Services for Southeast Community Center c. 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 VI, Sample Agreement). i. Does coverage meet minimum Project requirements? ii. Does coverage include builder’s risk? iii. Can this coverage be extended for work on this Project? iv. Can coverage be increased? v. Can the Owners be listed as an additional insured? vi. Are there any current claims that will affect coverage limits available for this Project? C. Scope of Proposal If awarded the contract per the scope above, provide a detailed narrative of the services proposed. The narrative should include any options that may be beneficial for the Owners to consider. 1. Preconstruction and Construction Sequencing/Scheduling a. What makes your preconstruction services unique? What tools do you use to enhance the process? How will your preconstruction services benefit the Owners? Describe your approach and how you schedule, plan, and manage the preconstruction phase of the Project. b. Describe the scheduling software your firm typically uses for sequencing tasks and scheduling subcontractors, materials, and equipment. The Owners will require that industry-recognized software be used to develop and manage the Project schedule. c. Describe the way in which your firm develops, maintains, and updates Project schedules for projects of this size and nature. d. 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. e. Describe your approach to the schedule, specifically identifying what you believe will be most important or critical to the schedule and if you believe a construction timeline is achievable. 2. Project Budget and Cost Control a. Describe your approach to developing cost estimates through preconstruction. 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 project timeline outlined in Section I. B. above affects your approach to pricing. d. Describe your approach to be transparent or open book when developing the GMP for this Project in cooperation with the Project Team. 3. Trade Subcontractors & Self Performed Work Provide a listing of subcontractors for major trades your firm plans to engage to meet the City’s and Library District’s procurement requirements. Explain your relationship with these firms, how long they have worked with you on projects, and generally how RFQ/P 10056 CM/GC Services for Southeast Community Center your subcontractor procurement process works. Give examples of situations where these firms have performed to tight timeframes and accelerated schedules. Provide a full list of work that could potentially be self-performed on the Project, and an estimate for the percent of the construction Project you plan to self-perform. 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 Owners anticipate working with the Contractor to develop this cost for all known quantities of the Project. For unknown circumstances, the Owners anticipate negotiating allowances or contingencies to complete the work. The final not to exceed Project cost will be established as a GMP including a detailed bid schedule. 5. Method of Construction Submit a written narrative explaining your approach to the construction phase of the Project and achievement of the Project goals described in Section II. A. 2, Construction Requirements. 6. 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. D. Firm Capability 1. Company Resources & Assigned Personnel Provide an organizational chart for the resources proposed to be used on this Project and identify the main point of contact for the Project. Provide the names and resumes of proposed key Project staff, including the preconstruction team, proposed project manager, and construction project superintendent, and who will be our main point of contact. Detail the availability and commitment of the proposed staff. (Note: key personnel must be committed to this Project for its duration unless excused by the Owners. This requirement is non- negotiable.) 2. Relevant Project Experience Provide a brief project description and history of no more than 6 projects (3) Aquatics projects in the last (10) years and (3) Library projects in the last (7) years, similar in scope and delivery method to this project, completed in the last 5 years. Highlight the team members listed above who work on these projects. Include the following information: a. Project description that includes the project name, the design team's firms, 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. RFQ/P 10056 CM/GC Services for Southeast Community Center c. Type of project delivery model used. d. Original contract cost. e. Cost at completion. f. Original contract time and actual completion time. g. 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. E. 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 GC or subcontractor on the job site and provide a narrative of the citations. F. Sustainability/TBL Methodology The Owners will retain the services of an independent Sustainability Consultant during the design and construction phases. The Contractor shall cooperate with the Sustainability Consultant in all matters relating to the design and during construction, including peer review of all sustainability-related items. The Owner’s requirement is a minimum of LEED Gold with the goal of net zero. 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. 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 a demonstration of working within cultural and language gaps, development of diversity programs, RFQ/P 10056 CM/GC Services for Southeast Community Center 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. 3. Provide the list of LEED Projects you have completed in the last 5 years and the level of certification achieved or anticipated. G. Additional Information Provide any information that distinguishes Contractor from its competition and any additional information applicable to this RFQ/P that might be valuable in assessing Contractor’s proposal. Explain any concerns Contractor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Sample Agreement (a sample of which is attached in Section VI) shall be documented. The City makes no guarantees to change the Agreement but may consider the exceptions. RFQ/P 10056 CM/GC Services for Southeast Community Center IV. REVIEW AND ASSESSMENT CRITERIA A. Qualifications Statement/Proposal and Interview Criteria Contractors will be evaluated based on the following criteria. These criteria will be the basis for reviewing and assessing the written qualification statements/proposals and new review and assessment criteria will be created for the interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.5 Scope of Proposal Does the proposal address all elements of the RFQ/P? Does the proposal show an understanding of the Project objectives, the methodology to be used in the completion of construction, and the results that are desired from the Project? Does the written Project approach reflect a good balance between preconstruction and construction efficiency and the ability to complete the Project? Does the method of preconstruction and construction, as well as the Project approach, reflect innovation and potential for significant cost savings measures and construction efficiencies? Can the target start and completion dates be met? Are the budget development and cost control factors presented in the proposal reflective of or striving to exceed industry standards? Does the firm offer a reasonable way to approach the development of the GMP? 3.0 Firm Capability – Company Resources & Assigned Personnel Does the firm have the resources, financial strength, capacity, and support capabilities required to successfully complete the Project on time and in budget? Are other qualified personnel available to assist in meeting the Project schedule if required? Does the proposed team have the necessary skills and experience to fulfill the requirements of the Project? Is the key staff available to do the work and remain with the Project for its entirety? 2.0 Firm Capability – Relevant Project Experience Has the firm worked on projects similar in scope to this Project? Does the firm have the experience necessary for this Project? Do the referenced projects reflect favorably with RFQ/P 10056 CM/GC Services for Southeast Community Center etc.? 1.0 Safety Record Does the firm provide an “OSHA Illness/Injury Rate”, “OSHA Lost Workday Incidence Rate” and Workers Compensation Experience Modification Rate Insurance Multiplier that are better than industry standard? 1.50 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line (TBL) methodology in both their Scope of Work for the Project, and in their day-to-day business operating processes and procedures? B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Contractor again? Did they show the skills required by this Project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Contractor responsive to Owners needs; did the Contractor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the Project budget? Job Knowledge If a study, did it meet the Scope of Work? If Contractor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFQ/P 10056 CM/GC Services for Southeast Community Center V. ACKNOWLEDGEMENT Contractor hereby acknowledges receipt of the Owners Request for Qualifications/Proposals 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 RFQ/P 10056 CM/GC Services for Southeast Community Center and sample Agreement except as otherwise noted. Additionally, Contractor hereby makes the following representations to the Owners: 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 Owners within 10 days of notice of award. If contract is not completed and signed within 10 days, Owners reserve 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. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under Colorado Open Records Act (CORA). Contractor hereby waives any and all claims for damages against the Owners for the Owner’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFQ/P 10056 CM/GC Services for Southeast Community Center VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT WORK ORDER TYPE THIS SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in Section 4 below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and POUDRE RIVER PUBLIC LIBRARY DISTRICT (DISTRICT) (jointly, OWNERS); and , a(n) Corporation (CONTRACTOR). 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 100056 CMGC Services for the Southeast Community Center, issued by the CITY and countersigned by the DISTRICT. The conditions set forth herein shall apply to all services performed by the Contractor on behalf of the OWNERS and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, samples 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 OWNERS 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, Contractor shall be solely responsible for performance of all duties hereunder. b. The OWNERS 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 OWNERS reserves the right to independently bid any services rather than issuing work to the Contractor pursuant to this Agreement. Nothing within this Agreement shall obligate the OWNERS to have any particular service performed by the Contractor. RFQ/P 10056 CM/GC Services for Southeast Community Center 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 OWNERS, 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 Contractor 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 Contractor must provide written notice to the OWNERS of such condition within ten (10) days from the onset of such condition. 6. Early Termination by OWNERS/Notices. Notwithstanding the time periods contained herein, the OWNERS may terminate this Agreement at any time without cause by providing written notice of termination to the Contractor. 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: CONTRACTOR: CITY: Copy to: Attn: Eric Cluver PO Box 580 Fort Collins, CO 80522 ecluver@fcgov.com Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com Attn: Ken Draves Webster House Administration Center 301 E. Olive St. Fort Collins, CO 80524 kdraves@poudrelibraries.org In the event of early termination by the OWNERS, the Contractor shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Contractor's obligations under this Agreement. Contractor shall submit a final invoice within RFQ/P 10056 CM/GC Services for Southeast Community Center 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 Contractor'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 OWNERS 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. 8. Payments. a. The City agrees to pay and the Contractor 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 Contractor following the submittal of a correct itemized invoice by the Contractor. Payment shall be made by the City only upon acceptance of the work by the OWNERS and upon the Contractor 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 OWNERS, 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 OWNERS shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. Liquidated Damages. OWNERS and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNERS 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 OWNERS if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNERS and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNERS the amount set forth in each Work Order. 11. City Project Manager. The CITY’s and DISTRICT's Project Manager will be shown on the specific Work Order and shall make, within the scope of the Project Managers' authority, all RFQ/P 10056 CM/GC Services for Southeast Community Center necessary and proper decisions with reference to the Service(s) requested in consultation with the DISTRICT's Project Manager, Ken Draves. PROFESSIONAL is entitled to rely on representations and instructions from the CITY's Project Manager who is the authorized agent of the DISTRICT for purposes of communications concerning any Work Order signed by both Project Managers. 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Contractor is an independent contractor responsible to the OWNERS 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 OWNERS. 13. Subcontractors/subconsultants. Contractor may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the OWNERS, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the OWNERS), 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 OWNERS, nor will it obligate the OWNERS 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 OWNERS to the same extent as the work of the Contractor. 14. Personal Services. It is understood that the OWNERS enters into the Agreement based on the special abilities of the Contractor and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Contractor shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the OWNERS. 15. Acceptance Not Waiver. The OWNERS'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. Contractor 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 OWNERS. c. Contractor warrants all equipment, materials, labor and other work, provided under this Agreement, except OWNERS-furnished materials, equipment and labor, against defects RFQ/P 10056 CM/GC Services for Southeast Community Center 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 Contractor or by any of its subcontractors/subconsultants of any tier. Upon receipt of written notice from OWNERS of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Contractor in a manner and at a time acceptable to OWNERS. 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 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 Contractor agrees to indemnify and save harmless the OWNERS, 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 any 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 Contractor shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Contractor's obligations hereunder, the Contractor shall provide and maintain insurance coverage naming the City of Fort Collins and Poudre River Public Library District as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) page(s), RFQ/P 10056 CM/GC Services for Southeast Community Center attached hereto, and incorporated herein by this reference. The Contractor 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 OWNERS. 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. 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 contractors 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 Contractors and their subcontractors/subconsultants at every tier. 24. Dust Control. The Contractor shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at RFQ/P 10056 CM/GC Services for Southeast Community Center 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. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: POUDRE RIVER PUBLIC LIBRARY DISTRICT By: _____________________ Date: _____________________ APPROVED AS TO FORM: CONTRACTOR'S NAME By: Printed: RFQ/P 10056 CM/GC Services for Southeast Community Center Title: Date: EXHIBIT A WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND CONTRACTOR'S NAME WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFQ/P NUMBER & NAME: 10056 CM/GC Services for Southeast Community Center 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: Contractor 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. CONTRACTOR: Date: Name, Title ACCEPTANCE: Date: Eric Cluver, Lead Sr Facilities Project Manager ACCEPTANCE: Date: RFQ/P 10056 CM/GC Services for Southeast Community Center LeAnn Williams, Director of Recreation REVIEWED: Date: Adam Hill, Senior Buyer ACKNOWLEDGED: Date: Ken Draves, District Project Manager ACCEPTANCE: Date: Gerry Paul, Purchasing Director If > $60K RFQ/P 10056 CM/GC Services for Southeast Community Center EXHIBIT B WORK ORDER FORM (Construction over $100,000) CONSTRUCTION WORK ORDER FOR 10056 CMGC SERVICES FOR SOUTHEAST COMMUNITY CENTER WORK ORDER NO. TITLED (WORK ORDER TITLE) DATE: CONTRACTOR: RFQ/P 10056 CM/GC Services for Southeast Community Center TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment RFQ/P 10056 CM/GC Services for Southeast Community Center SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed RFQ/P 10056 CM/GC Services for Southeast Community Center SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO (CONTRACTOR): WORK ORDER # & TITLE: PURCHASE ORDER: ORIGINAL BID/RFQ/P # & TITLE: 10056 CM/GC Services for Southeast Community Center ENGINEER: OWNER’S REPRESENTATIVE: NOTICE OF AWARD DATE: OWNERS: City of Fort Collins and Poudre River Public Library District (hereinafter referred to as OWNERS) 1. WORK. You are hereby notified that your bid dated , for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNERS dated , you have been awarded a Work Order for this Work Order Description: A. See Section 01100 – Summary of Work. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is ($ ). 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. OWNERS and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNERS 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 OWNERS if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNERS and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNERS 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. RFQ/P 10056 CM/GC Services for Southeast Community Center 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. OWNERS 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, OWNERS 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 OWNERS may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of OWNERS, on recommendation of Engineer, OWNERS determine that the character and progress of the Work have been satisfactory to OWNERS and ENGINEER, OWNERS 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 OWNERS 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 OWNERS 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, OWNERS 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 OWNERS 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. RFQ/P 10056 CM/GC Services for Southeast Community Center 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 OWNERS 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 RFQ/P 10056 CM/GC Services for Southeast Community Center 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. OWNERS 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. One (1) electronic copy 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. One (1) electronic set 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 OWNERS one (1) electronic 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. RFQ/P 10056 CM/GC Services for Southeast Community Center Failure to comply with these conditions within the time specified will entitle OWNERS to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNERS 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: RFQ/P 10056 CM/GC Services for Southeast Community Center 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: _____ Eric Cluver, Lead Senior Facilities Project Manager ACCEPTANCE: Date: _____ LeAnn Williams, Director of Recreation ACCEPTANCE: Date: _____ Diane Lapierre, Poudre Libraries Executive Director OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Kelly DiMartino, Interim 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: __________ RFQ/P 10056 CM/GC Services for Southeast Community Center BID SCHEDULE RFQ/P 10056 CM/GC Services for Southeast Community Center SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFQ/P # & TITLE: 10056 CM/GC Services for Southeast Community Center 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 OWNERS. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNERS. That the OWNERS 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 (CITY) By: ___________________________________________ ___________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Name & Title RFQ/P 10056 CM/GC Services for Southeast Community Center 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 RFQ/P 10056 CM/GC Services for Southeast Community Center 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 "OWNERS", 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 OWNERS, dated the day of , 2 , for 10056 CM/GC Services for Southeast Community Center 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 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 OWNERS, 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 OWNERS from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNERS all outlay and expense which the OWNERS 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 OWNERS 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 OWNERS. RFQ/P 10056 CM/GC Services for Southeast Community Center 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. RFQ/P 10056 CM/GC Services for Southeast Community Center 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 "OWNERS", 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 OWNERS, dated the day of , , for 10056 CM/GC Services for Southeast Community Center, 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 OWNERS 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 OWNERS. RFQ/P 10056 CM/GC Services for Southeast Community Center 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. RFQ/P 10056 CM/GC Services for Southeast Community Center 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 OWNERS, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the OWNERS 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 OWNERS, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the OWNERS 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 OWNERS, 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 $5,000,000 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. C. The City of Fort Collins and the Poudre River Public Library District, its officers, RFQ/P 10056 CM/GC Services for Southeast Community Center agents, employees and applicable additional parties 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 the Agreement. D. Primary Coverage. For any claims related to the Agreement, Contractor’s insurance shall be primary coverage, and any insurance or self-insurance maintained by the City, its officers, agents and employees shall be in excess of the Contractor’s insurance and shall not contribute with it. E. Waiver of Subrogation. Contractor will grant to the OWNERS a waiver of any right of subrogation which any insurer of Contractor may acquire against the OWNERS by virtue of any payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the OWNERS has received a waiver of subrogation endorsement from the insurer. 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 by a subcontractor, which liability is not covered by the subcontractor's insurance. Provide a sample insurance certificate outlining coverage and policy limits or a letter from the firm’s insurance agency stating limits in these categories. Provide the name, address and phone number of the firm’s insurance agent(s). SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS AND POUDRE RIVER PUBLIC LIBRARY DISTRICT (OWNERS) WORK ORDER # & TITLE: DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFQ/P # & TITLE: 10056 CM/GC Services for Southeast Community Center PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: CONTRACTOR: WORK ORDER DATE: The Work performed under this Work Order, pursuant to the Contract Documents, has been inspected by authorized representatives of the OWNERS, 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 OWNERS 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: __________________________ ________ CITY AUTHORIZED REPRESENTATIVE DATE POUDRE RIVER PUBLIC LIBRARY DISTRICT By: _______________________ ________ DISTRICT 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 10056 CM/GC Services for Southeast Community Center. 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 CITY By: ___________________________________________ ___________________________________________ Name & Title Poudre River Public Library District DISTRICT By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado and Poudre River Public Library District (OWNERS) FROM: (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFQ/P # & TITLE: 10056 CMGC Services for Southeast Community Center 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNERS for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNERS 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 OWNERS or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNERS, 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 OWNERS or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNERS, 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 OWNERS 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 OWNERS, 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 and Poudre River Public Library District (hereinafter referred to as the "OWNERS") CONTRACTOR: WORK ORDER # & TITLE: ORIGINAL BID/RFQ/P # & TITLE: 10056 CMGC Service for Southeast Community Center CONTRACT DATE: WORK ORDER DATE: In accordance with the provisions of the Work Order and Contract between the OWNERS and the CONTRACTOR as indicated above, for the Work Order titled on bond of _______________________________________ 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 OWNERS, 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 OWNERS 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 OWNERS 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 conference 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 OWNERS; 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. Poudre River Public Library District, 301 E. Olive St., Fort Collins, Colorado 80524 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 OWNERS. 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 awarded 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 OWNERS 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/RFQ/P # & TITLE: 10056 CMGC Services for Southeast Community Center 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 ACCEPTANCE: Date: Eric Cluver, Lead Sr Facilities Project Manager ACCEPTANCE: Date: LeAnn Williams, Director of Recreation REVIEWED: Date: Adam Hill, Senior Buyer ACKNOWLEDGED: Date: Ken Draves, District Project Manager ACCEPTANCE: Date: Gerry Paul, Purchasing Director If > $60K SECTION 00960 PAYMENT APPLICATION Section 00960