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Home My WebLink AboutRFP - 10115 Minor Carpentry Construction and RenovationRFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 1 of 125 REQUEST FOR PROPOSAL 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION RFP DUE: 3:00 PM MT (Mountain Time), March 28,2025 The City of Fort Collins is seeking multiple Contractors to provide carpentry and related construction renovation services on an on-call basis. Services will include, but not limited to wood and steel stud framing, siding, window and door installation, finish work, small drywall jobs (under 500 sq. ft.), painting, ceilings, flooring, concrete, mechanical, electrical, structural demolition, limited mechanical installations such as attaching interior commercial hardware and other miscellaneous trades on City property. A successful Contractor will demonstrate the ability to self-perform or subcontract all divisions of work required. Work may be interior or exterior and could occur in occupied/partially occupied spaces. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. A pre-proposal meeting will be held at 2:00 PM on March 7, 2025. The pre-proposal meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your browser for access to the meeting. Please be prepared to announce your name and mute your microphone: Join the meeting now Meeting ID: 247 673 038 216 Passcode: rv3zT6xV 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. Call-in number: +1 970-628-0892 Conference ID: 419 775 641# Mandatory Site visit will be located at 700 Wood Street Fort Collins CO. 80521 in the Lobby on March 10, 2025, at 9:00 AM. All questions should be submitted, in writing via email, to Dennis Ralph, Senior Buyer at dralph@fcgov.com, with a copy to Mark McLean, Project Manager, at mmclean@fcgov.com, no later than 3:00 PM MT on March 12, 2025. Please format your e- mail to include: RFP 10115 Minor Carpentry Construction and Renovation in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 2 of 125 A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 15538 Field Offices and Sheds, Construction Type 91006 Carpentry Maintenance and Repair Services 91427 Carpentry Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Contractor(s) to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Contractor(s) and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Contractor(s)Registration: The City requires new Contractor(s) receiving awards from the City to submit IRS form W-9 and requires all Contractor(s) to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 3 of 125 Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive, or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. 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(s)shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 4 of 125 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is seeking multiple Contractors to provide carpentry and related construction renovation services on an on-call basis. Services will include, but not limited to wood and steel stud framing, siding, window and door installation, finish work, small drywall jobs (under 500 sq. ft.), painting, ceilings, flooring, concrete, mechanical, electrical, structural demolition, limited mechanical installations such as attaching interior commercial hardware and other miscellaneous trades on City property. A successful Contractor will demonstrate the ability to self-perform or subcontract all divisions of work required. Work may be interior or exterior and could occur in occupied/partially occupied spaces. There is no guaranteed minimum amount of services to be ordered. No work order exceeding $300,000 will be issued unless approved by the Director of Purchasing. Work Orders in excess of $60,000 will undergo a competitive process among the awarded qualified pool of Contractors. All estimates of work shall include a line item breakout of costs by major cost codes based on the Construction Specifications Institute (CSI) division to include a breakout of Overhead and Profit, subcontractor markup, and any miscellaneous expenses. Subcontractor shall also be identified by name with a brief description of their scope. The City reserves the right to furnish any or all materials. The contract(s) will be for one (1) year with up to four (4) additional one year renewals. This Agreement is administered by the Operations Services Department but may be utilized by other City Departments. The City intends to enter into a Services Agreement – Work Order Type Contract with one or multiple general contractors on an on-call, as required basis. At the City’s discretion, the City reserves the right to bid projects independent of the contracts awarded under this RFP. The City of Fort Collins reserves the right to reject all proposals and re-solicit, if deemed to be in the best interest of the City. The first project (Work Order) anticipated to be awarded under the contract(s) have been identified and are to be quoted and evaluated as part of this RFP process: 1. 700 Wood Street Fort Collins CO. 80521 – Lobby Area Restroom Renovation Project Attachment A for Drawings Attachment B for Specifications B. Background Fort Collins is a vibrant community of approximately 175,000 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 24,000 college students. City of Fort Collins staff manages and maintains a diverse group of facilities which includes different occupancy types, vintages, historic, and other structures. Examples of the types of buildings include, but are not limited to, office, police, fleet maintenance, recreation, Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 5 of 125 aquatics, fire stations, and parking facilities. Repairs and renovations of these facilities are on-going throughout a given year. The Operation Services Department is seeking to engage a minimum of three (3) contractors qualified to complete repairs, small renovations, and other smaller construction projects. Work may include also include minor structural repairs. II. SCOPE OF PROPOSAL A. Scope of Work A. Construction Requirements 1. Provide site security and protection during construction. Provide all site safety management and compliance with OSHA standards and criteria. If applicable, implement a site safety program that is reported on regularly. 2. Provide for quality control program that meets or exceeds minimum job/contract document and industry standards. Coordinate and perform all quality control testing and inspections with the City’s third party inspection vendor. All such tests and inspections shall be subject to the City’s written review. 3. Meet all licensing requirements as set forth by the City of Fort Collins. 4. Comply with all City of Fort Collins building code requirements, including ICC A-117.1 and the Americans with Disabilities Act. 5. Obtain building permit(s), if applicable. 6. Provide services to manage participation in project close out process and needs during the project warranty period. 7. At any time, if the City determines that an individual on the construction team is not fit to perform the work, the City reserves the right to direct the Contractor to make an immediate personnel change. 8. The City of Fort Collins has developed a Building Design & Construction Standards Manual. The Contractor(s) will comply to these standards unless exempted in writing by the City. This manual is available on line and can be viewed at: http://www.fcgov.com/opserv/design-standards.php 9. Required to adhere to the City of Fort Collins Dust Prevention and Control Manual which is available for public download at: http://www.fcgov.com/airquality/pdf/dust-prevention-and-control- manual.pdf and is incorporated herein by this reference. 10. Required to adhere to the City of Fort Collins Construction Waste and Recycling requirements which is available for public download at: https://www.fcgov.com/recycling/constructiondebris. Regardless of the size or complexity of the project, the City desires to reuse and recycle materials as much as practical. 11. Contractor(s) will not receive final payment until the Waste Management Plan has been provided and filled out with back-up. 12. Required to provide dumpsters for recycling and to coordinate the location of dumpster(s) with the City of Fort Collins personnel before construction begins. Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 6 of 125 13. All Agreement forms must be filled out and coordinated with the City of Fort Collins as necessary. 14. Any damage caused by the Contractor to any property, buildings, parking lot, site, or 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. 15. Ensure a clean and safe work site at all times. 16. Required to pull all appropriate State, City, and Fire permits. Other permits may include but are not limited to: right-of-way permits, signage permits, flood plain permits, etc. 17. Contractor(s) will be required to coordinate all necessary City of Fort Collins building inspections. 18. Contractor(s) will be required to coordinate all special inspections with the City of Fort Collins third party inspector. Contact information will be provided to the Contractor(s) prior to work beginning. 19. The City of Fort Collins has released smoking restrictions in certain areas. Smoking on any City owned property is prohibited. If smoking is necessary, employees can smoke in their personal vehicles. Please go to: fcgov.com/smokefree for more information. 20. Coordinate with the City Project Manager during the course of all repair, renovation, and construction activities. B. RFP Submittal Requirements 1. Complete the Proposal Qualification document. See Section III. 2. Prepare a detailed quote to construct the 700 Wood Street Lobby Restrooms Attachment A Drawings Attachment B Specifications 3. Complete Attachment C 4. The quote for each project is to include a detailed cost breakdown for all project elements including but not limited to: a. Labor hours and rates by job classification b. Schedule of values for materials including item description, quantity, price each and price extended c. Subcontractor cost detail d. Other costs required to execute the project B. Minimum Qualifications Outline specific experience, certifications, licenses, etc., that Contractor must have to be considered for this contract. Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 7 of 125 1 Provide experienced carpentry and related construction services as required by Work Orders. 2 Carry insurance levels as indicated in attached Services Agreement. 3 Maintain a local telephone number and must be able to be reached by telephone and email transmissions during normal business hours. 4 Contractor will respond to all City non-emergency inquiries by the next business day. 5 The Contractor will provide an after hours phone number to be used by the City to request emergency or urgently needed services. 6 Provide evidence of having adequate and sufficient equipment to perform quality services. 7 To obtain permits when required per direction from City personnel. 8 Provide proof of bonding capabilities for 100% performance and payment bonds up to $300,000. 9 All projects over $100,000 dollars will require performance and payment bonds. 10 The sample project is estimated to exceed $100,000. A successful proposal requires a 5% Bid bond as part of the Contractor’s proposal. C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: February 28, 2025 • Pre-Proposal Meeting: 2:00 MT on March 7, 2025 • Site Visit 9:00 AM on March 10, 2025 • Question deadline: 3:00 PM MT on March 12, 2025 • Final Addendum Issued: March 14, 2025 • Proposal due date: 3:00 PM MT on March 28, 2025 • Interviews (tentative): Week of April 14, 2025 • Award of Contract (tentative): Week of April 21, 2025 • Completion of project: November 3, 2025 D. Interviews In addition to submitting a written proposal, the top-rated Contractors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams. E. Travel & Expenses Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 8 of 125 Subject to the terms of the applicable Work Order, preapproved reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Contractor(s) will be required to provide original receipts to the City for all travel expenses. Contractors are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the attached Attachment D Fort Collins Expense guidelines. F. Subcontractors/Subconsultants Contractors will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Contractor; therefore, subcontractors and/or subconsultants will be the responsibility of the Contractor. G. Financial Contractors shall complete the financial/banking and Bond information in the contractor qualification forms in the attached exhibit of this RFP. H. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. I. Fees, Licenses, Permits The successful Contractors awarded shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. The Contractor(s) shall have a minimum C1 contractor’s license with the City of Fort Collins prior award of the contract. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. J. Laws and Regulations The Contractor(s) agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). K. Work Orders The awarded Contractors will be required to sign the City’s Services Agreement – Work Order Type Agreement, a sample of which is attached as Section VI for reference purposes. In the event that the City has agreements with multiple Contractors for the on- call, the City reserves the right to request proposals for individual Work Order assignments from the awarded Contractors or assign Work Orders directly to a Contractor at its sole discretion. Selection for individual Work Orders may be based on, but not limited to, availability, approach, prior experience, firm capability, and cost. Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion date, total cost and a Scope of Work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those stated in the Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 9 of 125 Agreement. No Work Order over $7,500 will be considered valid until signed, at a minimum, by the Contractor, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Contractor(s), project manager and Purchasing Department representative. L. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Contractor(s) each month following the submittal of a correct invoice by the Contractor(s) indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Contractor(s) and the City will negotiate an appropriate unit price for the service prior to the Contractor(s) initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (20) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Contractor(s) are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Contractor(s) propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non- responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Contractor(s) include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. M. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 10 of 125 2. Provide resumes for each professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. 3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 4. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Contractor authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 5. Provide any information that distinguishes Contractor from its competition and any additional information applicable to this RFP that might be valuable in assessing Contractor’s proposal. N. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Contractor(s). Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 11 of 125 supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. O. Cost and Work Hours In your response to this proposal, please provide the following: 1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section. Provide a total not to exceed cost for the Scope of Proposal. Price all additional services/deliverables separately. 3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title and equipment rates to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as the basis for quoting all Work Orders A fee schedule for subconsultants/subcontractors, if used, shall be included. 4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. P. Sample Agreement Included with this request for proposals is a sample Services Agreement – Work Order Type Contract that the City intends to use for obtaining the services of the Contractor(s). The Contractor(s) is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. Q. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Contractor(s) hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Contractor(s) has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Contractor(s) will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Contractor(s) may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 12 of 125 WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 5.0 Firm Capability & 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? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures? 4.0 Cost & Work Hours Does the proposal include detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 13 of 125 Attachment C CONTRACTOR QUALIFICATION FORM GENERAL INFORMATION Date: ________________ Company Name: ________________________________________________________________________ Address:________________________________________________________________________ _______ Street City State Zip Phone: ( )_____ -_______ Parent Company:____________________________________________ Fax: ( )_____ -_______ Address:___________________________________________________ Website:______________________________________________________________________________ __ President:_________________________( )_____ -_______ __________________________________ Name Phone E-Mail Address Billing Contact: _________________________( )_____ - ______________________ Name Phone E-Mail Address List current Contractor Licenses your firm has (Minimum C1 will be required for this contract agreement): _____________________________________________________________________________________ __ _____________________________________________________________________________________ __ Principal Office: (Circle One) Corporation Partnership Individual Joint Venture Other Years in Business: _________________________ Federal ID No: _________________________ 2022: 2023: 2024: Union Affiliations: _________________________ If yes, Please list Affiliations: ______________________ Annual Sales: Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 14 of 125 _____________________________________________________________________________________ ___ Disadvantaged Business Enterprise or Small Business Enterprise (Y or N)? If “Y”, Please Specify:________________________________________________________________________ Project Dollars currently under contract, but not completed. $_________________ List current projects in process and open dollar value: ________________________________________________________________________________ ________ If you answer yes to any of the following questions listed below please attach details: Has your firm ever defaulted on a contract (Y or N)? _____________________________________________ Has your firm experienced reorganization within past two years (Y or N)? ______________________________ Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers (Y or N) ? _________________________________________________________ Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years (Y or N) ? _________________________________________________________________ Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when if failed to complete a construction contract (Y or N)? _____________________ Total Number of Employees: Office Employees ___________ Field Employees _____________ Project Staff Breakdown: A resume or summary of qualifications for each professional and technical person assigned to the Agreement, including partners and/or sub consultants, shall be submitted. Please limit to one (1) page. Project Managers: ____________________________ Field Foremen: ____________________________ Carpenters: ________________________________ Laborers: _________________________________ Shop: ____________________________________ Other:____________________________________ Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 15 of 125 What scope of work does your firm self-perform?: _________________________________________________ _____________________________________________________________________________________ ___ _____________________________________________________________________________________ ___ _____________________________________________________________________________________ ___ _____________________________________________________________________________________ ___ _____________________________________________________________________________________ ___ Do you have subcontractors which work under you (Y or N) ? If yes, list them and what work they perform. (Any subcontractors you will be using will need to complete this form and it be submitted with your proposal). 1. _______________________________________ 8.__________________________________________ 2. _______________________________________ 9. _________________________________________ 3. _______________________________________10. _________________________________________ 4. _______________________________________11. _________________________________________ 5. 12. __________________________________________ 6. 13. __________________________________________ 7. 14. __________________________________________ Construction Cost Factors: A. Provide the hourly rates for your staff by position/title which you plan to use on City projects. Including, but not limited to the following: Manager: $_______. Foreman: $________. Carpenter: $________. Laborer: $________ - B. Provide your Markup Fees (City anticipates this being the same for materials, subs, vedors, etc.): Overhead Fee: __________% Profit: _________% D. Provide a list of equipment and their rates for all equipment you would potentially use and charge the City of Fort Collins for use on projectss which are outside of your Overhead & Profit on a separate letterhead and attached to your proposal. Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 16 of 125 Safety Information Name of Safety Director / Officer ___________________________________________________________ Company: ______________________________________________________________________________ Address: _______________________________________________________________________________ Street City State Zip ( )_____ -_______ ________________________________________________________________ Phone E-Mail Address Experience Modification Rate (EMR): 2024 _______________________________________________ 2023 _______________________________________________ 2022 _______________________________________________ Does your firm have a written safety Plan (Y or N) ? _____________________________________________ Has your firm been cited for any serious OSHA violations in the past threee years (Y or N)? _____________ OSHA recordable incident rate (Current Year): _______________________________________________ OSHA lost day incident rate (Current Year): _______________________________________________ Does your firm have a drug testing policy (Y or N) ? ______________________________________________ Under a separate cover submit a sample certificate of insurance showing current coverage and limits for General Liability, Automobile Libility, Excess Umbrella Liability & Workers Compensation. Under separate cover please submit a 300A log and summary of occupational injuries and illnesses as required by the US Department of Labor (Previous 12 months). Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 17 of 125 Experience List List four major projects completed in the past five (5) years by the key members of the proposed team; include the following information (attach a separate sheet for additional information): Project # 1 _________________________________________ _______________________________________ Name of Project Type of Building _________________________________________ $______________________________________ City State Zip Contract Amount _________________________________________ ( )_____ -_______ _____________________ Contractor / Client Contact Phone E-Mail Address _________________________________________ _______________________________________ Your Project Manager Your Onsite Foreman _________________________________________ _______________________________________ Start Date Completion Date Comments:____________________________________________________________________________ _ _____________________________________________________________________________________ _ _____________________________________________________________________________________ ______________________________ Project # 2 _________________________________________ ________________________________________ Name of Project Type of Building _________________________________________ $_______________________________________ City State Zip Contract Amount _________________________________________ ( )_____ -_______ ______________________ Contractor / Client Contact Phone E-Mail Address _________________________________________ ________________________________________ Your Project Manager Your Onsite Foreman Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 18 of 125 _________________________________________ ________________________________________ Start Date Completion Date Comments:____________________________________________________________________________ __ _____________________________________________________________________________________ __ _____________________________________________________________________________________ _______________________________ Project # 3 _________________________________________ ________________________________________ Name of Project Type of Building _________________________________________ $_______________________________________ City State Zip Contract Amount _________________________________________ ( )_____ -_______ ______________________ Contractor / Client Contact Phone E-Mail Address _________________________________________ ________________________________________ Your Project Manager Your Onsite Foreman _________________________________________ ________________________________________ Start Date Completion Date Comments:____________________________________________________________________________ __ _____________________________________________________________________________________ __ _____________________________________________________________________________________ _______________________________ Project # 4 _________________________________________ ________________________________________ Name of Project Type of Building Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 19 of 125 _________________________________________ $_______________________________________ City State Zip Contract Amount _________________________________________ ( )_____ -_______ ______________________ Contractor / Client Contact Phone E-Mail Address _________________________________________ ________________________________________ Your Project Manager Your Onsite Foreman _________________________________________ ________________________________________ Start Date Completion Date Comments:____________________________________________________________________________ _ _____________________________________________________________________________________ _ _____________________________________________________________________________________ ______________________________ Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 20 of 125 Bonding & Banking Information Bonding Company Name: ________________________________________________________________ Address: ______________________________________________________________________________ Street City State Zip ( )_____ -_______ ( )_____ -_______ Phone Fax Website:______________________________________________________________________________ _ Contact: _________________________( )_____ -_______ __________________________________ Name Phone E-Mail Address Aggregate Bonding Capacity: $___________________ Single Project Bonding Capacity: $______________ Total Number of Projects Currently Bonded: ________ Total Currently Bonding: $______________ Bank Name: ____________________________________________________________________________ Address: _______________________________________________________________________________ Street City State Zip ( )_____ -_______ ( )_____ -_______ Phone Fax Website:______________________________________________________________________________ __ Contact: _________________________( )_____ -_______ ___________________________________ Name Phone E-Mail Address Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 21 of 125 _____________________________________________________________________________________ ___ DATE SIGNATURE PRINT NAME *Payment/Performance Bonds are only required for construction projects over $100,000.00.  Sustainability/TBL Methodology: In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project(s) where sustainability could be applied and/or improved. Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 22 of 125 SCHEDULE OF SUBCONTRACTORS Project: List all of your subcontractors and their associated work items you plan to use for the sample project ITEM SUBCONTRACTOR ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 23 of 125 Attachment D Travel and Expense Guidelines These shall apply only to out-of-town travel and expenses. All travel and expenses must be projected by the service provider and be pre-approved by the Owner(s)for each phase of work. Lodging GSA Rate per location of project. Per night, includes all taxes, fees, etc. Meals & Incidentals GSA Rate per location of project. Per day, per person. Airfare $300 Economy only. Mileage IRS IRS Rate, per mile. Rental Vehicle $70 Per day, includes car, taxes, gas, tolls, etc. Notes 1.All travel and expenses must be related to performing services for the project. 2.Approved travel and expenses will be considered up to the maximums. Left over/not spent amounts do not roll over. 3.Un-approved travel and expenses will not be considered and will be the sole responsibility of the Service Provider. 4.Out-of-town travel is defined as greater than 30-miles away from Fort Collins city limits. 5.Meals and incidentals are for incurred, up to the maximum amount. 6.Rental car and mileage cannot be combined. Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 24 of 125 V. ACKNOWLEDGEMENT This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected. Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 10115 Minor Carpentry Construction and Renovation and sample Agreement except as otherwise noted. Additionally, Contractor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider/Professional’s knowledge and belief. b. Contractor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Contractor further agrees that the method of award is acceptable. e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Contractor acknowledges receipt of addenda. g. Contractor acknowledges no conflict of interest. h. Contractor acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: Official Purchasing Document Last updated 10/2017 RFP 10115 MINOR CARPENTRY CONSTRUCTION AND RENOVATION Page 25 of 125 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. Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 26 of 125 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "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 10115 Minor Carpentry Construction and Renovation. The conditions set forth herein shall apply to all services performed by the Contractor on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, 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 City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit , consisting of ( ) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A & B to certain named third parties, Contractor shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of one (1) page, and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Contractor pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Contractor. 3. Time of Commencement and Completion of Services. The services to be performed Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 27 of 125 pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence and shall continue in full force and effect until , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the 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 City of such condition within ten (10) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the 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: email address Attn: Mark McLean PO Box 580 Fort Collins, CO 80522 mmclean@fcgov.com Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, 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 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 City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 28 of 125 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 City 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 City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 11. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Contractor is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 13. Subcontractors/subconsultants. Contractor may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 29 of 125 of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the work of the Contractor. 14. Personal Services. It is understood that the City 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 city. 15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 16. Warranty. a. 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 City. c. Contractor warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twenty-four (24) months from and after final acceptance under the Work Order, regardless whether the same were furnished or performed by Contractor or by any of its subcontractors/subconsultants of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Contractor in a manner and at a time acceptable to City. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 18. Remedies. In the event a party has been declared in default, such defaulting party shall be 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 Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 30 of 125 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 City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of 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 as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) page(s), attached hereto, and incorporated herein by this reference. The 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 city. 21. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 31 of 125 interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party vendors and their subcontractors/subconsultants at every tier. 24. Dust Control. The Contractor shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 26. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of four (4) page, and Exhibit , Section 00700 General Conditions consisting of fifty-three (53) pages. [Signature Page Follows] Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 32 of 125 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: CONTRACTOR'S NAME By: Printed: Title: Date: Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 33 of 125 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/RFP NUMBER & NAME: 10115 Minor Carpentry Construction and Renovation MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: 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: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 34 of 125 EXHIBIT B WORK ORDER FORM (Construction over $100,000) CONSTRUCTION WORK ORDER FOR [ORIGINAL PROJECT # AND NAME] WORK ORDER NO. TITLED (WORK ORDER TITLE) DATE: CONTRACTOR: Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 35 of 125 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 36 of 125 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 37 of 125 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO (CONTRACTOR OR CM/GC): WORK ORDER # & TITLE: PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: 10115 Minor Carpentry Construction and Renovation ENGINEER: OWNER’S REPRESENTATIVE: NOTICE OF AWARD DATE: OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated , for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated , you have been awarded a Work Order for this Work Order Description: A. See Section 01100 – Summary of Work. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is ($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is , and after Substantial Completion, the date for Final Completion is . 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1. Substantial Completion: ($ ) for each calendar day or fraction thereof that expires after until the work is Substantially Complete. 2. Final Acceptance: After Substantial Completion ($ ) for each calendar day or fraction thereof that expires after the period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. 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. Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 38 of 125 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. 5.1.2 Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 6. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 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 Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 39 of 125 supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7. CONTRACT DOCUMENTS. 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 40 of 125 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.5 There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by . A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 41 of 125 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: Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 42 of 125 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference and the attached Notice to Proceed is hereby given. ACCEPTANCE: Date: _____ , Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Kelly DiMartino, City Manager (if greater than $1,000,000) ACCEPTANCE: ___________________________________________ Date: __________ Gerry Paul, Purchasing Director (if greater than $60,000) APPROVED AS TO FORM: __________________________________ Date: __________ ATTEST: ___ ________________________________________ Date: __________ Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 43 of 125 BID SCHEDULE Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 2 of 125 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 10115 Minor Carpentry Construction and Renovation TO: Attn: This notice is to advise you: That the Work Order and all amendments and supplements to the Contract Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Work Order and the AGREEMENT. The dates for Substantial Completion and Final Acceptance shall be , and , respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: ___________________________________________ ___________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 3 of 125 Name & Title Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 4 of 125 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 Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 5 of 125 SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 2 , for 10115 Minor Carpentry Construction and Renovation a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of , , a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 6 of 125 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. Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 7 of 125 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , , for 10115 Minor Carpentry Construction and Renovation, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of , , a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 8 of 125 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. Official Purchasing Document Last updated 10/2017 Services Agreement – Work Order Type 10116 CMGC Facilities – On Call Services Page 9 of 125 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor’s general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Official Purchasing Document Last updated 10/2017 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: 10115 Minor Carpentry Construction and Renovation – PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: WORK ORDER DATE: The Work performed under this Work Order, pursuant to the Contract Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Official Purchasing Document Last updated 10/2017 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 10115 Minor Carpentry Construction and Renovation. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents, including the Work Order, which is dated , and the AGREEMENT, which is dated . In conformance with the Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ___________________, _____. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title Official Purchasing Document Last updated 10/2017 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 10115 Minor Carpentry Construction and Renovation 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney 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 Official Purchasing Document Last updated 10/2017 may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ______ day of __________, ___. CONTRACTOR: By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public Official Purchasing Document Last updated 10/2017 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: WORK ORDER # & TITLE: ORIGINAL BID/RFP # & TITLE: 10115 Minor Carpentry Construction and Renovation CONTRACT DATE: WORK ORDER DATE: In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of _________ _, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Official Purchasing Document Last updated 10/2017 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 SECTION 00700 GENERAL CONDITIONS Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a 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 OWNER; and no provision of this Article 2 or of the General and Supplementary Official Purchasing Document Last updated 10/2017 Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2. . SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. Official Purchasing Document Last updated 10/2017 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 OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION Official Purchasing Document Last updated 10/2017 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. Official Purchasing Document Last updated 10/2017 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment Official Purchasing Document Last updated 10/2017 SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: WORK ORDER TITLE & NO. : ORIGINAL BID/RFP # & TITLE: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COSTS $ ________________ TOTAL APPROVED CHANGE ORDER(S) $ ________________ TOTAL PENDING CHANGE ORDER(S) $ ________________ TOTAL THIS CHANGE ORDER $ ________________ TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ % TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ % ADJUSTED CONTRACT COST $ ________________ _________________ (Assuming all change orders approved) ACCEPTED BY: _____________________________________ DATE: ____________ Contractor's Representative ACCEPTED BY: _____________________________________ DATE: ____________ Project Manager REVIEWED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor Official Purchasing Document Last updated 10/2017 SECTION 00960 PAYMENT APPLICATION Official Purchasing Document Last updated 10/2017 Section 00960 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 Official Purchasing Document Last updated 10/2017 VII.