HomeMy WebLinkAboutRFP - 10116 Construction Manager/General Contractor (CM/GC) Facilities - On CallRFP 10116 CMGC Facilities – On-Call Page 1 of 126
REQUEST FOR PROPOSAL
10116 CONSTRUCTION MANAGER/GENERAL CONTRACTOR (CM/GC) FACILITIES - ON
CALL
RFP DUE: 3:00 PM MT (Mountain Time), April 9, 2025
The City of Fort Collins is requesting proposals from qualified Contractors for Construction
Manager/General Contractor (CM/GC) services for vertical/horizontal construction and existing
building renovation projects. The first identified project is the replacement of a stair core at the
Civic Center Parking Garage located at 120 N. Mason St., Fort Collins, CO 80524.
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 11:00 AM MT on March 20, 2025. The pre-proposal
meeting will be hosted on-site at the Civic Center Parking Structure. GROUP WILL MEET AT
THE SOUTHEAST CORNER OF THE PARKING STRUCTURE BY THE STAIR CORE. Please
bring safety vests to the meeting.
All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at
jrector@fcgov.com, with a copy to Eric Cluver, Project Manager, at ecluver@fcgov.com,
no later than 3:00 PM MT on March 27, 2025. Please format your e-mail to include: RFP 10116
CONSTRUCTION MANAGER/GENERAL CONTRACTOR FACILITIES - ON CALL in the subject
line. Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
90900 Building Construction Services, New (Incl. Maintenance and Repair Services)
91065 Remodeling and Alterations
95826 Construction Management Services
92544 General Construction: Management, Scheduling, Cost Estimation – Engineering
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
RFP 10116 CMGC Facilities – On-Call Page 2 of 126
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Contractors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party Contractors and their subcontractors/subconsultants at every tier.
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.
Contractors Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
RFP 10116 CMGC Facilities – On-Call Page 3 of 126
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Contractor shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10116 CMGC Facilities – On-Call Page 4 of 126
I. GENERAL INFORMATION AND WORK ORDER 1 BACKGROUND
A. General Information and Project Overview
The City of Fort Collins (City) is seeking proposals from qualified Contractors to provide
On-Call CM/GC Services related to vertical/horizontal construction for Operation
Services and other departments at the option of the City. The City intends to award
Work Order type Services Agreements to one or multiple Contractors. Operation
Services maintains approximately 70 buildings for the City that include various vintages,
occupancies, etc. These buildings require maintenance on a regular basis which is
conducted primarily by our facility technicians. The departments which operate out of
these buildings often have needs for space changes, relocation, remodels, or expansion
which will be supported for the On Call CM/GC contract.
Work Orders will be issued for projects as needed. No Work Order will not exceed
$1,000,000 unless authorized by the Purchasing Director. Work Orders in excess of
$300,000 will undergo a competitive process among the awarded qualified pool of
Contractors. Work Orders less than $300,000 may be awarded by the City directly
without a competitive process based on one of the Contractor’s in the pool experience,
pricing, and availability. Alternatively, the City may choose to solicit quotes from the
Contractor’s in the pool. All Work Orders greater than $100,000 will require Payment
and Performance Bonding for the total value of the project.
The City frequently engages the CM/GC on a project at 30% design completion to
reduce risk by seeking the Contractor’s input for constructability, cost estimating,
scheduling and other aspects of the project.
The City does not guarantee a minimum or maximum amount of work under this
Agreement and the City reserves the right to bid similar work independent of this
Agreement.
No Federally funded projects will be awarded under this solicitation.
This City intends to award multiple Contractor’s a one (1) year Agreement, and at the
mutual agreement between the City and the Contractor, the Agreement may be
extended for additional one (1) year periods not to exceed four (4) additional one year
periods.
The City currently has multiple architectural and engineering firms for On-Call design
services under contract. These Professionals will be responsible for designing most of
the projects on which our On-Call Contractor will be involved, but other Professionals
and consultants may also be involved. The design firms are responsible for providing all
contract documents and design details for the projects.
Typical projects for this On-Call CM/GC would be:
1. Major office renovations
2. Major building renovations
3. Small building additions
4. Small independent buildings
5. Insurance restoration projects
6. Complicated roof replacements where several subcontractors are involved
RFP 10116 CMGC Facilities – On-Call Page 5 of 126
7. Assisting Operation Services with establishing project cost estimates for budget
offers
8. City of Fort Collins Utilities Facilities
a. Some projects may be performed at City of Fort Collins Utilities Facilities. See
Attachment E – Utilities Facilities Contractor Requirements, attached hereto,
regarding specific policies and procedures for working at these facilities.
An important goal for the City’s projects is to demonstrate and showcase sustainable
design and construction. These projects present the opportunity for the City to lead by
example by demonstrating best practices in high performance new construction and
retrofit projects.
The City aims to design and construct all new projects around Our Climate Future
initiative. Our Climate Future focuses on achieving three main goals by 2030:
• Cut greenhouse gas emissions by 80% compared to 2005 levels, which will
help with a goal of 100% carbon neutrality by 2050.
• 100% renewable electricity from both the grid and local sources.
• Reach zero waste.
It is the policy of the City that all new buildings and major renovations achieve a
minimum “Gold” certification with the desire to achieve “Platinum” certification based on
the US Green Building Council’s (USGBC) LEED™ Green Building Rating System. The
most current version of LEED™ at the time of project design shall be used. Specific
projects may have goals above and beyond this minimum requirement, either in overall
rating or for minimum numbers of credits or points from specific categories.
The City of Fort Collins desires to have all of it’s projects participate in the Integrated
Design Assistance Program (IDAP) offered by Fort Collins Utilities to help defray some
of the cost for constructing high efficiency buildings.
All City facilities over 5,000 square feet should meet the following energy goals:
• New construction designs need to target an Energy Use Intensity of 15 kBtu/sf/yr or
less with the idea of then adding renewable energy to achieve net zero.
• Renovation or facility addition projects need to target an Energy Use Intensity of 30
kBtu/sf/yr. For additions, there shall be no increase of energy use.
• All new construction should achieve a minimum of 15 points from LEED Energy and
Atmosphere credits.
• New construction should achieve an energy star rating of 100 with certification if the
project can be certified.
• Renovation projects should achieve an Energy Star rating of 80 or better with
certification if project can be certified.
B. Work Order 1 Background: Civic Center Parking Structure (CCPS) Southeast Stair
Core Replacement. Bid Bond is NOT required as part of the RFP Process.
Payment and Performance Bond will be required as part of the contacting
process.
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The first project (Work Order) consists of the removal and replacement of the stair Core
located on the southeast corner of CCPS located at 120 N. Mason St., Fort Collins, CO
80524. The design work was completed in 2025 by Farnsworth Group (see Attachment
A - Drawings). The stair core is currently closed, and the City strongly desires to
complete this project no later than November 20, 2025 prior to the holiday shopping
season. This corner of the parking structure is also in a high pedestrian traffic area with
multiple finished alleyways and adjoining business. It will be critical to communicate with
the Downtown Development Authority (DDA), parking services, and other business
partners. Contractors shall base their proposals on these attached drawings and submit
schedule, phasing, project team, preconstruction, general conditions and construction
fees based on this information.
The following is a preliminary schedule for the CCPS Southeast Stair Core
Replacement, however; the schedule is subject to change as design and negotiations
are completed.
1. Phase I - Preconstruction
CD’s Complete
Long lead submittals and procurement May 2025
GMP June 2025
Construction NTP End of June 2025
2. Phase II - Construction
Construction Start July 2025
Construction Completion No Later Than November 20, 2025
The CCPS Southeast Stair Core Replacement project goals are to develop a
partnership/collaborative design and delivery process to facilitate:
a. Integrated Design between the City, Architect/Engineer & Contractor working
together to ensure design is within budget while making sure existing conditions
are incorporated into the design.
b. Develop and approve project schedule. Identify long lead time procurement items
immediately and develop creative strategies to improve the schedule.
c. Coordinate with the City, DDA, and adjacent businesses to achieve as minimal
impact to businesses and the public as possible during construction. Explore
solutions to reduce the impact on the parking garage daily use and functions.
Explore opportunities to expedite project completion.
d. Minimizing risk and exposure to personnel using the facilities during construction.
e. Construction schedules which reduce impact on the parking garage daily use,
functions, and expedite project completion.
f. Promote innovation and cost-efficient construction.
g. Achieving project completion not later than November 20, 2025.
Contractor should submit a proposal including cost and address their approach to
accomplish these goals in their proposal.
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II. PROJECT SCOPE OF WORK AND REQUIREMENTS
A. CM/GC Scope of Work/Requirements
The City expects the Contractor to provide pre-construction and construction services on
all work orders, including the CCPS Southeast Stair Core Replacement project. These
services are to include, but not be limited to the following:
1. Phase I - Preconstruction Support Services
a. Provide a designated representative to participate in the design effort, which will
begin upon execution of the Preconstruction Support Services Work Order.
b. The Contractor is required to bring the following skills, knowledge and expertise
during the Preconstruction Support Services phase of the project. Following are
minimum requirements:
i. Work with design team and perform on site investigations to make sure the
design team knows the existing conditions and their design addresses such
conditions.
ii. Estimate quantities of materials, labor and equipment, means & methods
needed to construct the project.
iii. Determine the task/work breakdown structure needed to complete the
project and estimate the cost, duration, and sequence of these tasks.
iv. Understand the availability, cost, and capacities of materials, labor and
equipment.
v. Identify potential risk, including cost risk, and methods to mitigate them
during the design process.
vi. Determine constructability and project construction phasing.
vii. Coordinate project work with utilities and other stakeholders.
viii. Develop strategy for hazardous materials management if needed.
ix. Provide initial scheduling information and proposed durations.
x. Provide initial list of sub-contractor pricing and materials input.
c. Work Order 1 Preconstruction Services: CCPS Southeast Stair Core
Replacement design is 100% complete. This is not typical for work orders under
this on-call service agreement. Awarded Contractors for this on-call service
agreement can expect to be invited to propose on a project much earlier in the
design process, typically at Schematic Design (SD). For Work Order 1 CCPS
Southeast Stair Core Replacement, services will include, but not limited to,
minimal design meetings. constructability review, cost estimating, value
engineering, and other related tasks along with site investigations to verify the
construction documents will work with the existing building. The stair core
replacement design has already been completed and the current drawings have
been developed with these factors in mind. Ideas on additional items to be
considered will be encouraged. However, impact on schedule will be the primary
concern for any alterations to the drawings that are presented. This will require
the Contractor to commence with the outlined project goals immediately upon
award and issuance of Work Order 1, and to work with the City Project Manager
for opportunities to expedite the typical Phase I, II, & III project requirements that
RFP 10116 CMGC Facilities – On-Call Page 8 of 126
are outlined in this section. The intent of this adjustment for Work Order 1 only, is
to meet project goals and the Final Completion date.
2. Phase II - Construction Contract Price Negotiations
When the City, the design firm, and the Contractor agree that the project has been
designed to a sufficient level of detail to allow the Contractor to accurately price
construction elements of the project, Construction Contract Price Negotiations (price
negotiations) will commence. This milestone is typically reached at 95% CD’s
(permit drawings). In order to expedite the project, price negotiations may start
before the completion of the Preconstruction Support Services. The Contractor will
be compensated for construction cost estimates prepared during the design process
prior to price negotiations by their pre-construction services fee, however the
Contractor’s work effort for Guaranteed Maximum Price (GMP) price negotiations
will be separate from its Preconstruction Support Services and will not be
compensated for by the City.
At the City’s discretion, the City may develop an independent construction cost
estimate for the work or may engage an independent third party to perform the
construction cost estimate to better inform their review of the Contractor’s costs. The
City will determine when price negotiations have begun and will conclude with the
establishment of a GMP Construction Work Order agreement. Actual construction
costs will be tracked through construction, and if cost savings are realized, the savings
will be passed to the City in full. The Construction Work Order agreement will
incorporate general conditions using the General Conditions of the Construction
Contract prepared by the Engineers Joint Contract Document Committee (EJCDC)
and other provisions in accordance with the City’s construction contract requirements.
a. Price Negotiation Process: The following procedures will be used for
Construction Contract Price Negotiations.
i. In collaboration with the Contractor, the design firm will produce a set
of the relevant plans and specifications showing the work to be
accomplished. The plans will also show all work accomplished under
any previous construction packages.
ii. The Contractor will prepare a price to perform the work. The price will
include detailed unit line-item pricing and may include lump sum items or
allowances as appropriate.
iii. As part of the price, the Contractor will obtain a minimum of 3 quotes for all
major subcontracted work and material purchases unless otherwise approved
by the City.
iv. The City will develop an independent construction cost estimate for the work
or may engage an independent third party to perform the construction cost
estimate.
v. Upon reviewing the Contractor’s price, the City will determine its
acceptability by comparing it to its independent construction cost estimate.
vi. If the City determines the prices are acceptable, the City will prepare a
Work Order for construction services. If a previous Work Order for
construction services had been entered into, this work may be added to
that contract by change order.
RFP 10116 CMGC Facilities – On-Call Page 9 of 126
vii. If the prices are not acceptable, the City and the Contractor will conduct
a price negotiation meeting to discuss the variances between the price
and independent construction cost estimates, or other factors that led to
its unacceptability.
viii. Following the price negotiation meeting the Construction Contract
Negotiations will enter into subsequent iterations of the above noted
process.
ix. The City reserves the right to require the Contractor to enter into “open
book” cost model price negotiations at any time through this process, where
the Contractor will be required to reveal and defend its detailed pricing
breakdowns including labor, materials, equipment, subcontractor and
supplier quotes, mobilization, overhead, mark-up, and profit. See below for
the City’s “open book” negotiation requirements.
x. At any time, if the City determines that an agreement cannot be
successfully negotiated, the City reserves the right to terminate
Construction Contract Cost Negotiations and the Preconstruction Support
Services contract and procure the construction of the project by other
means. If the City then offers the project up for public bids, the Contractor
will not be eligible to bid on the project.
b. “Open Book” Negotiations Process: Negotiations may require any or all of
the following information.
The Contractor shall submit information as requested by the City to the extent
necessary to permit the City to determine the reasonableness of the “bid” price.
The Contractor shall provide cost or pricing data, broken down by individual
work item, for the Contractor and each major subcontractor. Submit material
and subcontractor quotes, anticipated labor and equipment usage, and
anticipated production rates.
If requested, submit a written proposal for the work identifying the major
elements of the work, the quantity of the element, and its contribution to the
proposed price. Provide further breakdowns if requested by the City.
i. Material: Furnish quotes and/or material invoices showing the cost of
material to be incorporated in the work.
ii. Labor: Show basic hourly rates, fringe benefits, applicable payroll costs
(workers compensation, insurance, etc.) paid subsistence, and travel costs
for each labor classification and foreman employed in the work
iii. Equipment: Provide a complete descriptive listing of equipment to be used in
the work including make, model and year of manufacture. Support rented or
leased equipment costs with invoices
iv. Other direct costs: Furnish documentation of invoices to support any other
direct costs to be incurred that are not included above (e.g., bonds,
mobilization, permits, etc.)
v. Production Rates: Provide actual hours of performance, on a daily basis, for
each labor classification and for each piece of equipment.
vi. Subcontract Costs: Provide supporting data as required above.
RFP 10116 CMGC Facilities – On-Call Page 10 of 126
vii. Contractor Fee shall include the following:
o Overhead: Identify overhead rates and list the types of costs that are
included in overhead.
o Profit: Include a reasonable profit reflecting the efficiency and economy
of the CM/GC and subcontractors in performing the work, the contract
risk type, the work difficulty, and management effectiveness.
Subcontractor Markup: List any markup cost for subcontractors or other
items. Provide backup information as requested for a breakdown and
justification of markup expenses.
CM/GC Fees Request
CM/GC Firm Name
Pre-Construction
Fee (Lump
Sum)
Construction Phase
Services (FEE %)
Estimated General
Conditions/ Month (Lump
Sum)
$
%
$
/Month
General Conditions Matrix
C+A7:L44ost Category Fee & Overhead General Conditions Direct Cost of Work
Home Office Expenses
Office Overhead X
Profit X
Staff
Project Executive X
Project Manager X
Project Superintendent X
General Superintendent X
Safety Manager X
Estimators X
Schedulers X
Project Coordinators X
Project Engineers X
Consultants X
Administration
Office Support (Accounting,
Etc.) X
Builders Risk Insurance X
General Contractor's Bond X
Subcontractors bond X
Suppliers Bond X
Liability Insurance X
Jobsite Operations
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Jobsite Office X
Storage/tool trailers X
Telephones X
Cell Phones X
Radios X
Copier/fax/printer, Etc. X
Office supplies X
Vehicles, fuel, maintenance X
Travel expenses X
Document reproduction X
Postage X
Site Signage X
Safety Equipment X
Temp Toilets X
Water, cups, etc. X
Dumpsters X
Licenses X
Permits X
Material Layout X
Field Engineering Equipment X
Surveying & Layout X
Temp Utilities X
Interim Cleanup X
Final Cleaning X
Construction Fire Protection X
Mobilization X
Demobilization X
Jobsite Security X
Contractor Staff Hourly Wage Labor Burden Total Wage/Hr
Project Manager
Project Superintendent
General Superintendent
Project Engineer
Project Coordinator
Safety Manager
Crew Foreman
Carpenter
Labor
Other
Contractor Equipment Billing Rate (Cost/Mo or Mileage Rate)
Office Trailer
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Storage Trailer
Superintendent Vehicle
Project Manager Vehicle
Skidsteer Loader
Forklift
Other
This open-book negotiation process does not stop with the GMP. It shall
continue throughout the Project and be part of the process for change
orders, etc.
3. Phase III: Construction Requirements
a. Provide construction services according to the Agreement and contract
documents.
b. Provide qualified full time site supervision and management of trade
subcontractors to meet or exceed the defined project schedule.
c. Provide open procurement of subcontractors and suppliers. A minimum of 3
quotes are required for the subcontractor and material procurement process
unless otherwise approved by the City Project Manager. At the City’s approval,
subcontractors may be selected without receipt of 3 quotes and prior to the price
negotiation process if the subcontractor’s early involvement adds value to the
project through constructability reviews, phase planning, or other factors identified
by the project team. In these cases, subcontractor’s costs must still be validated
to be fair and reasonable and be determined to be an overall value-add to the City
and project.
d. Provide site security and protection during construction. Provide all site safety
management and compliance with OSHA standards and criteria. Implement a site
safety program that is reported on regularly.
e. Provide for quality control program that meets or exceeds minimum job/contract
document and industry standards. Perform all quality control testing and
inspections in coordination with the City. All such tests and inspections shall be
subject to the City’s written review.
f. Meet all licensing requirements as set forth by the City for both Contractor’s and
subcontracted work.
g. Provide services to manage participation in project close out process and needs
during the project warranty period.
i. The Contractor’s construction team used for the RFP interviews will be the same
team used on the project by the Contractor. If at any time, the City determines
the Contractor’s construction team has been changed, the City reserves the
right to terminate the contract and procure the construction of the project by
other means.
j. At any time, if the City determines that personnel on the construction team is not
fit to continue, the City reserves the right to request personnel change as needed.
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k. The City has developed a Building Design Standards Manual. Design will follow
these standards unless exempted by the City. The CM/GC is also responsible to
ensure the construction follows these standards. This manual is available on-line
and can be viewed at: http://www.fcgov.com/opserv/design-standards.php
l. All final construction work must comply with the latest adopted Americans with
Disabilities Act (ADA) as detailed at https://www.ada.gov/
m. Required to adhere to the City of Fort Collins Dust Prevention and Control Manual.
The manual is available at https://www.fcgov.com/airquality/pdf/dust-prevention-
and-control-manual.pdf
n. Required to fill out City of Fort Collins Waste Management Plan Form.
i. The Plan form is available at:
https://www.fcgov.com/recycling/files/construction-waste-management-
plan.pdf.
ii. Contractor may not receive final payment until this has been completed
and returned with back-up.
o. Required to provide dumpsters for recycling and to coordinate the location of
dumpster(s) with the City personnel before construction begins.
p. Required to complete all forms for the Quality Assurance / Quality Control plan.
This work must be coordinated with the City appropriate personnel. The Quality
Control Plan is available on-line and can be viewed at:
https://www.fcgov.com/opserv/pdf/dsgnstnds/qa-qc-plan.pdf.
q. Required to comply with City’s Municipal Separate Storm Sewer System and the
State of Colorado Stormwater Permit requirements. CM/GC may not receive final
payment until these requirements have been satisfied.
r. Any damage caused to the existing buildings, parking lot, site, & landscaping
through access to the construction area will be at the CM/GC’s expense to repair
the damaged area to existing conditions before the damage occurred.
s. Ensure a clean and safe work site at all times.
t. Required to pull all appropriate State, City, and Fire permits.
u. Required to coordinate all necessary City building inspections.
v. Required to coordinate all special inspections with the City third party inspector.
Contact information will be provided to the contractor prior to work beginning.
w. Responsible, upon completion of the job, to issue the City a Certificate of
Occupancy/Letter of Completion before final payment will be issued.
x. The City has released smoking restrictions in certain areas. Smoking on the
premises is prohibited. If smoking is necessary, employees can smoke in their
personal vehicles. Please go to: fcgov.com/smokefree for more information.
y. Responsible for all rough-in work associated with the project.
i. City-provided contractor will complete the data work and controls scope
associated with the project.
ii. Required to coordinate with the City Project Manager and IT Department
for scheduling of the installation of data cabling.
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iii. All data drops will require ¾” conduit stubbed above the ceiling with pull
string. If the ceiling is exposed to the structure, the contractor will be
required to run the ¾” conduit, and pull string, back to the IT closet
through the walls. Exposed conduit will not be allowed.
iv. All conduit that is required for the controls scope is to be coordinated with
the City Project Manager and City controls contractor prior to GMP.
B. City’s Expectations and Delivery Schedule
Partnering
The City expects a partnering relationship with the selected Contractor. A formal
Partnering Session will be held with the selected Contractor, City, and design engineer at
the beginning of preconstruction. The City expects an environment where trust and
teamwork prevent disputes, foster a cooperative bond to everyone’s benefit, and facilitate
the completion of a successful Project. Traditional adversarial relationships between the
Project participants are not an acceptable way of doing business on this Project.
Key Staff
The City expects the Contractor to commit key staff members to manage the Project
through attendance of bi-weekly preconstruction Project meetings and construction
meetings; preparation of RFIs; management of subcontractors, schedule, quality and cost.
Key staff members for this Project are expected to include a project manager,
superintendent and possibly a field engineer. If key staff are removed from this Project
without City approval, the City reserves the right to terminate the Contract. The City
expects the Contractor to request approval for any changes in staffing if they will differ
from those identified in the proposal.
Communication
The City expects open and honest communication related to Project activities including
subcontractor performance, cost control, schedule control, budget and quality issues as
they may arise. The City expects communication to occur directly through the established
chain of command which may involve working directly with, receiving direction from, and
coordinating with City assigned personnel.
Contract Management
The City expects the Contractor to participate in contract management such that pay
applications, work change directives, change orders, RFIs and other documents are
managed timely and effectively to avoid delays in Project delivery. The City expects the
Contractor to work with its Project Manager to gain approval and processing of these
documents in a coordinated fashion.
Performance Standard
The City expects Contractor performance to a standard that exceeds industry-accepted
parameters. The City expects to pay fairly for all work performed and expects the
Contractor to be profitable.
Services and Construction Agreements, and Work Order Process
The Contractor will be required to sign the City’s Services Agreement Work Order-type,
similar to the Sample Agreement found in Section VI. Based on this Agreement, a Work
Order for the pre-construction Work will be issued. The preconstruction services shall
include (at minimum) review of designs for constructability, review of site layout and
grading, estimating the cost of different options, alternatives, and components, providing
RFP 10116 CMGC Facilities – On-Call Page 15 of 126
opinions and recommendations on suitable methods and approaches to accomplish the
work, offering value engineering suggestions to accomplish the desired objectives in the
most cost-effective manner possible, and provide the team with up to date on-going cost
status of the current Project design.
Upon completion of the preconstruction services, the Contractor will be required to sign a
Construction Work Order. A sample construction Work Order is included in Section VI.
The construction services shall include (at minimum) full-time site supervision when trades
are working, stormwater management and permitting of the Project site, site protection
and security during construction, procurement of all subcontractors and suppliers to
complete construction, Project sequencing and scheduling of manpower, materials and
equipment, Project safety enforcement, management of quality control, management of
testing, management of surveying, and management of Project close-out. The Work Order
for construction services will be awarded at approximately 95% design completion based
on the Contractor’s satisfactory performance under the preconstruction services Work
Order.
C. Work Order Procedures
Each Work Order issued pursuant to the Contractors contract will be based upon hourly
rate or set of rates approved in the services agreement with a not-to-exceed maximum
GMP. The specific compensation agreement for each Work Order is negotiated at the
time the Work Order is awarded to the Contractor, based upon the provisions of the
Services Agreement. The Contractor shall submit a proposal with breakout of estimated
hours for each team member and cost for any materials or equipment anticipated along
with total amount proposed. Signed Work Orders must be issued for any work. The
Contractor shall provide all personnel, equipment and supplies necessary to complete
the work order set forth in the Scope of Work. Total project time, any retainage clause,
and any applicable liquidated damages clause will be determined as part of the project
Work Order for each individual project.
Development of the Scope of Work: The Contractor and the City Project Representative
will develop the Scope of Work for each individual project during the Work Order
process. The Contractor will submit a detailed Scope of Work proposal along with a
schedule to the City for review and approval. The detailed Scope of Work must include
estimated hours per task and the associated hourly rate per pay grade along with cost
for materials and equipment. After review and approval, the City Representative will
issue the Notice to Proceed to the CM/GC with appropriately endorsed Work Order.
B. Minimum Qualifications
Provide Contractors License Numbers.
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: March 10, 2025
• Pre-Proposal Meeting: 11:00 AM MT on March 20, 2025
• Question deadline: 3:00 PM MT on March 27, 2025
• Proposal due date: 3:00 PM MT on April 9, 2025
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• Interviews (tentative): Week of April 21, 2025
• Award of Contract (tentative): May 2025
• Completion of sample project: November 20, 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 or Zoom.
E. Subcontractors/Subconsultants
Contractor will be responsible for identifying any subcontractors and/or subconsultants in
their proposal. Please note that the City will contract solely with the awarded Contractor(s);
therefore, subcontractors and/or subconsultants will be the responsibility of the Contractor.
F. 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.
G. Fees, Licenses, Permits
The successful Contractor shall be responsible for obtaining any necessary licenses, fees
or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
H. Laws and Regulations
The Contractor agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include American Disabilities
Act (ADA).
I. Work Orders
The awarded Contractor(s) will be required to sign the City’s Work Order Type Agreement,
a sample of which is attached as Section VI for reference purposes. No Work Order will
exceed $1,000,000 unless authorized by the Purchasing Director. Work Orders in excess
of $300,000 will undergo a competitive process among the awarded qualified pool of
Contractors. Work Orders less than $300,000 may be awarded by the City directly without
a competitive process based on one of the Contractor’s in the pool experience, pricing,
and availability. Alternatively, the City may choose to solicit quotes from the Contractor’s
in the pool. All Work Orders greater than $100,000 will require Payment and Performance
Bonding for the total value of the project.
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Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Contractor, project manager and Purchasing Department representative. Depending on
the cost and nature of the Work, additional signature authorization may be required. Any
changes to the dates, cost or scope of any Work Order must be agreed upon in writing
utilizing the City’s Change Order (included in the Agreement) and will not be considered
valid until signed, at a minimum, by the Contractor, project manager and Purchasing
Department representative.
J. Standard of Conduct
The successful Contractor shall be responsible for maintaining satisfactory standards of
employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall
be responsible for taking such disciplinary action with respect to any employee, as may
be necessary.
The personal conduct of the Contractor and its staff has a direct impact on the quality of
performance. Unacceptable personal conduct/behavior, as defined herein, may result in
immediate or early termination of the Agreement.
The City may request, at their sole discretion, the Contractor to immediately remove from
this assignment any employee found unfit to perform duties due to one or more of the
following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive
language, quarreling, intimidation by words or actions, or fighting. (3) Theft, vandalism,
immoral conduct, or any other criminal action. (4) Selling, consuming, possessing, or being
under the influence of intoxicants, including alcohol or substances, while on assignment
for the City.
All City-owned or operated facilities and their grounds are non-smoking sites.
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Contractor each month
following the submittal of a correct invoice by the Contractor indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type category,
hourly rate for each employee/work type category, date of the work performed specific to
the task, percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Contractor and the City will negotiate an appropriate unit price for the service prior to the
Contractor initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
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Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and 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.
Contractors are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what Contractors
propose to provide and shall be incorporated in the contract award as deemed appropriate by
the City. A proposal that does not include all the information required may be deemed non-
responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Contractors include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Contractor Information
1. Describe the Contractor’s business and background
2. Number of years in the business
3. Details about ownership, including the date the firm was established, how the firm is
organized, and previous names of the firm in the last ten (10) years (if applicable).
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
8. Bonding company reference including firm’s bonding capacity is adequate to
undertake this work.
C. Scope of Proposal
Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
1. Construction Sequencing and Scheduling
The City utilizes ProCore software for Construction Management. Please review
Attachment C - ProCore Standard Operating Procedure (SOP). There is a separate
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SOP for CM/GC’s who currently have a company-wide ProCore account that is used
for all their projects, and one for those who do not currently use ProCore.
Describe the way in which your firm develops and maintains project schedules
utilizing ProCore for projects of this size and nature.
Describe your process and frequency for updating project schedules and how your
firm works to overcome challenges and works to maintain the original completion
date. Submit an example of a project schedule for a similar size project.
2. Method of Construction
Submit a written narrative, including phasing and scheduling, explaining your
approach to the CCPS Southeast Stair Core Replacement project and achievement
of the project goals described in Section I. B. There are several patrons of this facility
accessing the site at any given time, therefore ensuring access at all times will be
important. Provide an estimate for the percent of the construction project you plan to
self-perform for the CCPS Southeast Stair Core Replacement project.
3. Project Budget and Cost Control
a. Describe your approach to developing cost estimates through pre-construction.
b. Describe your approach to developing value engineering ideas through
construction delivery to enhance the work product while potentially saving cost.
c. Describe how the delivery schedule outlined in Section I. B. for the CCPS
Southeast Stair Core Replacement project affects your approach to pricing.
d. Describe your approach to be transparent or open book when developing a cost
for this project in cooperation with the project team.
4. Approach to GMP Negotiation
Describe in detail how your firm uses the markups, CM/GC General Conditions and
direct cost of work to develop the GMP for the project. The City anticipates working
with the Contractor to develop this cost for all known quantities of the project. For
unknown circumstances, the City anticipates negotiating allowances or contingencies
to complete the work. The final project cost will be established as a GMP including a
detailed bid schedule.
D. Firm Capability/Assigned Personnel
1. Partnering Experience
Describe at least 3 projects completed by your firm in the past 5 years where the
CM/GC approach was utilized and partnering was formally implemented.
Provide a list of key staff who participated in these projects and their roles.
Describe in detail what partnering means to your firm and how it is integral to
your business operations.
2. Company Resources
Indicate the total number of personnel employed by the company and how many
resources are in each category (e.g. Administration, Clerical, Estimating, Project
Management, Project Coordinator, Project Engineer, Superintendent, Foreman,
Carpenter, Laborer, etc.). Provide an organizational chart for the resources
proposed to be used on this project. Indicate the office location this project will
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be managed through. Provide a list of items your company typically self
performs and the equipment on hand or owned and managed by the firm.
The City values a company’s investment in supporting the industry with
apprenticeships, volunteer, or intern opportunities, the use of locally sourced
materials and labor, and the ability to recycle materials from generated
construction materials. Describe your previous experience emphasizing local
labor and materials and utilizing pollution prevention techniques.
3. Profile Projects
Provide a brief project description and history of no more than 3 projects, similar
in scope to Work Order 1 – CCPS Southeast Stair Core Replacement, completed
in the last 5 years. Include the following information:
a. Project description that includes the project name, firms that comprised
the design team, and site location. Please include pictures of the work
completed.
b. Project history that includes the original schedule agreed upon at the time
of signing the contract, the actual duration of construction, and any special
characteristics of the project that affected delivery.
c. Type of project delivery model used.
d. Original contract cost.
e. Cost at completion.
f. Original contract time and actual completion time.
Provide a brief discussion of any unusual factors that affected the project delivery
(e.g. owner-initiated delays, additions to the work, etc.). Provide both an owner
reference and consulting engineer/architect reference for cited projects, including
name, contact name, email address and phone number.
4. Trade Subcontractors
Provide a listing of subcontractors for major trades your firm plans to engage to
meet the three-bid requirement. Explain your relationship with these firms, how
long they have worked with you on projects, and how your subcontractor
procurement process works. Give examples of situations where these firms have
performed to tight timeframes and accelerated schedules.
Specific to Work Order 1, provide a list of trade subcontractors you intend to
reach out to and request they bid on this project.
5. Quality Assurance/Quality Control
Provide details on your firm’s quality control program. Explain how your team
administers a quality control program during construction, how performance
measures are documented and how quality issues are addressed.
Provide examples of when your firm exceeded quality standards, gained industry
recognition or received quality awards.
6. Financial Statement
Contractors selected as finalists may be required to submit the most recent
financial statement (audited preferred) including balance sheet and income
statement, as well as a statement of cash flows (the “Financial Information”).
Contractors may also be requested to provide a banking reference (name,
address and phone number). The Financial Information shall be submitted in a
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separate file marked Confidential.
7. Safety – Contractors are required to submit Attachment D – Contractor Safety
Form as part of their proposal.
8. Provide a detailed narrative of the services proposed if awarded the contract per
the scope above. The narrative should include any options that may be beneficial
for the City to consider.
9. Briefly describe the approach to execute the scope of work to include the methods
and assumptions used, and any exceptions and/or risks.
10. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
11. Include a description of the software and other analysis tools to be used.
12. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
13. Are other qualified personnel available to assist in meeting the project schedule if
required?
14. Is the project team available to attend meetings as required by the Scope of Work?
15. Provide an outline of the schedule for completing tasks.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Contractor.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
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initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours and Cost by Task: Provide the cost of each task identified for Work
Order 1: Civic Center Parking Structure Stair Core Replacement by completing
Attachment B – 10116 – CM/GC Scope. Provide a total not to exceed cost for the
Scope of Proposal. Price all additional services/deliverables separately.
2. Schedule of Rates for Future Work Orders/Change Orders:
a. Provide your CM/GC Fee, expressed as a percentage, to be added to the direct
cost of work, including all materials, labor, equipment and subcontractor. This Fee
shall be used to cover all insurance, overhead, mark-up and profit and shall also
be used on any project change orders.
b. Provide a schedule of billing rates by category of employee, 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 a basis for determining fees should additional services be necessary.
Include a per meeting rate in the event additional meetings are needed. A fee
schedule for subconsultants/subcontractors, if used, shall be included.
3. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. Contractor will be
required to provide original receipts to the City for all proposed travel expenses in
accordance with the guidelines outlined below.
The following shall apply to only 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 travel event.
Item Rate Description
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 Economy only. Pre-approval Required.
Mileage GSA IRS Rate, per mile.
Rental Vehicle
Per day, includes car, taxes, gas, tolls, etc. Pre-approval
Required.
Notes
1. All travel and expenses must be related to performing services for the project.
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2. Un-approved travel and expenses will not be considered and will be the sole
responsibility of the Contractor.
3. Out-of-town is defined as greater than 30-miles from City limits.
4. Meals and incidentals incurred for the individual traveling only. Group meals are
at the expense of the Contractor unless pre-approved by the City.
5. Alcohol is not reimbursable.
6. Rental car and IRS mileage reimbursement rate cannot be combined.
As a part of proposal, proposing firms are to provide the following:
a. Bonding Company Reference:
Provide the name, address, and phone number of the firm’s bonding agent.
Provide a letter from the bonding agent indicating the firm’s bonding capacity is
adequate to undertake this work.
b. Insurance Company:
Provide the name, address, and phone number of the firm’s insurance agent(s).
Provide statements to answer the following questions. (See also Insurance
Requirements in Section VII, Sample Agreement).
i. Does coverage meet minimum Project requirements?
ii. Does coverage include builder’s risk?
iii. Can this coverage be extended for work on this Project?
iv. Can coverage be increased?
v. Can the City be listed as an additional insured?
vi. Are there any current claims that will affect coverage limits available for this
Project?
G. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form
indicating the Contractor hereby acknowledges receipt of the City of Fort Collins Request
for Proposal and acknowledges that the Contractor has read and agrees to be fully bound
by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Contractors will be evaluated on the following criteria. This set of criteria will be the basis
for review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Contractors may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
RFP 10116 CMGC Facilities – On-Call Page 24 of 126
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Can the work be completed in
the necessary time? Can the target start and
completion dates be met? Are other qualified
personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
4.0 Firm Capability &
Assigned Personnel
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?
3.0 Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
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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 10116 CONSTRUCTION MANAGER GENERAL
CONTRACTOR FACILITIES - ON CALL and sample Agreement except as otherwise noted.
Additionally, Contractor hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Contractor’s knowledge and belief.
b. Contractor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Contractor acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. 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:
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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.
Services Agreement – Work Order Type
10116 CMGC Facilities – On Call Services Page 27 of 126
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 10116
CMGC Facilities – On-Call. 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
Services Agreement – Work Order Type
10116 CMGC Facilities – On Call Services Page 28 of 126
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
City of Fort Collins
Attn: Eric Cluver
PO Box 580
Fort Collins, CO 80522
ecluver@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
In the event of early termination by the City, the 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.
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10116 CMGC Facilities – On Call Services Page 29 of 126
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
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10116 CMGC Facilities – On Call Services Page 30 of 126
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
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10116 CMGC Facilities – On Call Services Page 31 of 126
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
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10116 CMGC Facilities – On Call Services Page 32 of 126
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]
Services Agreement – Work Order Type
10116 CMGC Facilities – On Call Services Page 33 of 126
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
CONTRACTOR'S NAME
By:
Printed:
Title:
Date:
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10116 CMGC Facilities – On Call Services Page 34 of 126
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: 10116 CMGC Facilities – On-Call
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)
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10116 CMGC Facilities – On Call Services Page 35 of 126
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
CONSTRUCTION WORK ORDER
FOR
[ORIGINAL PROJECT # AND NAME]
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
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10116 CMGC Facilities – On Call Services Page 36 of 126
TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR OR CM/GC):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE: 10116 CMGC Facilities – On-Call
ENGINEER:
OWNER’S REPRESENTATIVE:
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). 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.
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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
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10116 CMGC Facilities – On Call Services Page 40 of 126
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:
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10116 CMGC Facilities – On Call Services Page 41 of 126
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.
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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:
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10116 CMGC Facilities – On Call Services Page 43 of 126
OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference and the attached Notice to Proceed is hereby given.
ACCEPTANCE: Date: _____
, Projects Manager
OWNER: CITY OF FORT COLLINS
ACCEPTANCE: ___________________________________________ Date: __________
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ACCEPTANCE: ___________________________________________ Date: __________
Gerry Paul, Purchasing Director
(if greater than $60,000)
APPROVED AS TO FORM: __________________________________ Date: __________
ATTEST: ___ ________________________________________ Date: __________
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10116 CMGC Facilities – On Call Services Page 44 of 126
BID SCHEDULE
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10116 CMGC Facilities – On Call Services Page 2 of 126
SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 10116 CMGC Facilities – On-Call
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: ___________________________________________
___________________________________________
Name & Title
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
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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 10116 CMGC
Facilities – On-Call 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.
Services Agreement – Work Order Type
10116 CMGC Facilities – On Call Services Page 5 of 126
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
Services Agreement – Work Order Type
10116 CMGC Facilities – On Call Services Page 6 of 126
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 10116 CMGC
Facilities – On-Call, a copy of which is hereto attached and made a part hereof, for the
performance of The City of Fort Collins Work Order, titled , Work Order Number ,
dated the day of , , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Agreement and any authorized extension or modification
thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
Services Agreement – Work Order Type
10116 CMGC Facilities – On Call Services Page 7 of 126
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
Services Agreement – Work Order Type
10116 CMGC Facilities – On Call Services Page 8 of 126
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in
accordance with the following:
1. The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the
Contractor’s general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
10116 CMGC Facilities – On-Call
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 decla red to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
_____________________________ By: __________________________ ________
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance
under the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE: ________________, _____
TO:
Gentlemen:
You are hereby notified that on the day of , , the City of Fort Collins, Colorado,
has accepted the Work completed by , for the City of Fort Collins Work Order, titled ,
Work Order Number under 10116 CMGC Facilities – On-Call.
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
AGREEMENT, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 10116 CMGC Facilities – On-Call
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the
OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the buildings
on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various Subcontractors
or materialmen or their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or possible future mechanic's
liens or rights or claims against the project or any funds in the OWNER'S possession or
control concerning the project or against the OWNER or its officers, agents, employees or
assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any,
and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys fees,
incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material
bonds for the project.
Signed this ______ day of __________, ___.
CONTRACTOR:
By: ___________________________________________
___________________________________________
Name & Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
_________________________
Notary Public
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
WORK ORDER # & TITLE:
ORIGINAL BID/RFP # & TITLE: 10116 CMGC Facilities – On-Call
CONTRACT DATE:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Contract between the OWNER and the
CONTRACTOR as indicated above, for the Work Order titled on bond of
, (Surety) _______________________________________
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER,
as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of
_________ _, _____.
____________________________________________
(Surety Company)
By: ________________________________________
(Name) Attorney-in-Fact
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins
Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project defined in the
Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous,
beneficial operation of the modifications, and all inspections required have been
completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43.A. Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work, pursuant
to the Agreement and all as required by the Contract Documents, and that becomes a
Contract Document when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten days after the Contract Times
for a Work Order start to run, but before any Work at the site is started, a 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
Conditions and Contract Documents shall permit or require any action of
CONTRACTOR in the absence of a signed and executed Work Order. All provisions
of this Article 2 and of the General and Supplementary Conditions and Contract
Documents referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as referencing and,
as appropriate, requiring a signed and executed Work Order.
SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the
General Conditions:
4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site have been utilized by the Engineer in preparation
of the Contract Documents, except the following:
SC-5 BONDS AND INSURANCE
SC-5.4.7. Include the following parties or entities as additional insureds, as provided in
paragraph 5.4.7 of the General Conditions:
5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado
80522
5.4.7.2. .
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as follows:
For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B -
$100,000 / $100,000 / $500,000.
For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will
have limits of $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations coverage /
product liability coverage with limits of $1,000,000 combined single limits (CSL). This
policy shall also include an Umbrella Excess Liability as follows: General liability and
automobile liability insurance in an amount not less than $1,000,000 per occurrence
in excess of the above stated primary limits.
SC-6 CONTRACTOR’S RESPONSIBILITIES
SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract Documents
as mandated by statute or for the convenience of the CONTRACTOR. Other Laws
and Regulations apply which are not included herein, and are within the
CONTRACTOR's duty and responsibility for compliance thereto:
6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in
the vicinity of such facilities.
6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price
involved, or other good reason, before or at the time that the contract is 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.
This provision specifies the procedure for the determination of time extensions for
abnormal weather
conditions in accordance with the Contract Documents. In order for the Owner to
award a time extension to the Contractor and pay for additional general conditions for
abnormal weather conditions, the following conditions must be satisfied:
1. The weather experienced at the Project site during the Contract period must be
found to be abnormal weather, that is, more severe than the adverse weather
anticipated for the Project location during the Contract period.
2. The abnormal weather must actually cause a delay to the completion of the Project.
The delay must be beyond the control and without the fault or negligence of the
Contractor.
3. For an abnormal weather conditions delay to count, it must prevent work on Critical
Path activities for 50 percent or more of the Contractor's scheduled work crew, for 50
percent or more of the day.
4. The weather must exceed the schedule of monthly adverse weather condition
delays based on National Oceanic and Atmospheric Administration (NOAA) historical
data for the Project location as stated below. This will constitute the baseline for
monthly weather time evaluations. The Contractor's progress schedule must reflect
these anticipated adverse weather delays in all weather dependent activities.
MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON
(5) DAY WORK WEEK.
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
5 4 3 3 4 4 5 5 3 2 3 5
Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the
Contract, the Contractor will record on their daily report, the occurrence of adverse
and subsequent abnormal weather conditions and resultant impact to normally
scheduled work. Actual abnormal weather condition delay days must prevent work on
Critical Path activities for 50 percent or more of the Contractor's scheduled work crew,
for 50 percent or more of the day. The number of abnormal weather condition delay
days shall be days in excess of the actual adverse weather within the designated
month, and be calculated chronologically from the first to the last day of each month,
and be recorded as full days. Unutilized adverse weather days do not carry-forward or
accumulate. In accordance with the above, the Contractor is to notify the Owner (City
of Fort Collins Project Manager) within 24 hours of each identified weather condition
delay day, and at the end of each month in writing of the number of actual abnormal
weather delays they incurred for the month. If the number of actual abnormal weather
delay days exceeds the number of anticipated adverse weather delay days listed
above, the Project Manager will review the Contractor’s documentation and give full
consideration for equivalent fair weather workdays, and track the days on a log. If all
four conditions listed above are satisfied, the Owner will issue a change order to the
Contractor for the additional days to the project schedule and the general conditions
associated with these abnormal weather days.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions:
14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the Allowable
Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall
be advanced to the Contractor for mobilization in the first progress payment.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL BID/RFP # & TITLE:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
_________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Purchasing Agent if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
Project Manager Contractor
SECTION 00960
PAYMENT APPLICATION
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00