HomeMy WebLinkAboutRFP - 7491 BLOCK 32 CM/GC IMPROVEMENTS (2)RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 1 of 41
REQUEST FOR PROPOSAL
7491 BLOCK 32 CM/GC IMPROVEMENTS
The City of Fort Collins is requesting proposals from qualified Construction
Managers/General Contractors (CM/GC) for construction expertise related to the design
and construction of the new buildings to be constructed on Block 32 and the renovation of
the existing Utilities administration building at 700 Wood Street.
Proposals submission via email is highly preferred. Proposals shall be submitted n
Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing
to submit hard copy proposals instead, eight (8) copies, will be received at the City of Fort
Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
Proposals will be received before 3:00 p.m. (our clock), May 10, 2013 and referenced
as Proposal No. 7491. If delivered, they are to be sent to 215 North Mason Street, 2
nd
Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the grounds
of race, color, national origin for all proposals for negotiated agreements.
A pre-proposal meeting will be held April 30, 2013 at 10:00 am in the Community
Room at 215 N Mason Street, Fort Collins.
Questions concerning the scope of the project should be directed to Project Manager,
Brian Hergott, Facilities Project Manager at (970) 221-6804 or bhergott@fcgov.com.
Questions regarding bid submittal or process should be directed to
John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 or jstephen@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly
identified and will be protected to the extent legally permissible. Proposals may not be
marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to
material treated as confidential in the normal conduct of business, trade secrets, discount
information, and individual product or service pricing. Summary price information may not
be designated as proprietary as such information may be carried forward into other public
documents. All provisions of any contract resulting from this request for proposal will be
public information.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 2 of 41
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or
indirectly any decision-making authority concerning such sale or any supervisory authority
over the services to be rendered. This rule also applies to subcontracts with the City.
Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of
monetary value from any person who has or is seeking to do business with the City of Fort
Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
John D. Stephen, CPPO, LEED AP
Interim Director of Purchasing & Risk Management
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 3 of 41
TABLE OF CONTENTS
CHAPTER 1 – GENERAL INFORMATION ......................................................................................4
CHAPTER 2 – OBJECTIVES ......................................................................................................... 10
CHAPTER 3 – SPECIAL INTERFACES......................................................................................... 15
CHAPTER 4 – QUALIFICATION REQUIREMENTS ...................................................................... 17
CHAPTER 6 – PROPOSAL EVALUATION CRITERIA ................................................................... 22
CHAPTER 7 – PROPOSED FEE SCHEDULE ............................................................................... 24
CHAPTER 8 – SERVICES AGREEMENT/WORK ORDER ............................................................ 27
SERVICES AGREEMENT ............................................................................................................. 27
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 4 of 41
CHAPTER 1 – GENERAL INFORMATION
1. GENERAL
The City of Fort Collins is seeking qualifications for the best possible CM/GC to
assist with the planning, design and possible development of Block 32 in
downtown Fort Collins and renovation of the existing Utilities Service Center
(USC) building. The City envisions block 32 being developed to integrate with
the existing office building at 215 N. Mason and provide a city campus with
multiple municipal buildings.
This is a one year agreement but, at the option of the City, the Agreement may
be extended for additional one year periods not to exceed four (4) additional one
year periods. Pricing changes shall be negotiated by and agreed to by both
parties and may use the Denver - Boulder CPI-U as published by the Colorado
State Planning and Budget Office as a guide. Written notice of renewal shall be
provided to the Service Provider and mailed no later than 90 days prior to
contract end. Awarded contractor must sign the attached Service Agreement
and provide insurance per Exhibit “B”.
The selected CM/GC may be retained for multiple future phases of the work. The
City of Fort Collins will utilize the services of the CM/GC on an as needed basis
for the remaining block 32 development which may take up to 5 or more years for
development.
The selected Construction Manager/General Contractor (CM/GC) will assist the
design team with cost estimating, construction methods and approach
evaluations, construction sequencing and scheduling and other constructability
considerations during designs and issued by a Work Order. The contractor will
be part of the design team and will be compensated for this participation based
on the pre-construction price submitted in their proposal. Following the
preparation of final design drawings and construction specifications, the City
expects to negotiate a guaranteed maximum price (GMP) contract(s) with the
selected CM/GC for construction of the designed improvements. The final price
negotiation(s) may be subject to outside review and auditing. The CM/GC will be
required to enter into an agreement and sign the City’s standard Construction
Contract. If negotiation’s cannot be successfully completed with a CM/GC for a
GMP, then the City of Fort Collins reserves the right to hard bid the work.
2. PROJECT OVERVIEW
Phase I
The City of Fort Collins will be performing space planning of the existing Utility
Service Center (USC) at 700 Wood Street, space planning for new Customer
Service Building (CSB) for block 32 and conceptual/master planning for entire
Block 32 in downtown Fort Collins. Anticipate two months to complete this phase.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 5 of 41
Phase II
The City of Fort Collins may then move into a phase II, which is the design and
construction of the new CSB on Block 32 and design and renovation of the
existing USC building at 700 Wood Street. Anticipate eight months for design
and twelve months for construction of this phase.
Phase III
The City of Fort Collins could then look to begin design and construction of other
municipal buildings on Block 32. Timeframe is unknown for this phase.
A primary goal of these projects is to demonstrate and showcase sustainable
design and construction. These projects present the opportunity for the City of
Fort Collins to “walk the talk” by demonstrating best practices in high
performance new construction and retrofit projects.
The City of Fort Collins is looking to design and construct these new projects
around the 2030 Energy Challenge. It is the policy of the City of Fort Collins that
all new buildings and major renovations earn enough credits using the US Green
Building Council’s (USGBC) LEED™ Green Building Rating System to earn a
minimum “Gold” certification with the desire to achieve “Platinum” certification.
The most current version of LEED™ at the time of project design shall be used.
Specific projects may have goals above and beyond this minimum requirement,
either in overall rating or for minimum numbers of credits from specific
categories.
All buildings associated with this RFP should meet the following energy goals:
• Architecture 2030 Energy Challenge, which would target each building for
meeting an Energy Use Intensity of 30 kBtu/sf/yr. (both CSB and USC)
• The CSB should exceed the City’s minimum standard of achieving a LEED
Gold rating and pursue the Platinum level. The project should achieve a
minimum of 15 points from Energy and Atmosphere credits.
• The USC should meet the City’s minimum standard of achieving a LEED
Gold rating. The project should achieve a minimum of 15 points from the
Energy and Atmosphere credits.
• The CSB should achieve an ENERGY STAR rating of 100 with
certification.
• The USC should achieve an ENERGY STAR rating of 80 with certification.
3. REQUIREMENTS
The City of Fort Collins is requesting proposals to select a construction firm for
construction management and general contractor services related to master
plannning of Block 32 and space planning for CSB on Block 32 and renovation
of existing USB at 700 Wood Street. The City is anticipating having the full team
in place by June 2013.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 6 of 41
The City of Fort Collins desires to have the construction firm provide many
services for the various phases mentioned earlier. These services are to be
included in a single CM/GC or CMAR Agreement which would be modified by
change order if additional phases are added.
A. Pre-Construction Services
Provide input on construction cost impacts for various master planning
layouts.
Provide input on existing building structural, mechanical and electrical
components and options for modifications.
Review of site layout and how it will work with existing elevations and
contours.
Estimating cost of the various options, alternatives and components.
Review of designs for constructability and phasing to maintain operations.
Providing opinions and recommendations on suitable methods and
approaches to accomplish the work and minimize impact to operations.
Offer value engineering suggestions to accomplish the desired objectives
in the most cost effective manner possible.
Provide the team with up to date on-going cost status of the current
project design.
Provide information on material availability and other resources for LEED.
B. Construction Services (If move to phase II or III)
Full time site supervision when trades are working
Stormwater management for the project site
Site protection and security during construction
Open competitive procurement of all subcontractors and suppliers to
complete construction of projects.
Project sequencing and scheduling of all manpower, materials and
equipment
Manager Project Safety
Manage Project Quality Control
Manage Project Close-out
Manager Project Warranty Period
The CM/GC is required to commit key staff members to assist the project team
by attending regularly scheduled project meetings and preparing information or
responses to issues in advance of meetings. Normally, attendance will be
required by the CM/GC’s project cost estimator, project manager and project
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 7 of 41
superintendent. In the event key technical functions are subcontracted or done
by a consultant, the subcontractor or consultant shall assist the CM/GC firm in
fulfilling its responsibilities under the agreement during the design phase(s),
including participation in design discussions. (Note: Key personnel must be
committed to this project for its duration, unless approved in writting by the
Owner. This requirement is non-negotiable.)
The City staff works very closely with the Architect/Engineer and the CM/GC on a
day to day basis as part of a team during integrated design and construction of
each project. Traditional adversarial roles are not an acceptable way of doing
business. You are encouraged to ask any questions that you may have about
this process at our pre-proposal meeting.
In the event it becomes necessary to revise any part of the “Request for
Proposal” a written addendum will be issued. Each Proposal shall state it is valid
for a period of not less than ninety (90) days from date of proposal opening.
Further, the City of Fort Collins retains the right to reject all proposals and re-
solicit, if deemed to be in the best interest of the city.
The actual amount of work to be performed, the time of such performance and
the location of work, will be determined by the City Project representative who
will issue formally executed work orders or amendments to the contract. The
only work authorized under this contract is that which is performed after receipt
of such work orders or amendments. The City of Fort Collins makes no
guarantee as to the number of work orders or amendments or actual amount of
services which will in fact be requested, but would prefer to have all planning
and design completed for block 32 within the next 5 years and construction
completed following the design.
The City of Fort Collins Facility Services has Auto- CAD-2004, 2007, 2008 and
2012. Therefore, the hired CM/GC must have the capability of reading
appropriate drawings which can be read by AutoCAD. For space management,
the City uses “FM:Space-Mgt.” software by FM:Systems.
Construction documents will be prepared using the CSI format (2004) and the
City of Fort Collins modified EJCDC General Conditions and City standard
contract documents. These documents will be provided by the City of Fort
Collins.
Projects located within the boundaries of the City of Fort Collins may be
subject to the City’s Land Development Process.
A detailed Scope of Work for each project and exact services desired will be
developed during the work order or contract process.
The successful team will be responsible for meeting all state and local
requirements in the construction of the City facilities. The standards referenced
and included in this RFP are intended to establish the expectations the City has
for this project regarding quality of materials, workmanship and performance.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 8 of 41
4. TEAM BUILDING
The City desires a successful project for everyone involved. The City would like
to create an environment where trust and teamwork prevent disputes, foster a
cooperative bond to everyone’s benefit, and facilitate the completion of a
successful project. The city will conduct a partnering session once the design
team and contractor are on board to help facilitate an integrated project team for
planning, design and construction.
5. CM/GC SELECTION PROCESS
Qualified CM/GC’s interested in the work described in this request should submit
a minimum of the following information listed in chapter 5 to the City:
Procurement Schedule:
A work order will be developed for each desired service at the time of work
initiation.
The schedule for this request for proposal is:
Pre-Proposal Meeting April 30, 2013
Proposals Due May 10, 2013
Interview of top ranked firms June 4, 2013
6. PURCHASING RESTRICTIONS
The proposer’s authorized signature on the proposal assures the team’s
compliance with City of Fort Collins’ purchasing restrictions. A copy of the
restrictions is available for review in the Purchasing and Risk Management
Division or the City Clerk’s Office. City of Fort Collins’ Resolution 91-121
requires that suppliers and producers of cement, or products containing cement,
to certify that the cement was not made in cement kilns that burn hazardous
waste as fuel.
7. THE CAPITAL PROJECTS PROCEDURE MANUAL
The City of Fort Collins has adopted the uses of the Capital Projects Procedures
Manual. This manual can be downloaded at the following address:
http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CORRESP
ONDENCE&dn=Purchasing&q=Capital+Manual+Projects
The detailed Scope of Work for this project will relate to this manual. This
manual correlates very closely to the phases of work sequence by the American
Institute of Architects. It includes site analysis, schematic design, design
development, construction documents, bidding, construction administration and
project close-out. This manual will be available for use by the selected team.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 9 of 41
8. BUILDING DESIGN AND CONSTRUCTION STANDARDS MANUAL
The City of Fort Collins has developed a Building Design Standards Manual.
This manual will be available for use by the selected team and can be
downloaded at the following address:
http://www.fcgov.com/opserv/design-standards.php.
This manual is updated periodically, unless otherwise modified by written notice,
the CM/GC will be responsible for complying with this manual as of the date of
the written work order for services.
9 AGREEMENT
Prior to construction and depending on the cost of the project, the contractor may be
required to provide payment and performance bonds and sign the City of Fort Collins’
Standard Construction Contract. This document is available for review on the web at:
http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CONTRACT&q=VE
RTICAL+CONSTRUCTION
10. STORMWATER MANAGEMENT
The City of Fort Collins requires all projects with over 10,000 SF of disturbed site
to follow the required MS4 requirements and a SWMP Binder be maintained on
site. You can review the city SWMP requirements at:
http://www.fcgov.com/utilities/business/builders-and-developers/development-
forms-guidelines-regulations/stormwater-criteria
All projects with more than one (1) acre of disturbance are also required to
following the state of Colorado CDPS General Stormwater Permit requirements.
The SWMP Binder requirements are listed as an appendix of the Building Design
and Construction Standards.\
11. QUALITY ASSURANCE/ QUALITY CONTROL
The City of Fort Collins has developed a Quality Assurance/ Quality Control Plan.
This plan will be available for use by the selected team and can be viewed as an
appendix to the Building Design and Construction Standards.
12 STATE TAXATION
The City of Fort Collins is exempt from all state taxation including state sales and
use taxes.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 10 of 41
CHAPTER 2 – OBJECTIVES
1. DESCRIPTION
Phase one is to conceptual/master plan for Block 32, space planning for the new
CSB (approx. 35,000 SF) on Block 32 and space planning for existing USC at
700 Wood Street.
Phase two could be the design and construction of the new CSB on Block 32 and
the design for the renovation of the existing USC building at 700 Wood Street.
Phase three could be the design of other municipal building(s) on Block 32.
A. Conceptual/Master Plan Block 32
The City is planning to eventually deconstruct all buildings on Block 32 except
215 N. Mason along the east property (completed in 2001, Haiston Oil
Building along the north property and the small building housing Fort Collins
Bike Library along the south property.
A conceptual plan is needed to look at how the remaining property can be
utilized efficiently to provide facilities for the relocation of other service
departments and personnel noted in Chapter 1 above.
B. Utilities Customer Service Building (CSB)
The CSB will be located on Block 32. It will be designed to accommodate the
Utilities Executive Director and Administration, Customer Service (currently at
117 N. Mason), Outreach and Education, Key Accounts, ClimateWise,
Regulatory and Government Affairs, Energy Services, Water Conservation,
Sustainability Services, and some Utilities IT staff. The following table is from
preliminary studies to summarize estimated staff resources to be located at
the CSB.
Table 1 – Preliminary Space Requirements for CSB
The design and construction budget for CSB is NTE $9.6 Million.
Department Number of Staff
Moving from USC to CSB 43
Customer Service Division 32
Sustainability Services Department 35
IT Staff from USC to CSB
(estimate)
4
Flex office space (estimate) 5
Future (10%) 12
Total staff at CSAB 131
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 11 of 41
C. Utilities Service Center (USC) at 700 Wood Street
The USC will be remodeled to create improved facilities for Light and Power
crews, optimize and integrate space in the entire building for improved staff
performance, reduce energy and water use, improve site sustainability
practices, and enhance indoor environmental quality (e.g., comfort, health,
operational performance). This will consist of modifying existing building
layout and making major building envelope and energy conservation
improvements including replacement of the building HVAC system. There will
be approximately 230 staff remaining at the USC after the move to CSB. The
renovation work will incorporate approximately 65,000 SF.
The design and construction budget for the USC renovation is NTE $6.8
Million
2. IMAGE
Project Positive Image to the Community
a. Convey sense of permanence and community pride.
b. Timeless look, not “trendy”.
c. Avoid flashy or lavish looking.
d. Solid and permanent.
e. Useful and efficient.
f. Fits well into site/environment.
g. Connects the indoors and outdoors experiences.
h. Attractive for building users and visitors.
Welcome Persons with all Levels of Abilities
a. Friendly barrier-free design.
b. Integrate the elderly and disabled without stigmatizing them.
c. Universal design for entire population using the facility
d. Warm, professional and welcoming.
e. The building should “delight” those using the facility.
3. FLEXIBILITY/DURABILITY
Avoid having the Building Become “Outdated” in 5-10 Years
a. “Serviceable” life of the building anticipated to be 75+ years.
b. Tie-in well with existing building at 215 N. Mason and the design
c. Maximize use of re-locatable/reusable/recyclable products.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 12 of 41
Minimize On-Going Operation, Maintenance and Repair Costs
a. Design for the lowest feasible operating costs.
b. Reduce need to repair or replace equipment and materials.
c. Use materials that prolong the useful service life of the building.
d. Ensure equipment and corresponding distribution network is accessible for
serviceability.
e. Consider maintenance costs in the life cycle analyses of equipment,
systems and materials.
4. WORK ENVIRONMENT
a. Recognizing that people are the highest cost associated with buildings,
provide an “uplifted” work environment that supports and enhances worker
productivity, as well as the user experience.
b. Design high quality lighting utilizing daylighting and quality, energy
efficient electric lighting.
c. Maximize physical and visual connections to the outdoors, without
negatively impacting energy use.
d. Create a thermally comfortable environment with minimal use of energy.
e. Provide good indoor air quality through use of non-toxic materials, well-
designed ventilation, etc.
f. Minimize HVAC, and other equipment noise.
5. SUSTAINABLILITY
A. Background
Definition of Sustainable Design: “Meeting the needs as a society today
without compromising the ability of future generations to meet their needs”.
The primary goal of these projects is to demonstrate and showcase
sustainable design and construction. These projects present the opportunity
for Utilities to “walk the talk” by demonstrating best practices in high
performance new construction and retrofit projects.
Sustainable development ideally results in the following benefits: Energy and
water savings, reduced pollution, conservation of natural resources, promotes
recycling, better indoor air quality, enhanced occupant comfort, productivity
and performance, enhanced building durability, and reduced maintenance
costs.
High environmental quality, outdoors as well as indoors, is essential for the
employees’ long-term health and welfare. The objective is to provide
employees and customers with environmentally sound facilities, while
providing the city as a whole with a model for the energy, environmental, and
economic benefits of sustainable development. Balancing initial construction
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 13 of 41
costs and long-term operational costs will be an important challenge. The
integrated design team will be expected to use an integrated “whole building”
design approach to take into consideration the effect of design elements,
energy and resource constraints, building systems, and building function have
on one another. Use of an integrated approach is required to address
building shape and orientation, daylighting opportunities, building envelope,
and building system choices. Use of a multidisciplinary team approach that
allows all team members to share specialized expertise and coordinate their
individual efforts to achieve a synergistic, environmentally responsible
building is essential to our success.
The CM/GC, will collaborate with all consultants and the design team to work
as an integrated design team and help maintain the focus and commitment to
the integrated energy/high performance goals of the project. Commitment to
continuous refinement and design optimization is essential to achieving these
goals. All team members will be encouraged to participate in evaluating
innovative high efficiency design ideas in a cooperative, creative atmosphere.
The impacts of changes in any one system shall be evaluated in relation to
the whole building capital cost, operating cost, and effect on the objectives
and targets of the project. Use of computer modeling as part of the whole
building design optimization process, is required.
Operating and maintenance costs over the typical life span of a City facility
(75 plus years) can be many times the initial capital cost of the equipment.
Utilization of lifecycle economic analysis to guide the integrated design team
to the options that will produce the greatest savings over the life of the
building is essential. Functional and easily maintained building systems with
low life cycle operating costs is fundamental to effective and efficient
operation of the finished facility.
B. Energy Efficiency
Goals
It is proposed that these two facilities be designed to be “net zero energy
ready”. This means that the buildings will be designed and constructed to
have very low energy use such that addition of on-site renewable energy
(e.g., photovoltaic) could make them net zero energy buildings on an annual
basis. Note that the on-site renewable systems may be added at a later date.
The buildings should meet the following energy goals:
• Architecture 2030 Energy Challenge, which would target each building
for meeting an Energy Use Intensity of 30 kBtu/sf/yr. (both CSB and
USC)
• The CSB should exceed the City’s minimum standard of achieving a
LEED Gold rating and pursue the Platinum level. The project should
achieve a minimum of 15 points from Energy and Atmosphere credits.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 14 of 41
• The USC should meet the City’s minimum standard of achieving a
LEED Gold rating. The project should achieve a minimum of 15 points
from the Energy and Atmosphere credits.
• The CSB should achieve an ENERGY STAR rating of 100 with
certification.
• The USC should achieve an ENERGY STAR rating of 80 with
certification.
C. Sustainable Design Rating System
It is the policy of the City of Fort Collins that all new buildings and major
renovations earn enough credits using the US Green Building Council’s
(USGBC) LEED™ Green Building Rating System to earn a minimum “Gold”
certification with the desire to achieve “Platinum” certification. The most
current version of LEED™ at the time of project design shall be used.
Specific projects may have goals above and beyond this minimum
requirement, either in overall rating or for minimum numbers of credits from
specific categories. (See section b above).
D. Water Conservation
Water efficient and conserving design, both indoors and out will be required.
The water conservation objectives include:
• Reducing treated water use
• Reducing run-off and impact on the storm water system
• Reducing amount of waste water requiring treatment
E. Buildings that Teach: Sustainable Design Education
These facilities should be designed to offer interactive insights to provide
insights and information to visitors about sustainability and sustainable
design. Sustainable buildings provide an opportunity for a superior visitor
experienced, and reinforced commitment to reflecting the values of the
community. These buildings should:
• Enhance the user experience
• Teach principles and methods of sustainable design
• Harmonize with the natural environment
6. The City of Fort Collins requires all subcontractors and suppliers be contracted
with the CM/GC and them having a history of working for the City of Fort Collins
is preferred. The CM/GC is required to complete a minimum of 20% of the work
with their own forces under their own payroll.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 15 of 41
CHAPTER 3 – SPECIAL INTERFACES
1. SUSTAINABLE DESIGN
It is the policy of the City of Fort Collins that all new buildings and major
renovations earn enough credits using the US Green Building Council’s
(USGBC) LEED™ Green Building Rating System to earn a minimum “Gold”
certification with the desire to achieve “Platinum” certification. The most current
version of LEED™ at the time of project design shall be used. Specific projects
may have goals above and beyond this minimum requirement, either in overall
rating or for minimum numbers of credits from specific categories. It is not the
intent to “chase LEED points”, but to earn them through good high-performance
building design.
2. A/E DESIGN TEAM
The City of Fort Collins is in the process of hiring an A/E Design team to work as
an integral member of the integrated design team. The design team will begin
work on Block 32 master/conceptual plan and will coordinate the plan reviews
and budget updates with the CM/GC.
3. ENERGY MODELING
The City of Fort Collins will provide the energy modeling services and the design
team will be asked to coordinate the LEED design with this firm. The CM/GC will
be involved as requested by the design team.
4. COMMISSIONING
The City of Fort Collins will provide the commissioning firm and the design team
will be asked to coordinate the design with this commissioning agent. The
CM/GC will coordinate all necessary construction activities with the
commissioning agent.
5. ART IN PUBLIC PLACES
The City of Fort Collins requires all capital projects to include 1% of the
construction budget for art work. The design team will be requested to work with
an artist from the City’s “Art in Public Places” Program with the intent to design
artistic elements into the project concept, and within the APP budget for this
project. A member of the design team will be added to the committee that
selects the artist. The City will contract directly with the artist for their
participation. The CM/GC will be required to provide input on the constructability
and sequencing of this scope of work and coordinate the installation with their
contract work.
6. FURNITURE DESIGN AND INSTALLATION
The City of Fort Collins will be responsible for the furniture procurement. It is
intended the design professional will provide the design and coordination of this
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 16 of 41
effort. The CM/GC will include the installation of the furniture in their master
schedule and help coordinate deliveries and installation while they are working
through the punch list.
7. TESTING SERVICES
The City of Fort Collins will be responsible, by separate contract for all Geo-tech
and testing services (soils, concrete, asphalt, structural steel, etc.). It is intended
the CM/GC will coordinate all site testing services.
8. COMMUNICATION WORK
Design team will be responsible for design of communication (telephone and
computer cabling), Fire Alarm and Security for the facility. All conduits and
raceways will be installed under the CM/GC agreement along with all of the Fire
Alarm and Security equipment. The telephone and computer cabling will be
installed outside of the CM/GC agreement, but the CM/GC will include the work
in their master schedule and coordinate installation.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 17 of 41
CHAPTER 4 – QUALIFICATION REQUIREMENTS
Only Teams that have the requisite experience and qualifications are encouraged to
submit proposals.
Describe your approach to this project and include this information in the “Qualifications”
portion of your response.
1. General Company Information
Name of firm, contact person for this proposal, title, phone number, fax number,
street and mailing addresses, and previous names of firm in last 10 years, and
date firm established. Provide a brief project description and history for projects,
similar in scope to this project, completed in the last 5 years. Include the
following information.
a. Project description that includes the project name, firms that comprised
the design team, gross square footage, major structural system(s), and
HVAC system.
b. Project history that includes the original schedule agreed upon at the time
of signing the contract, the actual duration of design and construction, and
any special characteristics of the project.
c. Type of project delivery method used for design and construction.
d. Names, addresses and telephone numbers of project owners.
2. General Company Resources
Indicate the total number of personnel employed by the company and how many
resources are in each category. (ie. Admin, Clerical, Estimating, Project
Management, Project Supervision, Project Coordinator, Project Engineer,
Foreman, Carpenter, Laborer, etc.) Provide organization charts for each of these
resources. Indicate office location if not based in the office location in item 1
above.
3. Key Project Staffing
Names and resumes of key project staff, including proposed project cost
estimator, project manager, construction project superintendent. Indicate
pertinent work experience and any post high school construction management or
engineering education. Include LEED Education and experiences, references
from owners and consulting engineers for the last 3 projects for each assigned
person, and similar references for work on recent similar building projects for
each (If not among last three projects). Detail the availability of staff assigned.
(Note: Key personnel must be committed to this project for its duration, unless
excused by the Owner. This requirement is non-negotiable.)
List any subcontractors or consultants you will be using for your project staff and
include their name, employer and their resume.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 18 of 41
4. Project Experience
Provide brief summary of 2 similar construction project work performed by the
firm in the last 5 years. Highlight any participation by key staff proposed for this
project. Provide data on:
A. Contract Cost
B. Cost at completion and number of change orders
C. Contractor, subcontractor or owner initiated claims and their resolution
D. Contract time for completion when bid
E. Actual completion time
F. LEED Certifications achieved
Brief discussion of any unusual factor is encouraged (e.g. owner initiated delays,
additions to the work, etc.). Provide both an owner reference and consulting
engineer reference for cited projects.
5. Project Budget and Cost Control
A. Describe your commitment to providing realistic construction cost to the
team they can use and trust for their design and the methodology used for
confirming and controlling cost for each phase of the project.
B. Describe your approaches used to cut costs when estimated costs exceed
the budget.
C. Describe your approach to be transparent or open book and show the
team your actual cost, markup and profit.
D. Provide a sample of a pre-construction cost estimate showing the detail
you provide the team for review.
6. Construction Sequencing and Scheduling
E. Describe the scheduling software your firm typically uses for sequencing
task and scheduling subcontractors, materials and equipment. Describe
the way in which your firm develops and maintains project schedules for
projects of this size and nature. Describe your process and frequency for
updating project schedules and how your firm works to overcome
challenges and works to maintain the original completion date. Describe in
detail the duration you anticipate for pre-construction and construction of
phase one and submit an example of a project schedule for phase one
having less than 200 tasks.
F. Describe your firms Ability/Willingness to meet fast track schedules and
deadlines.
7. Quality Assurance/Quality Control
Provide details on your firm’s commitment to Quality and attention to detail.
Explain the processes your team will use to assure we have a high quality
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 19 of 41
finished product.
8. Partnering Experience
Describe 2 experiences by the firm or key staff with similar
owner/engineer/contractor teams. Describe the firm’s experience in Partnering,
both formal and informal. Highlight any partnering experience by key staff
proposed for this project. Provide references for cited experience.
9. Safety Record
Provide the firm’s OSHA reportable accident rate and current workman’s
compensation insurance multiplier for the last 3 years.
Provide the OSHA reportable accident rate on projects managed by the
proposed superintendent or project manager over the three year period
(depending on who is assigned site safety responsibility in the contractor
organization).
Provide a list of all projects in the last 5 years that have received an OSHA
citation either to the GC or subcontractor on the jobsite and provide a narrative of
the citations.
10. Subcontractors
Based on the description of the work in this request, describe which portions of
the work will be performed by subcontractors and what work will be performed by
your crews to meet the 20% requirement.
11. Financial Statement
Provide a recent financial statement (audited if possible) including balance sheet
and income statement showing:
A. Current assets
B. Other assets
C. Current liabilities
D. Other liabilities
F. Fixed assets and equipment
G. Banking Reference (Provide name, address and phone number)
12. Bonding Company
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.
13. Insurance Company
Provide the name, address and phone number of the firm’s insurance agent(s).
Provide certificate of insurance outlining coverage and policy limits. Can this
coverage be extended for work on this project? Can coverage be increased? Can
City be listed as an additional insured? Are there any current claims that will
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 20 of 41
affect coverage limits available to the City for this project?
14. References
Provide five (5) current references from clients of similar work. Make sure letters
Include client name, address, contact and telephone number.
15. Agreement
Prior to construction the contractor will be required to sign the City of Fort Collins’
Standard Construction Contract Agreement listed in Chapter 6. Any exceptions to
the agreement must be stated with your submission of qualifications for this
project. The City makes no guarantees it will change the agreement but may
consider the exceptions.
16. Experience with LEED and Sustainable Design and Construction
State the firm’s commitment to and experience with whole-building performance
with LEED and sustainable design and construction. List projects completed
within the past 5 years that feature workable, cost-effective, low energy, and
sustainable design strategies. Include:
a. Description of the low energy, sustainable design features of each project.
b. Descriptions of energy analysis technique(s) used.
c. Information on commissioning and actual performance of the listed
projects.
d. A complete listing of projects that achieved LEED certification and
highlight those achieving Gold or Platinum Certification, including the year.
e. Names, addresses and telephone numbers of project owners.
17. CM/GC FEE PROPOSAL
The top three (3) firms will be invited for an interview and the city reserves the right to
interview more.
1. CM/GC’s Conceptual/Master planning phase I CM services, expressed as a
lump sum. This amount shall include all of the contractor’s cost associated with
phase I cost listed under chapter one.
2. CM/GC’s Pre-construction phase II CM services, expressed as a lump sum.
This amount shall include all of the contractor’s cost associated with pre-
construction phase and getting the project through design development and
establishing the project GMP.
3. CM/GC’s fee for compensation for the construction phase II CM services,
expressed as a percentage of the Cost of the Work. The fee is compensation to
the CM/GC for overhead and profit. The project will be done on an open-
book, cost plus a fee basis, up to a Guaranteed Maximum Price (GMP). The
establishment of the GMP is not a part of this proposal, but will be
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 21 of 41
accomplished near completion of the design and prior to the start of
construction. The GMP shall be provided near the completion of project
documents (final Plans and Specifications.) All savings to the GMP shall be
passed on to the Owner. This fee shall include all overhead and profit costs,
including in-office staff. All project changes shall include this same fee for CM
services. A final construction cost reconciliation will be submitted, reviewed and
approved at the end of the project prior to releasing final project retainage.
3. CM/GC’s General Conditions for the construction phase II CM services,
expressed as a lump sum. The General Conditions listed in Exhibit C, are what
should be included in this lump sum not to exceed price. General Conditions for
changes to the project will be addressed at the end of the project if there is a
justifiable change to the project completion date. List separate General
Conditions for CSB and USC
4. Additional Construction Cost Factors
A. Provide the compensation rates for the proposed key staff (and any
subcontractors or consultants you plan to use if necessary) for assisting
with the design phase and for general conditions during the construction
phase.
B. Provide your equipment rates for all items used in your General
Conditions.
D. Provide how small tools & supplies cost are covered
E. Provide weather protection breakout for CSB and USC.
The CM/GC’s Pre-construction cost, Fee to be added to cost of work, and General
Condition’s cost shall be indicated on the attached Bid Form (Chapter 7) along with
hourly rates for labor and equipment and be submitted as part of the proposal.
18. The CM/GC must complete a minimum of 20% of the work with their own forces
under their own payroll. The City of Fort Collins requires all subcontractors and
suppliers be contracted with the CM/GC and having a history of working for the City of
Fort Collins is preferred.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 22 of 41
CHAPTER 5 – PROPOSAL EVALUATION CRITERIA
Contractor Qualification Review and Assessment
CM/GC firms will be evaluated on the following qualification criteria. These criteria will
be the basis for review of the written proposals, as well as for the oral interviews of the
top ranked firms.
The rating scale shall be from 1 to 5, (or 10, depending on maximum possible points),
with 1 being a poor rating, 3 being an average rating, and the maximum possible points
being an outstanding rating. Weighting factors for the criteria are listed adjacent to the
qualification.
Possible
Points
Max-Min
Qualification Standard
10-1 Scope of Proposal
Does the proposal show an understanding of the project objective,
methodology to be used in the design and construction phases and
the results that are desired from the project?
10-1
Assigned Project
Team
Does the proposed team have the necessary skills and experience
to fulfill the requirements of the project? Is the key staff available to
do the work?
5-1 Safety Record
“OSHA Illness/Injury Rate”, “OSHA Lost Work Day Incidence Rate”
and Workers Compensation Experience Modification Rate
Insurance Multiplier.
10-1
Firm Experience
--Design
--Construction
Has the firm worked on projects similar in scope to this project?
Has partnering been used as a basis in design and construction of
other projects? Does the firm have the experience necessary for
these projects?
5-1 CM/GC Experience Does this contractor have the necessary CM/GC experience?
10-1
LEED / Sustainability
Experience
Does the CM/GC have the necessary LEED/Sustainability
experience for this project?
10-1 Firm Capability
Does the firm have experience, equipment, manpower and finances
to complete the work?
10-1
Construction
Performance
Do the referenced projects reflect favorably in respect to completion
within the contract schedule, cost and number of change orders
and claims?
5-1 Motivation
Has the firm shown an interest in work and a commitment to the
successful completion of the project?
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 23 of 41
FINAL REFERENCE EVALUATION PROCESS (TOP RATED FIRM)
After the interviews have been conducted the evaluation committee will select the top
rated firm and the Project Manager will check references for overall performance,
timetable, completeness, budget and job knowledge of selected project/references. A
satisfactory/unsatisfactory rating shall be given to each reference contacted. If
references check out for the top firm, then the City of Fort Collins will work to negotiate
a contract for pre-construction services with the top firm. If the top firm references do
not check out, then the selection committee will look to the second ranked firm and
check their references.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Professional again? Did they show the skills
required by this project?
Timetable
Was the original Scope of Work completed within the specified
time? Were interim deadlines met in a timely manner?
Completeness
Was the Professional responsive to client needs; did the Professional
anticipate problems? Were problems solved quickly and effectively?
Budget
Was the original Scope of Work completed within the project
budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction contract, was the
project functional upon completion and did it operate properly?
Were problems corrected quickly and effectively?
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 24 of 41
CHAPTER 6 – PROPOSED FEE SCHEDULE
PROJECT: CITY OF FORT COLLINS
NEW UTILITIES ADMINISTRATIVE SERVICES BUILDING - BLOCK 32
UTILITLIES ADMINISTRATIVE RENOVATION – 700 WOOD STREET
FORT COLLINS, CO.
Bid of a corporation organized and
existing under the laws of the state of : or a partnership consisting of
and , partners; or an individual
hereinafter called the bidder.
TO OWNER: City of Fort Collins
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700
Wood Street
Attn: John D Stephen, CPPO, LEED AP
Interim Director of Purchasing & Risk Management (2
nd
Floor)
PO Box 580, 215 N. Mason Street
Fort Collins, CO. 80522-0580
1. Acknowledgments
A. The undersigned acknowledges that he has received and familiarized himself
with the Request for Proposals dated April 19, 2013.
B. The undersigned further acknowledges that he has visited the sites and
familiarized himself with the local conditions affecting the cost of the work at
the places work is to be performed.
C. In submitting the Proposal and Bid the undersigned agrees:
1. To enter into and execute a contract, if awarded on the basis of this bid,
and to furnish a Performance Bond and Labor and Material Payment Bond
in accordance with the requirements of the contract.
2. CM/GC Conceptual/Master & Space planning CM Services Phase I Lump
Sum Charges
A. For compensation of the Master & space planning services noted as phase I
in the Request for Proposal to include a labor, materials and equipment along
with overhead and profit, the undersigned hereby proposes and agrees to the
following Lump Sum cost not to exceed of:
Dollars ($ )
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 25 of 41
3. CM/GC Pre-construction CM Services Phase II Lump Sum Charges
A. For compensation of the Pre-construction services noted in the Request for
Proposal to include a labor, materials and equipment along with overhead
and profit, the undersigned hereby proposes and agrees to the following
Lump Sum cost not to exceed of:
Dollars ($ )
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
4. CM/GC Construction Phase II CM Services Fee
A. For compensation for the CM/GC’s Fee for overhead and profit, the
undersigned hereby agrees to the following percentage of the Cost of the
Work:
__________________________ Percent ( ______ %).
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
5. CM/GC Construction Phase II Lump Sum General Conditions
A. For the General Conditions of the project during the construction phase II for
the items noted in Exhibit C – General Conditions Checklist, the undersigned
hereby proposes and agrees to the following Lump Sum cost not to exceed
of:
B.
1. General Conditions - Utility Service Center (USC) 700 Wood Street
________________________________________ Dollars ($ ____________)
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
2. General Conditions - Customer Service Building (CSB) Block 32
________________________________________ Dollars ($ ____________)
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount in words will govern).
6. CM/GC Construction Phase II General Conditions Cost Factors
A. The Salary/Hourly Rates for the Project Team. Attach a list of each team
member and their compensation along with labor burden.
Position/Title Salary/Hourly Rate X Burden(%) = Total Cost
B. The General Conditions Equipment Rental Rates (Fuel Included). Attached a
list of all the equipment you have planned for or feel may be needed for this
project.
Equipment Type Hourly/Daily/Weekly/Monthly Rental Rates
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 26 of 41
C. Provide explanation of how you cover cost for small tools, misc. supplies and
equipment.
D. Weather Protection Allowance Budgeted in General Conditions above.
USC: $____________________ CSB: $_____________________
7. Right of Owner
In submitting this Bid, it is understood that the right to reject any and all Bids and
to waive irregularities in the bidding has been reserved by the Owner.
Dated this _______ day of ___________________ 2013
_________________________________________________________
Name of Bidder:
_________________________________________________________
Address of Bidder
_________________________________________________________
Telephone Number Email Address
By: ______________________________________________________
Signature of Authorized Officer
______________________________________________________
Printed Name Title
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 27 of 41
CHAPTER 7 – SERVICES AGREEMENT/WORK ORDER
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties
for services for . The conditions set forth herein shall apply to all services performed by
the Service Provider on behalf of the City and particularly described in Work Orders agreed
upon in writing by the parties from time to time. Such Work Orders, a sample of which is
attached hereto as Exhibit "A", consisting of ( ) page( ) 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. No work order shall
exceed $ . 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.
b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 28 of 41
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period {Option 1} This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the city, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the professional mailed no later than 90 days prior to contract
end.
5. Contract Period. {Option 2] This Agreement shall commence , 200
and shall continue in full force and effect until , 200 , 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. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will
be used as a guide. Written notice of renewal shall be provided to the Service Provider and
mailed no later than 90 days prior to contract end.
6. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 29 of 41
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
7. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15)
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 when mailed, postage
prepaid and sent to the following address:
City Copy to Service Provider
City of Fort Collins
Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Attn:
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
8. 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.
9. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B",
consisting of two (2) page[s], and incorporated herein by this reference.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 30 of 41
Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes,
supplies and materials, and other costs incurred in connection with the performance of such
work.
10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
11. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
12. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
13. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 31 of 41
14. 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.
15. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted
standards for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade
of their respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials, equipment and labor,
against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the work and ending
twelve (12) months from and after final acceptance under the Agreement, regardless
whether the same were furnished or performed by Service Provider or by any of its
subcontractors of any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
16. 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.
17. 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
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 32 of 41
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself 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.
18. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties 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 representative, successors and assigns of said parties.
19. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of 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 Service Provider shall take all necessary precautions in performing
the work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within Exhibit
"D", consisting of ( ) page[s], attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver to the
City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 33 of 41
80522 one copy of a certificate evidencing the insurance coverage required from an insurance
company acceptable to the city.
20. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
21. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. 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. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an
illegal alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of Homeland
Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work under
this Agreement.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 34 of 41
c. Service Provider is prohibited from using the e-Verify Program or
Department Program procedures to undertake pre-employment screening of job applicants
while this Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an illegal alien,
Service Provider shall:
1. Notify such subcontractor and the City within three days that
Service Provider has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the
Colorado Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to
the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
23. Red Flags Rules. Service Provider must implement reasonable policies and
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 35 of 41
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or
more of the City’s covered accounts and must as expeditiously as possible notify the City in
writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee.
24. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit -
Confidentiality consisting of one (1) page[s], attached hereto and incorporated herein by this
reference.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 36 of 41
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: __________________________________
John D. Stephen, CPPO, LEED AP
Interim Director of Purchasing and Risk Management
Date:_________________________________
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
By:____________________________________
_______________________________________
Print Name
Title____________________________________
Corporate President or Vice President
Date: _______________________________
ATTEST
(Corporate Seal)
_____________________________
Corporate Secretary
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 37 of 41
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
____________________________________________________________________________
____________________________________________________________________________
Scope of Services:
____________________________________________________________________________
User Acceptance ______________________
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
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.
City of Fort Collins
By:_________________________________
Date:_______________________________
By: ________________________________
Director of Purchasing and Risk Management
(over $60,000.00)
Date: ______________________________
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 38 of 41
EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider 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 Service Provider 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 be cancelled or materially altered, except
after ten (10) 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider'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 Service Provider
shall maintain during the life of this Agreement for all of the Service Provider'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 Service Provider 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 $500,000 combined single limits for bodily injury
and property damage.
In the event any work is performed by a subcontractor, the Service Provider 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.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 39 of 41
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City , or that is used by the City in carrying on business, and (b)
all information that is proprietary to a third party (including but not limited to customers and
suppliers of the City) . The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 40 of 41
EXHIBIT C
GENERAL CONDITIONS CHECKLIST
(These items are not considered part of the CM/GC Fee)
1. PROJECT COORDINATION
A. Site Supervision and Administration
1. Project Field Superintendent
2. Project Field Engineers
3. Project General Superintendent
4. Project Managers
B. Postage
C. Holiday
D. Vacation
E. Subcontractor Coordination
F. Oil and Fuel (Mileage to and from project or office)
G. Travel Expenses (Motel, meals, etc.)
2. FIELD ENGINEERING
A. Surveying
B. Project Layout
C. Layout Equipment & Supplies
3. REGULATORY REQUIREMENTS
A. Special Inspections
B. Stormwater Management
C. Plan Review & Building Permit (Paid by Owner)
D. Use or Special Taxes (Paid by Owner)
4. INSURANCE AND BONDS
A. Performance Bond
B. Payment Bond
C. Liability Insurance
D. Auto Insurance
E. Equipment Insurance
5. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
A. Mobilization & Demobilization
B. Field Offices & Storage Trailers
C. Temporary Utilities (Tap, Hookup, Service)
1. Electricity & Lighting
2. Heating & Ventilation
3. Telephone
4. Internet & Computer
5. Water
6. Sanitary Facilities
7. Fire Protection
D. Construction Aids
1. Elevators, Hoist, Lifts, Etc.
2. Scaffold and Platforms
3. Stairways & Ladders for work access
4. Weather Protection
RFP 7491 Fort Collins Utilities Improvements for Block 32 & 700 Wood Street Page 41 of 41
E. Barriers & Enclosures
1. Temporary Enclosures
2. Safety & Security Enclosures
3. Tree & Plant Protection
4. Cold Weather Protection
F. Access Roads & Temporary Parking
1. Gates & Barriers
2. Tracking from site
3. Snow Removal
G. Temporary Controls
1. Jobsite Cleanup
2. Recycling
3. Trash Removal
4. Dump Fees
5. Dust, Erosion & Noise Control
6. Protection of Finished Work
6. MATERIAL AND EQUIPMENT
A. Transportation & Handling
B. Storage & Protection
C. Small Tools
D. Equipment Rental
E. Fuel for Equipment
F. Vehicles
7. SAFETY AND SECURITY
A. Safety Supplies
B. Fire Protection (Fire Extinguishers)
C. First Aid Supplies
D. Required Safety Equipment
E. Safety Officer
F. Drug Testing
8. CONTRACT CLOSE OUT
A. Final Cleaning
B. Commissioning
C. Systems Training
D. Project Record Documents
E. Operation & Maintenance Data
F. Project Warranty Management