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592927 HASELDEN CONSTRUCTION LLC - CONTRACT - RFP - 8546 CONSTRUCTION MANAGER GENERAL CONTRACTOR ON-CA
Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 1 of 27 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 HASELDEN CONSTRUCTION LLC, 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 8546 Construction Manager General Contractor On-Call. 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 one (1) 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 $300,000, unless otherwise authorized by the Director of Purchasing. A general scope of services is attached hereto as Exhibit B, consisting of eleven (11) 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 to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 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 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 2 of 27 without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence upon Agreement execution, and shall continue in full force and effect until July 31, 2018, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least 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: Service Provider: City: Copy to: Haselden Construction, LLC Attn: Derek Oliver 330 S. College Ave., #300 Fort Collins, CO 80524 City of Fort Collins Attn: Brian Hergott PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. 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. 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 C, consisting of six (6) pages, and incorporated herein by this reference. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 3 of 27 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. 9. 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. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work 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 of the City), then the following provisions shall apply: (a) the subcontractor 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 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 and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. 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. 13. 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. 14. 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 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 4 of 27 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. 15. 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. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail 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. 17. 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. 18. 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 one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 5 of 27 copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. 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. 20. 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. 21. 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. 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 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 6 of 27 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 7 of 27 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: HASELDEN CONSTRUCTION, LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Derek Oliver 7/27/2017 Vice President Assistant City Attorney 7/31/2017 City Clerk Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 8 of 27 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND HASELDEN CONSTRUCTION, LLC AGREEMENT 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: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this Work Order (including the attached forms) the 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. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000) Date: ____________________________ DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 9 of 27 EXHIBIT B SCOPE OF WORK I. PROJECT SCOPE OF WORK AND REQUIREMENTS A. General Information and Project Background The City of Fort Collins (City) is seeking qualified Construction Managers/General Contractors (CM/GC) to provide construction services related to vertical construction for Operation Services and other departments at the option of the City. The City of Fort Collins Operation Services maintains about 70 buildings for the City. These building 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 or expansion which is the reason for the On Call CM/GC firm. The City currently has contracted two architectural firms for On-Call design services. The Architects are responsible for providing all contract documents and design details for the projects. Typical projects for this On-Call CM/GC are: 1. Major office renovations 2. Major building renovations 3. Small building additions 4. Roof replacements where several subcontractors are involved 5. Assisting Op Services with establishing budgets for future Budgeting For Outcomes (BFO) offers An important goal for City of Fort Collins 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 aims to design and construct all 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 points 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 or points from specific categories. The City of Fort Collins desires to have all of our projects participate in the Integrated Design Assistance Program (IDAP) offered by Fort Collins Utilities to help defray some of the cost for constructing high efficient buildings. All City of Fort Collins buildings over 5,000 square feet should meet the following energy goals: New construction designs need to target an Energy Use Intensity of 25 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 45 kBtu/sf/yr. For additions, there shall be no increase of energy use. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 10 of 27 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. CM/GC Scope of Work/Requirements The City expects the CM/GC Service Provider to provide pre-construction and construction services on all Work Orders. These services are to include, but not be limited to the following: 1. Phase I - Preconstruction Support Services o Provide a designated representative to participate in the engineering design effort, which will begin upon contract award. o The CM/GC is required to bring the following skills, knowledge and expertise during the Preconstruction Support Services phase of the project. Following are minimum requirements: 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. Estimate quantities of materials, labor and equipment, means & methods needed to construct the project. Provide input to the design team through existing structure and systems investigation to help ensure design is correct and reduce project change orders. Determine the task/work breakdown structure needed to complete the project and estimate the cost, duration, and sequence of these tasks. Understand the availability, cost, and capacities of materials, labor and equipment. Identify potential risk, including cost risk, and methods to mitigate them during the design process. Determine constructability and project construction phasing. Coordinate project work with utilities and other stakeholders. Develop strategy for hazardous materials management if needed. Understand and inform the team regarding the construction impacts of all remodel elements. Provide initial scheduling information and proposed durations. Provide initial list of sub-contractor pricing and materials input. Review subcontractor and vendor pricing and provide project team with scope analysis and recommendations DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 11 of 27 Assemble a GMP proposal for project team to review and award if they desire. 2. Construction Contract Price Negotiations When the City, the designer, and the CM/GC agree that the project has been designed to a sufficient level of detail to allow the CM/GC to accurately price construction elements of the project, Construction Contract Price Negotiations will commence. In order to expedite the project, Construction Contract Price Negotiations may start before the completion of the Preconstruction Support Services. The CM/GC’s work effort for Construction Contract Price Negotiations will not be compensated for the work by the City. The CM/GC will be compensated for construction cost estimates prepared during the design process by their Phase I fee prior to Construction Contract Price Negotiations. The City will determine when Construction Contract Price Negotiations have begun. The Construction Contract Price Negotiations will conclude with the establishment of a Guaranteed Maximum Price (GMP) Construction Work Order agreement. The Construction Work Order agreement will incorporate general conditions using the Standard 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. See below for the City’s CM/GC General Conditions checklist. a. Price Negotiation Process: The following procedures will be used for Construction Contract Price Negotiations. i. The designer will produce a set of the relevant plans and specifications showing the work to be accomplished. The plans will also show all work accomplished under any previous construction packages. ii. The CM/GC will prepare a “bid” to perform the work. The bid will include detailed unit line item pricing and may include lump sum items or allowances as appropriate. iii. As part of the “bid” the CM/GC will obtain a minimum of 3 quotes for all major subcontracted work 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 opening the CM/GC’s “bid” the City will determine the acceptability of the “bid” 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. vii. If the prices are not acceptable the City and the CM/GC will conduct a price negotiation meeting to discuss the variances between the “bid” and independent construction cost estimates. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 12 of 27 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 CM/GC to enter into “open book” cost model price negotiations at any time through this process, where the CM/GC 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 CM/GC 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 CM/GC 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 CM/GC shall provide cost or pricing data, broken down by individual work item, for the CM/GC 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. Material: Furnish quotes and/or material invoices showing the cost of material to be incorporated in the work. Labor: Show basic hourly rates, fringe benefits, applicable payroll costs (workers compensation, insurance, etc.) paid subsistence, and travel costs for each labor classification and foreman employed in the work. Equipment: Provide a complete descriptive listing of equipment to be used in the work including make, model and year of manufacture. Support rented or leased equipment costs with invoices. Other direct costs: Furnish documentation of invoices to support any other direct costs to be incurred that are not included above (e.g., bonds, mobilization, permits, etc.). Production Rates: Provide actual hours of performance, on a daily basis, for each labor classification and for each piece of equipment. Subcontract Costs: Provide supporting data as required above. Overhead: Identify overhead rates and list the types of costs that are included in overhead. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 13 of 27 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. Markup: List any markup cost for subcontractors or other items. Provide backup information as requested for a breakdown and justification of markup expenses. 3. Phase II - Construction Requirements o Provide construction services according to the Agreement and contract documents. o Provide qualified full time site supervision and management of trade subcontractors to meet or exceed the defined project schedule. o Provide open procurement of subcontractors and suppliers that are not assigned by the City. Include the City in the procurement process. A minimum of 3 quotes are required for the subcontractor procurement process unless otherwise approved by the City. o Provide stormwater management and BMP maintenance for the site complying with State and City regulations. o 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. o Provide for quality control program that meets or exceeds minimum job/contract document and industry standards. Coordinate and perform all quality control testing and inspections with the City’s third party inspection vendor. All such tests and inspections shall be subject to the City’s written review. o Meet all licensing requirements as set forth by the City of Fort Collins for both CM/GC and subcontracted work. o Provide services to manage participation in project close out process and needs during the project warranty period. o The CM/GC 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 CM/GC construction team has been switched by the Service Provider, the City reserves the right to terminate the Agreement. o 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 contractor personnel change as needed. o The City of Fort Collins has developed a Building Design & Construction Standards Manual. Design will follow these standards unless exempted by the City. This manual is available on line and can be viewed at: http://www.fcgov.com/opserv/design-standards.php o All final construction work must comply with the latest adopted Americans with Disabilities Act (ADA). https://www.ada.gov/ DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 14 of 27 Attached form to be used to verify compliance. o Required to adhere to the City of Fort Collins Dust Prevention and Control Manual. o Required to fill out City of Fort Collins provided Waste Management Plan Form. Please reference the attached forms for use. Contractor will not receive final payment until this has been provided, filled out with back-up. o Required to provide dumpsters for recycling and to coordinate the location of dumpster(s) with the City of Fort Collins personnel before construction begins. o Contractor will be required to complete all forms for the attached Quality Assurance / Quality Control plan. This work must be coordinated with the City of Fort Collins appropriate personnel. Please reference the following attached documents. City of Fort Collins Quality Assurance / Quality Control Plan Preparatory Phase Checklist Initial Phase Checklist Follow Up Phase Checklist All attached spreadsheet templates to be used as necessary o Any damage caused to the existing buildings, parking lot, site, & landscaping through access to the construction area will be at the contractor’s expense to repair the damaged area to existing conditions before the damage occurred. o Ensure a clean and safe work site at all times. o Required to pull all appropriate State, City, and Fire permits. o Contractor will be required to coordinate all necessary City of Fort Collins building inspections. o Contractor will be required to coordinate all special inspections with the City of Fort Collins third party inspector. Contact information will be provided to the contractor prior to work beginning. o Contractor will be responsible, upon completion of the job, to issue the City of Fort Collins a Certificate of Occupancy/Letter of Completion before final payment will be issued. o The City of Fort Collins 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. o The Contractor will be responsible for all rough-in work associated with the project. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 15 of 27 o City-provided contractor will complete the data work associated with the project. o Contractor will be required to coordinate with the City of Fort Collins IT Department for scheduling of the installation of data cabling. 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. D. Owner Expectations and Delivery Schedule Partnering The City and Design Team expect a partnering relationship with the selected CM/GC. A formal Partnering Session will be held with the selected CM/GC, City of Fort Collins team members, Architect, Engineers, and Landscape Architect soon after the selection process is completed. The City expects an environment where trust and teamwork prevent disputes, foster a cooperative bond to everyone’s benefit, and facilitate the completion of a successful project. Traditional adversarial relationships between the project participants are not an acceptable way of doing business on this project. Key Staff The City expects the CM/GC to commit key staff members to manage the project through attendance of weekly project meetings; preparation of RFIs; management of subcontractors; management of schedule; management of quality and management of cost. Key staff members for this project are expected to include a project manager, superintendent and possibly a field engineer. 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, receiving direction and coordinating with City assigned personnel. Contract Management The City expects the CM/GC 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 CM/GC to work with its representatives to gain approval and processing of these documents in a coordinated fashion. Performance Standard The City expects CM/GC performance to a standard that exceeds industry accepted parameters. The City expects a world class CM/GC and project. The City expects to pay fairly for all work performed and expects the CM/GC to be profitable. Pre-construction Services and Construction Agreements The CM/GC will be required to sign a Work Order for the pre-construction Work. The pre-construction services shall include (at minimum) review of designs for DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 16 of 27 constructability, review of site layout and grading, estimating cost of different options, alternatives and components, providing opinions and recommendations on suitable methods and approaches to accomplish the work, offer value engineering suggestions to accomplish the desired objectives in the most cost effective manner possible, and provide the team with up to date on-going cost status of the current project design. The CM/GC will be required to sign a Construction Work Order Agreement for the construction Work. 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 CM/GC’s satisfactory performance under the pre-construction services Work Order. II. WORK ORDER PROCEDURES Each Work Order issued will typically be based upon hourly rates or set of rates included 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 CM/GC, based upon the provisions of the Services Agreement. The CM/GC 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 CM/GC 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. This is an indefinite quantity Work Order Services Agreement with no fixed maximum. The actual amount of work to be performed, the time of such performance, and the location of work will be determined by the City Representative, who may issue Work Orders to the CM/GC. The only work authorized under the Services Agreement is that which is performed after receipt of such Work Orders. The City guarantees no quantity of work for selected firm. At the City’s sole discretion, the City reserves the right to request quotes/proposals from the CM/GC’s subcontractors and vendors selected for individual projects. This Work Order Services Agreement is effective for one year from the date of the Services Agreement. In addition, 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. Renewals and pricing changes shall be negotiated by, and agreed to, by both parties at the time of renewal. Written notice of renewal shall be provided to the CM/GC and mailed no later than thirty (30) days prior to contract end. Each Work Order will be limited to $300,000 unless otherwise authorized by the Director of Purchasing. A detailed Scope of Work for each project and the exact services desired will be developed during the Work Order process. The City of Fort Collins makes no guarantee as to the number of Work Orders or actual amount of services which will be awarded under this DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 17 of 27 contract. The City reserves the right to independently bid out any project after pre- construction services at their sole discretion. For these instances, due to the perceived insider knowledge of the project, the selected CM/GC will not be permitted to submit a bid on such projects. 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 CM/GC 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, the associated hourly rate per pay grade along with cost for materials and equipment, and associated General Conditions as applicable. After review and approval, the City Representative will issue the Notice to Proceed to the Contractor with appropriately endorsed Work Order. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 18 of 27 CITY OF FORT COLLINS CM/GC GENERAL CONDITIONS CHECKLIST (These items are not considered part of the CM/GC Fee or Cost of Work) 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 E. Barriers & Enclosures DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 19 of 27 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 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 20 of 27 EXHIBIT C COMPENSATION DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 21 of 27 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 22 of 27 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 23 of 27 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 24 of 27 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 25 of 27 DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 26 of 27 EXHIBIT D 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 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 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 $1,000,000 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. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F No new insurance required Services Agreement – Work Order type 8546 CM/GC Facilities On-Call Page 27 of 27 EXHIBIT E 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. DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 07/01/17 X 2,000,000 07/01/17 1,000,000 A IMA, Inc. - Colorado Division policy terms and conditions. Policies if required by written contract or agreement and with respect to work performed by Insured subject to the The City, its officers, agents and employees are included as Additional Insureds on the General and Automobile Liability The City of Fort Collins 07/01/18 6950 South Potomac Street X Denver, CO 80202 X 1,000,000 X 07/01/18 PINNACOL ASSUR CONTINENTAL INS CO(CNA Insurance) 1-303-534-4567 VALLEY FORGE INS CO (CNA) Attn: Purchasing Department X thcr5350 50446221 50446221 1,000,000 2,000,000 RE: CFC RFP 8546 - CM/GC On-Call. Fort Collins, CO 80522 X Haselden Construction, LLC Suite 100 1705 17th Street 07/01/17 Centennial, CO 80112 A 6042783626 X B 1,000,000 PD Ded: $10,000 C4028808411 C 07/01/18 PO Box 580 X 2,000,000 USA X 1,000,000 X X X 41190 35289 20508 denaccounttechs@imacorp.com 2,000,000 07/01/18 1,000,000 1,000,000 X 07/27/2017 15,000 C4028808425 4082635 - CO ONLY 07/01/17 X 10,000 N DocuSign Envelope ID: EF1DD17A-38C2-4288-B171-0C524B90D97F