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HomeMy WebLinkAboutRFP - 9050 CM/GC FOR TRAIL HEAD PARKRFP 9050 CMGC for Trail Head Park Page 1 of 132 REQUEST FOR PROPOSAL 9050 CM/GC FOR TRAIL HEAD PARK The City of Fort Collins is requesting proposals from qualified Construction Managers / General Contractors (CM/GC) to provide preconstruction support services and construction services related to the design and construction of Trail Head Park. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on December 2, 2019 and referenced as Proposal No. 9050. If delivered, they are to be sent to Purchasing Department, 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, send to the attention of Purchasing Division, P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for RFPs mailed to the PO Box to be received at the Purchasing Office. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. A pre-proposal meeting will be held at 10:00 MST on November 12, 2019 in the 3rd floor Park Planning & Development Large Conference Room at 215 North Mason Street. 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 9050 CMGC for Trail Head Park Page 2 of 132 All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at edale@fcgov.com, 970-221-6777 with a copy to Greg Oakes, Project Manager at goakes@fcgov.com, 970-416-2260, no later than 5:00 PM MST (our clock) on November 20, 2019. Please format your e-mail to include: RFP 9050 CM/GC for Trail Head Park in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. RFP 9050 CMGC for Trail Head Park Page 3 of 132 The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9050 CMGC for Trail Head Park Page 4 of 132 I. GENERAL INFORMATION, PROJECT BACKGROUND & GOALS A. General Information On behalf of the Park Planning and Development Department, the City of Fort Collins (City) is seeking proposals from qualified Construction Managers/General Contractors (CM/GC) to provide preconstruction support services and construction services related to the design and construction of Trail Head Park in Fort Collins, Colorado. Trail Head Park is a 5.6-acre park that will include new park elements located at 775 Greenfields Drive, off East Vine Street on the east side of the City of Fort Collins. The project is currently in the Conceptual Design phase and will continue into Design Development as the CM/GC is brought on board - See Attachment A: Location Map and Limits of Work and Attachment B: Conceptual Site Plan & Rendering. CM/GC is a contracting method that involves the contractor in the design process. The selected CM/GC will be required to enter into a Services Agreement – Work Order type. The City anticipates award of separate Work Orders for Preconstruction Support Services and Construction Services. The intent is to form a partnership with the City of Fort Collins (Owner), the entire project design team, and the selected CM/GC. The desire is to form a strong partnership and to collaborate through the design process to minimize risk, improve the construction schedule, promote innovation, and provide cost-efficient construction. The City has contracted and is working with an Architecture, Civil Engineering Consultant and Irrigation Design firms on the park design. Park Planning & Development staff are providing the Landscape Architecture portion of the design services. Through a separate RFP process, the City will select a playground designer, manufacturer and installer. An artist for art-in-public-places for this project has been selected and will work with the team on concepts that may or may not be built by the artist. The selected CM/GC is expected to, in collaboration with the City, coordinate the efforts between these groups. The selected CM/GC is expected to contract directly with the selected playground designer/manufacturer. B. Project Background The park site was once home to the Hartshorn Tree Farm, where many of the trees that line Mountain Avenue and the Old Town area were once grown. The site is also known for migratory bird populations that pass through this area. The park will honor this history and heritage by incorporating features that reflect the area’s history and use patterns. The project site encompasses a total of 5.6 acres. The entrance to the future park site is on Greenfields Drive and Wagon Trail Drive off East Vine Drive. The current site is comprised of open irrigated turfgrass with many existing large coniferous trees, which are believed to be relics from the historic tree farm. There is currently a concrete sidewalk that circumnavigates the site. Residents from Trail Head, Waterglen and Waterfield neighborhoods can access the site via outside sidewalk connections and on-street bike lanes. The current site has no restroom, lights, or other amenities beyond irrigated turf and existing trees. Below is a tentative schedule for the project. This schedule is subject to change as design and CM/GC negotiations are completed. RFP 9050 CMGC for Trail Head Park Page 5 of 132 Project Schedule Work Order #1 – Preconstruction Services  DD Cost Estimate Late January 2020  Design Support Services January 2020  Interim Cost Estimate February 2020  Design Support Services February 2020  Interim Cost Estimate March 2020 Work Order #2 – Construction Services  Final Pricing / GMP March 2020  Mobilization and Construction April 2020 The project goals are to develop a partnership/collaborative design and delivery process to facilitate: a. Achieving project opening in Fall, 2020 b. Minimize risk, improve the construction schedule, and promote innovation / cost efficient construction c. Maximize improvements within a set budget d. Minimize impacts to existing site features and utilities e. Demonstrate sustainable design and construction practices The CM/GC should include their approach to accomplish these goals as a part of their proposal response. II. PROJECT DESCRIPTION AND PROJECT FUNDING A. Project Description Trail Head Park is defined as a new neighborhood park in the City of Fort Collins 2008 Parks & Recreation Policy Plan. Some Trail Head residents feel disconnected from the City due to lack of recreational amenities on the eastern side of the City. A new park will provide the neighborhood a variety of new recreational activities and amenities, as illustrated on the attached concept plan. Based on this plan, the following park elements are proposed: Activity Spine  This board-formed concrete wall threads through the park at a variety of heights and orientations and provides a framework to organize the park architecture and park amenities. In some places it is implied, other places expressed in the ground plane as a mow band and in other places segmented. Identification signs are proposed on both ends of the Activity Spine. Shelter  A shelter will be installed near the playground area and the Central Green. The shelter will provide shade and offer a respite area for those enjoying the park. Shelter RFP 9050 CMGC for Trail Head Park Page 6 of 132 materials may include board-formed concrete, wood columns, steel beams, wood decking, wood siding, and weathered corrugated steel. Restroom  The restroom will include the same architectural materials as the shelter and may be a pre-manufactured structure. Playground  Activity Spine Play Structure – Incorporated into the Activity Spine wall that transects the Playground, this play structure may include a slide or other climbing feature, as provided in the attached illustrations. This item will be a custom play feature.  Play Tower – This climbing play structure will have consistent architectural characteristics as other structures in the park and will connect with the Activity Spine. The play tower will be designed to climb up and play through and will have a slide and other climbing features configured off the sides, as provided in the attached illustrations. This item is a play feature to be designed and fabricated by the playground designer/manufacturer selected by the City and managed under contract by the selected CM/GC.  Nature Play Features - Nature Play promotes daily contact with our natural environment and outdoor space. Features may include log climbing, stepping boulders, log tunnels, log balance, log net climbing, wood balance beams, etc. These items will be designed and fabricated by the playground designer/manufacturer selected by the City and managed under contract by the selected CM/GC. Adventure Play Area  The Active Play Area is intended to target teens and adults. Features may include: log climbing/jams, bouldering rocks, log balance, etc. A small natural surface or asphalt pump track/trail will be incorporated into the Active Play Area as well. Activity Deck • Within the existing trees, there is an opportunity to capitalize on the shade that these trees provide. A large, slightly elevated activity deck located beneath the trees and along the Activity Spine will be a key component of the park. The deck may be used for passive activities including relaxing, reading, hammocking, picnicking and socializing. Central Green • A large, sunken turfgrass Central Green is located on the north part of the park site. The Central green will be sunken between 3-5’ and will be used for informal sports, play and neighborhood gatherings. The CM/GC will be responsible for meeting all current state and local licensing requirements in the construction of park components and facilities. The standards referenced and RFP 9050 CMGC for Trail Head Park Page 7 of 132 included in this RFP are intended to establish the expectations the City has for this project regarding quality and performance. B. Project Funding Funding for the park has been secured. The construction budget is estimated between $2.0M-$2.2M. III. PROJECT SCOPE OF WORK AND REQUIREMENTS A. CM/GC Scope of Work CM/GC requirements are to include, but are not necessarily limited to the following: 1) Preconstruction Support Services The City expects the CM/GC to provide pre-construction support services during design and construction services related to the completion of construction for Trail Head Park. a) Provide a designated representative to participate in the design effort, which will begin upon contract award. This may include: attending key design team meetings, regular communication and coordination with the design team throughout design, preparation of cost estimates at key times in the design process, and providing input / insight on the project design and collaboration between disciplines to reduce cost and avoid discrepancies between plan sets that could impact construction costs and/or schedule. b) The CM/GC is required to bring the following skills, knowledge and expertise during the Preconstruction Support Services phase of the project. The following are minimum requirements: i. The skills and knowledge to estimate the quantities of materials, labor, and equipment needed to construct the project. ii. Methodology/strategy to assist in getting key park features. iii. The skills and knowledge to determine the tasks (work breakdown structure) needed to complete the project and estimate the costs, duration, and sequence of these tasks. iv. An understanding of the availability, cost, and capacities of materials, labor and equipment. v. The skills and knowledge to identify potential risks (including cost risks) and methods to mitigate them during the design process. vi. The skills and knowledge to determine constructability of various designs and to provide guidance on construction phasing and maintenance for various designs. vii. The skills, knowledge and experience necessary to coordinate the project work with anticipated utilities and stakeholders. viii. The skill, knowledge and experience to understand and inform team regarding the demolition, cost and construction impacts of existing infrastructure including irrigation. RFP 9050 CMGC for Trail Head Park Page 8 of 132 ix. The skill, knowledge and commitment to provide protection of existing trees throughout construction. x. The skill, knowledge and expertise to provide traffic control throughout construction. c) Initial Risk Assessment Workshop: Participation in an initial project introduction, partnering session and risk assessment workshop. The workshop will be conducted in Fort Collins and will include the following tasks: i. Introduction to the project; ii. Introduction of the team members and stakeholders; iii. Project site walk through; iv. Project status, goals, objectives, funding, etc.; v. Presentation of the project elements; vi. Assessment of primary project risks in terms of cost, quality and schedule. d) Design Reviews (collaborative design development): Participate in an estimated three formal design reviews. For each review, the CM/GC may be asked to perform any or all of the following tasks: i. Provide constructability reviews; ii. Develop construction schedules; iii. Provide construction cost estimates at strategic times in the design process. The purpose of these estimates is to check-in and validate that the project is on budget. Cost estimates should be prepared at approximately 50%, 75% and 90% construction document completion. Since estimates are to be used for budgetary planning purposes, they should be prepared in-house as much as possible, therefore minimizing engagement with the subcontractor community as feasible. CM/GC’s should have the in-house capability to perform detailed estimates based on past experiences or historical cost data. iv. Perform a risk assessment in terms of cost, quality and schedule; v. Provide value engineering to reduce risk, cost and schedule; vi. Engage and coordinate with stakeholders and design team. The CM/GC may be asked to perform any of the above tasks throughout the design phase, and not necessarily during formal design reviews. It is anticipated the CM/GC will be fully engaged throughout the design process and available to provide input when requested. The CM/GC shall be compensated for time spent providing design assistance as identified above, in accordance with the Preconstruction Support Services Work Order. It is likely that the CM/GC will be required at bi-weekly coordination meetings as identified by the City. The CM/GC may be required to engage and coordinate with stakeholders and design team members prior to construction. 1. Construction Requirements Contractor shall be responsible to: a) Provide construction services according to the Agreement and contract documents. RFP 9050 CMGC for Trail Head Park Page 9 of 132 b) Provide qualified full-time site supervision and management of trade subcontractors to meet or exceed the defined project schedule. c) Provide open procurement of subcontractors and suppliers. 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. At the City’s approval, subcontractors may be selected without receipt of 3 quotes and prior to the price negotiation process if the subcontractor’s early involvement adds value to the project through constructability reviews, phase planning, or other factors identified by the project team. In these cases, subcontractor’s costs must still be validated to be fair and reasonable and be determined to be an overall value-add to the City and project. d) Contract with and manage all aspects of the contract for the playground designer/manufacturer selected by the City. e) Provide stormwater management and BMP maintenance for the site complying with City, State and County regulations. i) The Stormwater Criteria forms are available at: https://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria f) Provide site security and protection during construction. Provide all site safety management and compliance with OSHA standards and criteria. Implement a site safety program that is reported on regularly. g) Provide for quality control program that meets or exceeds minimum job/contract document and industry standards. Perform all quality control testing and inspections in coordination with the City. All such tests and inspections shall be subject to the City’s review and written approval. h) Meet all licensing requirements as set forth by the City of Fort Collins for both CM/GC and subcontracted work. i) Provide services to manage participation in project close out process and needs during the project warranty period. j) The CM/GC construction team proposed and participating in the RFP interviews will be the same team used on the project by the contractor. If at any time, the City determines the composition of the CM/GC construction team has been changed by the contractor without the City’s prior approval, the City reserves the right to terminate the contract and procure the construction of the project by other means. k) 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. l) All final construction work must comply with the latest adopted Americans with Disabilities Act (ADA). https://www.ada.gov/ m) Required to adhere to the City of Fort Collins Dust Prevention and Control Manual. The manual is available at https://www.fcgov.com/airquality/pdf/dust- prevention-and-control-manual.pdf RFP 9050 CMGC for Trail Head Park Page 10 of 132 n) Required to complete City of Fort Collins Waste Management Plan Form. i) The Plan form is available at: https://www.fcgov.com/recycling/files/construction-waste-management- plan.pdf. ii) Contractor may not receive final payment until this has been completed and returned with back-up. o) Required to provide separate dumpsters for recycling and landfill. Coordinate the location of dumpster(s) with the City of Fort Collins personnel before construction begins. p) Any damage caused to the existing buildings, parking lot, site, & landscaping through access to the construction area will be at the CM/GC’s expense to repair the damaged area to existing conditions before the damage occurred. q) Ensure a clean and safe work site at all times. r) Required to pull all appropriate State, City, and Fire permits. s) Required to coordinate all necessary City building inspections. 2. Construction Contract Price Negotiations When the City, the design consultant team, 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 (price negotiations) will commence. This milestone is typically reached at 90% CD’s. In order to expedite the project, price negotiations may start before the completion of the Preconstruction Support Services. The CM/GC will be compensated for construction cost estimates prepared during the design process prior to price negotiations, however the CM/GC’s work effort for price negotiations will be separate from its Preconstruction Support Services and will not be compensated for by the City. An agreed upon contingency budget item may be permitted depending on the unknown conditions and complexities of the project. The contingency must be defined for specific aspects of the project and approved by the City Project Manager prior to use of the funds. At the City’s discretion, the City may develop an independent construction cost estimate for the work or may engage an independent third party to perform the construction cost estimate to better inform their review of the CM/GC’s costs. The City will determine when price negotiations have begun and will conclude with the establishment of a Guaranteed Maximum Price (GMP) Construction Work Order agreement. Actual construction costs will be tracked through construction, and if cost savings are realized, the savings will be passed to the City in full. The Construction Work Order agreement will incorporate general conditions using the General Conditions of the Construction Contract prepared by the Engineers Joint RFP 9050 CMGC for Trail Head Park Page 11 of 132 Contract Document Committee (EJCDC) and other provisions in accordance with the City’s construction contract requirements. a. Price Negotiation Process: The following procedures will be used for Construction Contract Price Negotiations. i. In collaboration with the CM/GC, the designer will produce a set of the relevant plans and specifications, showing the work to be accomplished. The plans will also show all work accomplished under any previous construction packages. ii. At roughly 90% CD’s, the CM/GC will prepare a price to perform the work. The price may include detailed unit line item pricing or lump sum items as appropriate but will include a minimum of 3 quotes for all subcontracted work unless otherwise approved by the City. iii. Upon reviewing the CM/GC’s price, the City will determine its acceptability by comparing it to its independent construction cost estimate (internal or 3rd party), by reviewing the competitive quotes, or employing other factors as determined to be in the best interest for the project. iv. If the City determines the price is 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. v. If the price is not acceptable, the City and the CM/GC will conduct a price negotiation meeting to discuss the variances between the price and independent construction cost estimates, or other factors that led to its unacceptability. vi. Following the price negotiation meeting the Construction Contract Negotiations will enter into subsequent iterations of the above noted process. vii. 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. viii. At any time, if the City determines that an agreement cannot be successfully negotiated, the City reserves the right to end Construction Contract Cost Negotiations 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 construction price. The CM/GC shall provide cost or pricing data, broken down by individual work item, for the CM/GC and each subcontractor. Submit material RFP 9050 CMGC for Trail Head Park Page 12 of 132 and subcontractor quotes, anticipated labor, operator and equipment usage, and anticipated production rates. If requested, submit a written proposal for the work identifying the major elements of the work, the quantity of the element, and its contribution to the proposed price. Provide further breakdowns if requested by the 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. • 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. B. 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 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, schedule, quality and cost. Key staff members for this project are expected to include a project manager, superintendent and possibly a field engineer. The City expects the CM/GC key staff identified in the proposal to be the staff working RFP 9050 CMGC for Trail Head Park Page 13 of 132 on the project from design through construction. If key staff are removed from this project without City approval, the City reserves the right to terminate the Contract. The City expects the CM/GC to request approval for any changes in staffing if they will differ from those identified in the proposal. Communication The City expects open and honest communication related to project activities including subcontractor performance, cost control, schedule control, budget and quality issues as they may arise. The City expects communication to occur directly through the established chain of command which may involve working directly with, receiving direction from, and coordinating with City assigned personnel. Contract Management The City expects the 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 CM/GC will work in close collaboration with the City’s Project Manager 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 worldclass CM/GC and project. The City expects to pay fairly for all work performed and expects the CM/GC to be profitable. Services and Construction Agreements, and Work Order Process The CM/GC will be required to sign the City’s Services Agreement Work Order-type, similar to the sample Agreement found in Section VIII. Based on this Agreement, a Work Order for the pre-construction Work will be issued. The pre-construction services shall include (at minimum) review of designs for 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. Upon completion of the pre-construction services, the CM/GC will be required to sign a Construction Work Order. A sample construction Work Order is included in Section VIII. 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 and successful completion of Construction Contract Price Negotiations. Any exceptions to the agreements must be stated with your submission of qualifications for this project. The City makes no guarantees it will change the agreements but may consider reasonable exceptions. C. Anticipated Schedule RFP 9050 CMGC for Trail Head Park Page 14 of 132 The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. 1. RFP Schedule  Advertise and Issue RFP November 6, 2019  Pre-proposal Meeting November 12, 2019 at 10:00 am  Deadline to submit Questions November 20, 2019 at 5:00 pm  Proposal due date December 2, 2019 at 3:00 pm  Oral Interviews December 11-17, 2019 (tentative)  Selection of CM/GC December 20, 2019 (tentative)  Notice to Proceed January 2019 (tentative) D. Interviews In addition to submitting a written proposal, the top-rated CM/GCs may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section V. E. Laws and Regulations The CM/GC agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. F. Fees, Licenses, Permits The successful CM/GC shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. G. Hours Working hours are from 8:00 am to 5:00 pm Monday through Friday and does not include recognized holidays. City Project Manager may agree, in writing, to overtime or night work if required. H. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. I. Standard of Conduct The successful CM/GC shall be responsible for maintaining satisfactory standards of employees' and subcontractor’s competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any individual, as may be necessary. RFP 9050 CMGC for Trail Head Park Page 15 of 132 The personal conduct of the CM/GC and its staff has a direct impact on the quality of performance. Unacceptable personal conduct/behavior, as defined herein, may result in immediate or early termination of the Agreement. The City may request, at their sole discretion, the CM/GC to immediately remove from this assignment any employee and/or subcontractor found unfit to perform duties due to one or more of the following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. (3) Theft, vandalism, immoral conduct or any other criminal action. (4) Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or substances while on assignment for the City. All City owned or operated facilities and their grounds are non-smoking sites. All City parks, trails and natural areas are also non-smoking. J. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the CM/GC each month following the submittal of a correct invoice by the CM/GC indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the CM/GC and the City will negotiate an appropriate unit price for the service prior to the CM/GC initiating such work. The City is exempt from all state taxation including state sales and use taxes. The City pays invoices on Net 30 terms. IV. PROPOSAL SUBMITTAL CM/GC firms that have the requisite experience and qualifications are encouraged to submit proposals. It is highly recommended to limit proposals to approximately twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Please, no embedded documents. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter/Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background RFP 9050 CMGC for Trail Head Park Page 16 of 132 2. Number of years in the business 3. Details about ownership, including date firm was established, how firm is organized and previous names of the firm in the last ten (10) years 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section VI, Vendor Statement. 8. Provide general contracting licenses held by firm. C. Scope of Proposal Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 1. Construction Sequencing and Scheduling Describe the scheduling software your firm plans to use for sequencing tasks and scheduling subcontractors, materials and equipment. The City will require that an industry recognized software is used to develop and manage the project schedule; fully base-lined, critical path shown and float managed. 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. Submit an example of a project schedule for a similar size project. 2. Method of Construction Submit a written narrative explaining your approach to the project and achievement of the project goals described in Section I B. Provide an estimate for the percent of the construction project you plan to self-perform. 3. Project Budget and Cost Control a. Describe your approach to developing in-house pre-construction cost estimates during design. b. Describe your approach to developing value engineering ideas through construction delivery to enhance the work product while potentially saving cost. c. Describe how the delivery schedule outlined in Part I B. above affects your approach to pricing. d. Describe your approach to be transparent or open book when developing a cost for this project in cooperation with the project team. RFP 9050 CMGC for Trail Head Park Page 17 of 132 e. Please note: The City is exempt from all state taxation including state sales and use taxes. 4. Approach to GMP Negotiation Describe in detail how your firm uses the markups, CM/GC General Conditions and direct cost of work to develop the GMP for the project. The City anticipates working with the CM/GC to develop this cost for all known quantities of the project. For unknown circumstances, the City anticipates negotiating contingencies to complete the work. The final project cost will be established as a GMP including a detailed bid schedule. D. Firm Capability 1. Partnering Experience Describe at least 3 projects completed by your firm in the past 5 years where partnering was formally implemented. Provide a list of key staff identified for this project who participated in these projects and their roles. Describe in detail what Partnering means to your firm and how it is integral to your business operations. 2. Company Resources Indicate the total number of personnel employed by the company and how many resources are in each category (e.g. Administration, Clerical, Estimating, Project Management, Project Coordinator, Project Engineer, Superintendent, Foreman, Carpenter, Laborer, etc.) Provide an organizational chart for the resources proposed to be used on this project. Indicate the office location this project will be managed through. Provide a full list of equipment on hand owned and managed by the firm. 3. Profile Projects Provide a brief project description and history of no more than 5 projects, similar in scope to this project, completed in the last 10 years. Include the following information: a. Project description that includes the project name, firms that comprised the design team, and site location. Please include pictures of the work completed. b. Project history that includes the original schedule agreed upon at the time of signing the contract, the actual duration of construction, and any special characteristics of the project that affected delivery. c. Type of project delivery model used. d. Original contract cost. e. Cost at completion. f. Original contract time and actual completion time. Provide a brief discussion of any unusual factors that affected the project delivery (e.g. owner-initiated delays, additions to the work, etc.). Provide both an owner reference and consulting engineer/architect reference for cited projects. 4. Trade Subcontractors Provide a listing of subcontractors for major trades your firm plans to engage to meet the three-bid requirement. Explain your relationship with these firms, how long they have worked with you on projects, and how your subcontractor procurement process works. RFP 9050 CMGC for Trail Head Park Page 18 of 132 Give examples of situations where these firms have performed to tight timeframes and accelerated schedules. 5. Quality Assurance/Quality Control Provide details on your firm’s quality control program. Explain how your team administers a quality control program during construction, how performance measures are documented and how quality issues are addressed. Provide examples of when your firm exceeded quality standards, gained industry recognition or received quality awards. 6. Insurance Company Provide the name, address and phone number of the firm’s insurance agent(s). Provide statements to answer the following questions. (See also Insurance Requirements in Item VII. Sample Agreement). a. Does coverage meet minimum project requirements? b. Does coverage include builder’s risk? c. Can this coverage be extended for work on this project? d. Can coverage be increased? e. Can the City be listed as an additional insured? f. Are there any current claims that will affect coverage limits available for this project? E. Assigned Personnel Key Project Staffing Provide the names and resumes of proposed key project staff, including proposed project manager and construction project superintendent. Include references from owners and consulting engineers for the last 3 projects for each assigned person. Detail the availability of proposed staff. (Note: key personnel must be committed to this project for its duration, unless excused by the Owner. This requirement is non-negotiable and may be grounds for contract termination.) F. Cost and Work Hours Provide a list of construction cost factors that will be used to develop the cost of work. Provide the following. a. Work Order I (Pre-Construction) Services: 1. Cost estimate for pre-construction services. A. Provide an hourly, not to exceed cost for your involvement to complete pre-construction services, including meetings, cost estimating, value engineering and other related tasks. Provide estimated hours per task and per personnel classification. B. Provide all labor rates for personnel and job classifications. b. Work Order II (Construction) Services: RFP 9050 CMGC for Trail Head Park Page 19 of 132 1. Provide your CM/GC Fee, expressed as a percentage, to be added to the direct cost of work, including all materials, labor, equipment and subcontractors costs. This fee shall be used to cover all insurance, overhead and profit, and shall also be used on any (both positive and negative) project change orders. 2. Provide the anticipated monthly General Conditions cost, based on the General Conditions identified in Section VII. CM/GC General Conditions Cost Matrix. As a part of this cost, provide a breakout cost for each General Condition cost category. The fee shall not be applied to the General Conditions. 3. Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement during construction, including anticipated labor, operator and equipment usage. The fee schedule will be used as a basis for negotiation during construction contract pricing negotiations for self-performed work. 4. Provide a schedule of billing rates for any equipment anticipated to be used. Equipment billing rates shall include operator. Financial Information Provide details of your firm’s financial standing; including your available credit and banking reference (provide name, address, and phone number). A recent financial statement detailing current assets and liabilities may be required upon request. Bonding Company Reference Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate to undertake this work. G. Safety Record, Availability and Sustainability Safety Record Provide the firm’s OSHA reportable accident rate and current workman’s compensation insurance multiplier for the last 3 years. Provide the OSHA reportable accident rate on projects managed by the proposed superintendent or project manager over the three- year period. Provide a list of all projects in the last 5 years that have received an OSHA citation either to the GC or subcontractor on the jobsite and provide a narrative of the citations. Availability As presented, can the work be completed in the necessary timeframe, with target start and completion dates met? Describe other qualified personnel available to assist in meeting the project schedule if necessary. Provide an outline of the schedule for completing tasks. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. Sustainability The City values a company’s investment in supporting the industry with apprenticeships, volunteer, or intern opportunities and the use of locally sourced materials and labor. Describe your previous experience emphasizing local labor and materials sourcing. RFP 9050 CMGC for Trail Head Park Page 20 of 132 The City also values environmental sustainability including, but not limited to energy efficiency, improved air quality, water use reduction, stormwater run-off and land degradation minimization, and material use efficiency. Describe how your firm incorporates sustainable construction practices into projects to reduce your impact on the environment, including your ability to recycle materials generated from construction activities. Provide examples from previous projects utilizing pollution prevention techniques and highlight areas of opportunity in the project where sustainability could be applied and/or improved. RFP 9050 CMGC for Trail Head Park Page 21 of 132 V. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used in the completion of construction and the results that are desired from the project? Does the written project approach reflect a good balance between construction efficiency and ability to complete the project? Does the method of construction and project approach reflect innovation and potential for significant cost savings measures? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in-budget? Do the referenced projects reflect favorably in respect to completion within the contract schedule, cost and number of change orders and claims? Has the firm worked on projects similar in scope to this project? Has partnering been used on other projects? Does the firm have the experience necessary for this project? Does this contractor have previous CM/GC or alternate delivery experience? 2.0 Assigned Personnel Does the proposed team have the necessary skills and experience to fulfill the requirements of the project, including CM/GC delivery? Is the key staff available to do the work and remain with the project for its entirety? 1.0 Safety Record, Availability & Sustainability/TBL Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day- RFP 9050 CMGC for Trail Head Park Page 22 of 132 to-day business operating processes and procedures? Does the firm provide an “OSHA Illness/Injury Rate”, “OSHA Lost Work Day Incidence Rate” and Workers Compensation Experience Modification Rate Insurance Multiplier that are better than industry standard? 2.0 Cost & Work Hours Are the cost factors presented in the proposal reflective of industry standards? Do they offer a reasonable way to approach development of the GMP? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 23 of 132 VI. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 24 of 132 VII. CM/GC GENERAL CONDITIONS MATRIX CM/GC General Conditions Matrix Cost Category Fee (%) General Conditions Direct Cost of Work Home Office Expenses Office Overhead X Profit X Staff Project Executive X Pre-construction Manager & Estimator X Project Manager X Project Superintendent X General Superintendent X Safety Manager X Estimators X Schedulers X Project Coordinators X Project Engineers X Consultants X Administration Office Support (Accounting, Etc.) X Builders Risk Insurance X General Contractor's Bond X Subcontractors bond X Suppliers Bond X Liability Insurance X Jobsite Operations Jobsite Office X Internet & Other technology items X Storage/tool trailers X Telephones X Cell Phones X Radios X Copier/fax/printer, Etc. X Office supplies X First Aid Supplies X Vehicles, fuel, maintenance X Travel expenses X Document reproduction X Postage X Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 25 of 132 Site Signage X Safety Equipment X Temp Toilets X Water, cups, etc. X Dumpsters X Licenses X Special Permits X Material Layout X Field Engineering Equipment X Surveying & Layout X Temp Utilities X Interim Cleanup X Final Cleaning X Construction Fire Protection X Mobilization X Demobilization X Jobsite Security X Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 26 of 132 VIII. SAMPLE AGREEMENTS (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "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 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 $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), 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 such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the 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 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 27 of 132 emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence , 20 and shall continue in full force and effect until , 20 , 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. 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: Attn: City of Fort Collins Attn: 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 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 28 of 132 Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. Payment shall be made by the City Net 30 days from the date of the invoice and 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. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 29 of 132 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. 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 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 30 of 132 Exhibit , 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 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 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 31 of 132 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. 22. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 23. Haul Routes. All trucks used for work contracted by the City utilizing asphalt from the asphalt plant located at 1800 North Taft Hill Road may only enter North Taft Hill Road from the North using CR 54 G and only exit the site on North Taft Hill Road to the North to CR 54G. 24. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 32 of 132 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 33 of 132 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: 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 Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 34 of 132 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 35 of 132 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 36 of 132 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 37 of 132 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 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. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 38 of 132 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. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 39 of 132 CONSTRUCTION WORK ORDER FOR [ORIGINAL PROJECT # AND NAME] WORK ORDER NO. TITLED (WORK ORDER TITLE) DATE: CONTRACTOR: Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 40 of 132 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 41 of 132 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 42 of 132 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: WORK ORDER # & TITLE: PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: ENGINEER: OWNER’S REPRESENTATIVE: NOTICE OF AWARD DATE: OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated , for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated , you have been awarded a Work Order for this Work Order Description: A. See Section 01100 – Summary of Work. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is ($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is , and after Substantial Completion, the date for Final Completion is . 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1. Substantial Completion: ($ ) for each calendar day or fraction thereof that expires after until the work is Substantially Complete. 2. Final Acceptance: After Substantial Completion ($ ) for each calendar day or fraction thereof that expires after the 60 calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 43 of 132 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2 Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 6. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 44 of 132 supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7. CONTRACT DOCUMENTS. 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 45 of 132 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.5 There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by . A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 46 of 132 CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF AWARD dated , between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: By: Date: Name: Title: Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 47 of 132 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference and the attached Notice to Proceed is hereby given. ACCEPTANCE: Date: _____ , Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: ___________________________________________ Date: __________ Darin Atteberry, City Manager (if greater than $1,000,000) ACCEPTANCE: ___________________________________________ Date: __________ Gerry Paul, Purchasing Director (if greater than $60,000) APPROVED AS TO FORM: __________________________________ Date: __________ ATTEST: ___ ________________________________________ Date: __________ Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 48 of 132 BID SCHEDULE Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 49 of 132 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: TO: Attn: This notice is to advise you: That the Work Order and all amendments and supplements to the Contract Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Work Order and the AGREEMENT. The dates for Substantial Completion and Final Acceptance shall be , and , respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: ___________________________________________ ___________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Name & Title Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 50 of 132 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 51 of 132 SECTION 00610 PERFORMANCE BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 2 , for (original bid/rfp # & name) a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of , , a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 52 of 132 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 53 of 132 SECTION 00615 PAYMENT BOND Bond No __ KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , , for (original bid/rfp # & name), a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of , , a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 54 of 132 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of ___________, _____. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 55 of 132 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following: 2. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor’s general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 56 of 132 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: WORK ORDER DATE: The Work performed under this Work Order, pursuant to the Contract Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 57 of 132 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: ________________, _____ TO: Gentlemen: You are hereby notified that on the day of , , the City of Fort Collins, Colorado, has accepted the Work completed by , for the City of Fort Collins Work Order, titled , Work Order Number under (original bid/rfp # & name). A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents, including the Work Order, which is dated , and the AGREEMENT, which is dated . In conformance with the Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ___________________, _____. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 58 of 132 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 59 of 132 may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ______ day of __________, ___. CONTRACTOR: By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 60 of 132 SECTION 00650 LIEN WAIVER RELEASE (SUBCONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 1. The Subcontractor acknowledges having received payment from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Subcontractor voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the Subcontractor may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The Subcontractor affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the Subcontractor or its agents, employees, and servants, or by and through the Subcontractor by various sub- subcontractors or materialmen or their agents, employees and servants, and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub-subcontractors, materialmen, employees, servants, agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 61 of 132 Signed this ______ day of _________, ___. SUBCONTRACTOR: By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by __________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. __________________________________ Notary Public Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 62 of 132 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: WORK ORDER # & TITLE: ORIGINAL BID/RFP # & TITLE: CONTRACT DATE: WORK ORDER DATE: In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of _________ _, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 63 of 132 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 64 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 65 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 66 of 132 SECTION 00700 GENERAL CONDITIONS Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 67 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 68 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 69 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 70 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 71 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 72 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 73 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 74 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 75 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 76 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 77 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 78 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 79 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 80 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 81 of 132 Official Purchasing Document 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updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 92 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 93 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 94 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 95 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 96 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 97 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 98 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 99 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 100 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 101 of 132 Official Purchasing Document Last updated 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10/2017 RFP 9050 CMGC for Trail Head Park Page 112 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 113 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 114 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 115 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 116 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 117 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 118 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 119 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 120 of 132 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 121 of 132 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10. Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from OWNER; and no provision of this Article 2 or of the General and Supplementary Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 122 of 132 Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2. . SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 123 of 132 SC-6 CONTRACTOR’S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 124 of 132 SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 125 of 132 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 126 of 132 SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: WORK ORDER TITLE & NO. : ORIGINAL BID/RFP # & TITLE: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COSTS $ ________________ TOTAL APPROVED CHANGE ORDER(S) $ ________________ TOTAL PENDING CHANGE ORDER(S) $ ________________ TOTAL THIS CHANGE ORDER $ ________________ TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ % TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ % ADJUSTED CONTRACT COST $ ________________ _________________ (Assuming all change orders approved) ACCEPTED BY: _____________________________________ DATE: ____________ Contractor's Representative ACCEPTED BY: _____________________________________ DATE: ____________ Project Manager REVIEWED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 127 of 132 SECTION 00960 PAYMENT APPLICATION Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 128 of 132 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 129 of 132 CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 130 of 132 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 131 of 132 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 Official Purchasing Document Last updated 10/2017 RFP 9050 CMGC for Trail Head Park Page 132 of 132 TRAIL HEAD PARK ATTACHMENT A TRAIL HEAD PARK ATTACHMENT A TRAIL HEAD PARK ATTACHMENT B Central Green (Turf) Loop Walk (Concrete) Native Grasses Native Grasses Terraced Seating Area Shellter Playground Existing Trees Restroom Playground Adventure Play Area (Teens and Adults) Basketball Activity Deck Potential Future Community Garden Play Tower TRAIL HEAD PARK ATTACHMENT B Central Green (Turf) Loop Walk (Concrete) Native Grasses Ornamental Grasses Ornamental Grasses Earthen Mounds Earthen Mounds Turf Shellter Play Tower Playground Playground Restroom Adventure Play Area (Teens and Adults) Basketball Activity Deck Pine Walk (Crusher Fines Path w/ Concrete Edging) Existing Trees Existing Trees Potential Future Community Garden Activity Spine Play Structure TRAIL HEAD PARK ATTACHMENT B Central Green (Turf) Loop Walk (Concrete) Native Grasses Native Grasses Turf Shellter Play Tower Playground Restroom Adventure Play Area (Teens and Adults) Basketball Existing Trees Potential Future Community Garden Activity Spine Play Structure TRAIL HEAD PARK ATTACHMENT B Crusher Fines Ornamental Grasses Shellter Activity Spine Play Tower Playground Restroom Activity Spine TRAIL HEAD PARK ATTACHMENT B Crusher Fines Path Activity Deck Playground Adventure Play Area Shellter Terraced Seating Area Activity Spine