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HomeMy WebLinkAboutRFP - 9204 CM/GC SERVICES FOR THE 2020 ALLEY PROGRAM TENNEY COURT NORTH ALLEY WEST OAK STREET ALLEYRFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 1 of 27 REQUEST FOR PROPOSAL 9204 CM/GC SERVICES FOR THE 2020 ALLEY PROGRAM TENNEY COURT NORTH ALLEY WEST OAK STREET ALLEY RFP DUE: 3:00 PM Mountain Time (our clock), October 22, 2020 The City of Fort Collins (City) and Downtown Development Authority (DDA) are seeking proposals from qualified Contractors for Construction Manager/General Contractor (CM/GC) services on behalf of the Fort Collins Downtown Development Authority related to the design and construction of 2020 Alley Renovation Program including Tenney Court and West Oak Alleys. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. A pre-proposal meeting will be held at 2:00 PM MT on October 7, 2020. The pre-proposal meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your browser for access to the meeting. Please be prepared to record your name/firm name, and mute your microphone: https://teams.microsoft.com/l/meetup- join/19%3ameeting_MGU0NGJhYzEtMTZlZC00MGU3LWIwMTktMDgxNWIzZmVjZmZk%40t hread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431- 6d1a27b66660%22%2c%22Oid%22%3a%224765df56-fd3a-4dc2-a64c- f90540a0aeba%22%7d Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and conference ID. This option will only allow you to hear the audio presentation. Call-in number: (970) 628-0892 Conference ID: 803 311 300# All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at edale@fcgov.com, and Todd Dangerfield, Project Manager, tdangerfield@fcgov.com, no later than 5:00 PM MT (our clock) on October 13, 2020. Please format your e-mail to include: RFP 9204 CM/GC Services for the 2020 Alley Program 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. 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 9204 CM/GC Services for the 2020 Downtown Alley Program Page 2 of 27 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. 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. RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 3 of 27 Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected 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 Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 4 of 27 I. PROJECT SCOPE OF WORK AND REQUIREMENTS A. General Information In 2006, the DDA initiated a pilot project which included improving the pedestrian-only Trimble Court Alley (connecting College Avenue and Old Town Square) and Tenney Court Alley (connecting Mountain Avenue with the Civic Center Parking Structure). The DDA’s goal in initiating this project was to enhance the alleys aesthetically and to stimulate increased economic vitality and use of these spaces. In 2008, the DDA engaged local design firm Russell+Mills Studios to create a master plan of the alleys (see Attachment 1 2008 Fort Collins Downtown Alleys Master Plan Report) between CSU, Downtown and the River District. Beginning in 2010, the first phase of alley enhancements began with the construction of two alleys: Montezuma Fuller and Old Firehouse Alleys. These two installations were followed in 2011 by the construction of the Dalzell Alley (formerly West Myrtle Alley) enhancements. Two additional square blocks of enhanced alleyways at Old Firehouse Alley East and Godinez/Beardmore/Reidhead Alleys (formerly West Mountain Avenue Alleys) were constructed in 2018. The original master plan established a prioritized order of alleys to be enhanced. In 2019 the DDA Board reviewed the ten remaining alleys identified for enhancement, reexamined the relevancy of the order and made a few adjustments as well as establishing a model for “bundling” the remaining alleys into five separate phases for design and construction beginning in 2020 and continuing through 2029. The Fort Collins Downtown Development Authority (DDA) is continuing its renovation of several downtown alleys as part of its efforts to fully implement the Alley Masterplan. Tenney Court North and West Oak Street Alleys are currently in the design phase and approximately 60% complete. These alleys are planned to be constructed beginning in spring 2021. The DDA’s goal is to renovate and enhance the alleys to represent the current and future use trends with a keen eye towards the operational and maintenance characteristics. The intent is to accomplish this overarching goal within the DDA’s mission while maintaining the project’s goals. “The DDA’s mission is to build public and private investment partnerships that foster economic, cultural and social growth in the Fort Collins central business district.” Project Goals: • Create an equal or more exciting project than past alley projects. • Complete a project that will create an experience that the business owners will support by having the following reaction “I’d endure that construction again for a similar outcome”. • Complete the project in a staged manner over the next several years. • Assist adjacent owners with private improvements. • Highlight entrances to the alleys. • Demonstrate proactive, best practices for project delivery that set a local example. • Improve storm water conveyance and drainage. Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 5 of 27 • Utilize the DDA’s Standards Book as a baseline for all improvements (to be released in a future Addendum). • Execute each project to an on-time, on-budget delivery. B. Project Status The 2020 Alley program is being designed by Norris Design. The design has progressed to a 60% complete level. The plans are provided as part of this RFP solicitation and included as Attachment 2. The following general timelines for design and phasing milestones are as follows: • 60% Plans Design Submittal September, 2020 • Final Design Submittal January, 2021 • CM/GC Bidding January/February, 2021 • Construction NTP April, 2021 The DDA expects Tenney Court North and West Oak Street Alleys to be complete in fall 2021. At the DDA’s sole option, this Work Order type contract can be extended to include the next phase of alleys planned for design in 2022 and construction in summer/fall of 2023. C. CM/GC Scope of Work The DDA has selected the CM/GC delivery model to allow the contractor an opportunity to participate in the final design process and increase collaboration between the designer, construction manager and DDA. The selected CM/GC will be required to enter into a Services Agreement – Work Order type that defines each individual performance contract through work orders. The DDA anticipates award of separate Work Orders for each phase of the project including; 1) Preconstruction Services; 2) Construction of Tenney and West Oak Alleys and 3) Possible next phase of alley design/construction. The intent is to form a strong partnership with the DDA, the design team, and selected contractor team. 1) Preconstruction Support Services The DDA will rely on the expertise of the CM/GC to deliver a better product in less time and at a competitive cost compared to traditional design-bid-build construction project delivery. During the preconstruction phase (from 60% to complete construction documents), the DDA will expect the CM/GC to perform the following: a) Participate in routine design meetings. These are estimated to occur every 2 weeks for approximately 2 months. During these meetings, the CM/GC is expected to provide project phasing, construability and scheduling input to the project team. b) Cost Estimating. The CM/GC will provide a 60% complete contract document cost estimate based on materials provided with this RFP. c) Bidding, Best Value Selection. The CM/GC will manage the bidding process for subcontractors and vendors. They will include DDA representatives in the process to ensure a competitive subcontractor selection. The CM/GC will manage the bidding and Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 6 of 27 project pricing process to develop a final Guaranteed Maximum Price (GMP) for presentation to the DDA. d) Design Review. The CM/GC will be expected to provide formal plan and specification review comments to the DDA and design team at the 60% and 90% completion levels. e) Scheduling. The CM/GC will prepare a Critical Path Method (CPM) construction schedule using industry recognized software such as MS Project, P6 or PowerProject. They will update this schedule routinely and present it to the DDA project team. f) Utility Coordination. The CM/GC will coordinate with private and public utility providers to properly schedule their utility upgrades and relocations. g) Stakeholder Outreach. The CM/GC representatives will participate in early stakeholder outreach immediately prior to construction to engage with the local business and property owners. h) Misc. Meetings. Participate in no more than 5, 2-hour miscellaneous coordination or DDA Board meetings related to the project. The DDA will compensate the selected CM/GC through a preconstruction services work order based on assigned staff, their assigned hours to the project multiplied by their hourly rate. This hourly rate shall represent a fully burdened rate including all overhead and profit. 2) Construction Services a) The CM/GC will be expected to perform full construction services for the alley construction including, but not limited to, demolition, utility installation, grading, concrete pavement construction, flatwork, interlocking paver installation, irrigation, electrical, lighting and site amenity installation. b) The CM/GC will be required to provide oversight of all quality control. The DDA will provide inspection and 3rd party material testing. However, the CM/GC will be responsible for quality control of its own, and subcontractor forces. c) The CM/GC will be responsible for all surveying, layout and control of the work to ensure it is construction according to the plans, specifications, lines, grades and established property boundaries. d) The CM/GC will be required to provide qualified site supervision of its own, and subcontractor forces. e) The CM/GC will be required to self-perform at least 20% of the work. In this case, “work” is defined as overhead, profit, materials purchased and installed and constructed improvements. f) The CM/GC will continue to provide scheduling and attendance at routine construction progress meeting with the DDA and construction manager. g) The CM/GC will warrant and guarantee the work for a period of 2-years from substantial completion as defined by the DDA. h) The CM/GC will be expected to execute a separate construction work order agreement with associated general and special conditions to formulate the construction contract. 3) CM/GC Cost of Work and Fee Development The DDA will expect the selected CM/GC contractor to provide a complete open book cost accounting process to develop the GMP and administer construction costs throughout the construction phase of the project. This shall include detailed cost reports provided monthly with each pay application that substantiate the payment to the CM/GC. Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 7 of 27 a) Development of GMP. The CM/GC shall obtain competitive bids, through a documentable bidding process overseen by DDA representatives. This bidding process shall include solicitation of at least 3 subcontractors for each trade element of the project not self-performed by the CM/GC. Work self-performed by the CM/GC shall be detailed in the GMP proposal and verified as competitive through a third-party cost verification. b) Markups. The CM/GC shall, at the time of proposal to this RFP, provide cost of work markups as outlined in Table 1 below which explain how the complete GMP is prepared. The CM/GC shall also provide an example of how a complete GMP is prepared as part of their proposal. c) Administration of the GMP. During the construction phase, the DDA representatives will be involved in administration of the GMP in partnership with the CM/GC. The GMP value related to actual project costs will be known at all times. Each month, the actual project cost will be reviewed by the DDA to ensure budget targets are maintained. Each element of the GMP is noted below with how it will be presented and managed during the construction phase. ▪ Contractor owned contingency. Once the GMP is finally negotiated, there will be no contractor owned contingency in the contract. As estimating occurs, the CM/GC can maintain a % of estimating contingency based on the completeness of the contract documents. ▪ Owner contingency. The DDA will maintain owner contingency outside of the construction contract and use it for owner directed changes and unforeseen conditions. ▪ Allowances. Elements of work that are difficult to identify and define during the GMP development may be defined in the contract as allowances. If an allowance item is defined, the CM/GC shall accurately account for costs applied to this allowance monthly during the course of construction delivery. The CM/GC shall also gain approval from the DDA prior to expending costs against an allowance value. ▪ Fee, GCs, Cost of Work. During the course of construction, the DDA will pay the actual cost of work plus fee and applicable general condition (GC) costs as may be applicable to each pay application. Table 1 Item Markup Percentage Profit Markup – “Fee” ________% Field Office Overhead Markup (if not contained in GCs) ________% Home Office Overhead Markup ________% Labor Burden Markup ________% Material Markup ________% Equipment (owned and rented) ________% Subcontractor Markup ________% 4) CM/GC Contract Documents and Terms The final negotiated GMP shall be based on the CM/GC bidding process, self-performed work estimates, third party cost verification and best value selection of subcontractors providing bids for the work. Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 8 of 27 a) At any time, if the DDA determines that an agreement or negotiated GMP cannot be reached, the DDA reserves the right to end contract negotiations, pay the CM/GC for work performed through the preconstruction contract and terminate the CM/GC relationship. The DDA then can choose to procure construction services through another means as it sees necessary. In the event the DDA chooses to publicly bid the project, the CM/GC will not be eligible to bid on the project. b) The DDA intends to use the 2013 EJCDC General Conditions of the contract documents along with Division 0 front ends and Supplementary Conditions uniquely written for this CM/GC delivery model. Technical specifications in CSI format along with the construction drawings will form the entire construction document package with the CM/GC. c) Under the Work Order type contract, the DDA may ask the CM/GC to procure materials, or perform early work packages under unique work orders issues as part of this project. All cost of work development as described in this RFP shall be the same for each work order. II. PROPOSAL SUBMITTAL REQUIREMENTS CM/GC firms that have the requisite experience and qualifications are encouraged to submit proposals. Proposal Format The following sections should not exceed 30 single sided 8.5x11 pages, excluding: cover pages, dividers, financial statements, reference letters, but inclusive of resumes. • Cover Letter • General Company Information • Profile Projects • Project Approach • Key Personnel • Project Budget and Cost Control • Construction Sequencing & Scheduling • Quality Control • Safety Record • Financial Statement – Provided hardcopy in separate sealed envelope, see below for delivery instructions • Insurance and Bonding Cover Letter A cover letter expressing interest from your firm, executed by a company executive, in the project. General Company Information Name of firm, contact person for this proposal, title, phone number, fax number, email, street and mailing addresses, and previous names of firm in last 10 years; date firm was established. Describe how the firm is organized. Provide general contracting licenses held by the firm. Include a summary of contract defaults, liquidated damages, debarments, lawsuits, or failures to complete any awarded work. Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 9 of 27 Profile Projects Provide a brief project description and history of projects, similar in scope to this project, completed in the last 8 years. Limit profile projects lists to 5 projects maximum. Identify any Key Personnel that were involved with the profile projects that will be assigned to this project. Include the following information: 1. Project description that includes the project name and scope of work. 2. Project history that includes the original schedule agreed upon at the time contracting, the actual duration of construction, and any special characteristics of the project that affected delivery. 3. Type of project delivery model used. 4. Original contract cost and cost at completion including number of change orders. 5. Contractor, subcontractor or owner-initiated claims and their resolution. 6. Owner name and contact information. Project Approach Describe the approach to the overall project scope. How would your firm approach building these projects? Include narrative describing how you would build the work; outline project challenges you see and how they may be overcome. Address your firm’s capability, resources and key project staff as it relates to the scope of work. Discuss your firm’s experience in working in highly congested areas, and tight working conditions immediately adjacent to businesses. Discuss how your project approach will prioritize and sequence work in a way that accelerates the project schedule while balancing impacts to the public and local businesses. Include in your proposal any potential project phasing options, early construction options or innovative construction methods that will benefit the project schedule and reduce overall impacts. Discuss how your team will communicate with the DDA, project partners and its stakeholders. Include your firm’s experience in public outreach and communication for central business district work. Key Personnel Names and resumes of proposed Key Personnel shall be provided. Key Personnel for the project are the Project Manager, the Preconstruction Manager and Project Superintendent. Include two references for each assigned person. Detail the availability and commitment of Key Personnel. (Note: Key Personnel should be highly committed to this project for the duration of their phase of the work (e.g. Project Manager for the entire duration of the project, Preconstruction Manager for the preconstruction phase of the project and Project Superintendent for the construction phase of the project). Resumes for Key Personnel should be limited to no more than one page for each person. • The proposed project manager shall have no less than 10 years of experience in urban core construction projects. • The proposed superintendent shall have no less than 5 years of experience in urban core construction projects and must have acted as superintendent on a similar project. Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 10 of 27 ▪ The proposed Preconstruction Manager shall be a highly experienced senior manager with the authority to make contractual decisions for construction contract pricing. Project Budget & Cost Control Include your approach to cost of work development in both a narrative and example format. Use information provided above and in Table 1 to formulate this portion of your proposal. Provide an example of how your cost factors apply to direct cost of work to develop a final GMP. Describe your firm’s approach and culture around open book pricing, cost accounting and reporting to owner’s using alternative delivery methods. Provide a table of fully burdened hourly rates for all personnel proposed for preconstruction and construction services. Construction Sequencing & Phasing Provide an initial project sequencing and phasing plan showing how your firm would approach the work. Example the anticipated duration for each phase and what critical, key project elements affect the overall schedule. Quality Control The DDA upholds the highest level of quality control in its work as it witnessed through its projects such as Old Town Square and other alley renovations. The built quality and aesthetic appearance are critical to the success of the program. Describe how your firm will meet or exceed these expectations. Include a discussion on how you QC program will deliver on this promise across self-performed and subcontracted work. 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 3-year period. Provide a list of all projects in the last 5 years that have received an OSHA citation and provide an explanation of these incidents. Financial Statement Provide a copy of the most recent audited financial statement. Also provide a current balance sheet and income statement as of the date of your submittal. Item Description Balance Sheet Current Assets Current Liabilities Other Liabilities Fixed Assets and Equipment A/R Income Statement Net and Gross Income and Expenses • Include a current banking reference (contact name, address, email and phone number). • The Financial statements shall be provided in a separate sealed envelope (hardcopy) mailed to the Downtown Development Authority, 19 Old Town Square, Suite 230, Fort Collins, CO 80524 and reference RFP 9204 on the envelope cover. Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 11 of 27 Insurance and Bonding Provide the name, address and phone number of the firm’s insurance and bonding agent. Provide a letter from the bonding agent indicating that the firm’s bonding capacity is adequate to undertake this work relative to the Contractor’s current, committed backlog. Provide an example certificate of insurance that meets or exceeds all insurance requirements for the project. Include a letter from your insurance company outlining compliance with insurance requirements for the project including builder’s risk, additional insured and any claim requirements or issues. III. SELECTION PROCESS AND SCHEDULE Qualified CM/GC’s interested in the work described in this Request for Proposal should submit items contained in Part II of this request for proposal. The proposer’s authorized signature on the Proposal cover letter assures the team’s compliance with City of Fort Collins’ purchasing restrictions. A copy of the restrictions is available upon written request. The DDA reserves the right to reject any and all proposals and to waive any informalities and irregularities therein. CM/GC Procurement Schedule EVENT DATE Issued for Advertisement October 1, 2020 Pre-Proposal Meeting October 7, 2020 Final Questions October 13, 2020 Addendum released by October 16, 2020 Proposals Due October 22, 2020 Interview Notifications October 28, 2020 Interviews Week of November 2, 2020 Selection Notification By November 12, 2020 The DDA reserves the right to select the top ranked firm directly from proposal documents without a formal interview process. In the event it becomes necessary to revise any part of the RFP, a written addendum will be issued. Each Proposal shall state it is valid for a period of not less than ninety (90) days from date of proposal submittal. Taxation The DDA is exempt from all state taxation including state sales and use taxes. Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 12 of 27 IV. EVALUATION CRITERIA Contractor Qualification Review and Assessment CM/GC firms will be evaluated on the following qualification criteria. These criteria will be the basis for review of the written proposals, as well as for the oral interviews (if necessary) of the top ranked firms. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and a 5 being an outstanding rating. Weighting factors for the criteria are listed adjacent to the qualification. Weighting Factor Qualification Standard 1.0 Assigned Project Team Does the proposed team have the necessary skills and experience to fulfill the requirements of the project, including alternate delivery? Does the key staff have the requisite experience on similar projects? Is the key staff available and committed to do the work? 2.0 Firm Experience Has the contractor worked on projects similar in scope to this project? Does the contractor have the experience necessary for this project? Does the contractor have local or urban infrastructure experience? Has the contractor worked in collaborative settings with owners and designers, providing and incorporating feedback in an iterative process to improve the end result? Does the contractor have a strong safety record? Does the contractor develop strong working relationships? Is the contractor’s experience supported with strong references? 3.0 Project Budget & Cost Control; Construction Phasing Are the cost factors/markup percentages presented in the proposal reflective of industry standards? Do they offer a reasonable way to approach development and the GMP? Is a reasonable, well thought out construction phasing approach presented by the contractor? 2.0 Quality Control and Construction Performance Do the contractor’s past projects reflect favorably in respect to schedule, cost and owner satisfaction? Does the contractors Quality Control procedures provide for a high-quality and successful project? 2.0 Project Approach Does the project approach present a well thought out and constructable phasing plan? Does the written project approach reflect a good balance between construction efficiency, maintenance of traffic, access to businesses and pedestrian access during construction? Does the method of construction and project approach provide a strong approach to meeting and exceeding the project schedule? Does the project approach include meaningful and firm contractual commitment to exceed the minimum requirements of the contract in ways that are Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 13 of 27 Reference evaluation process (top rated firm) Below is the typical reference evaluation process for the DDA, however, the DDA reserves the right to check references at any point after submittals are received. After the interviews (if necessary) have been conducted, the evaluation committee will select the top-rated firm and the Project Manager may check references for overall performance, timetable, completeness, budget and job knowledge of selected project/references. A satisfactory/unsatisfactory rating shall be given to each reference contacted. If references check out for the top firm, then the DDA will work to negotiate a contract for CMGC services with the top firm. If the top firm references do not check out, then the selection committee will look to the second ranked firm and check their references. During this phase of the selection process, the DDA may also review and analyze the financial statement(s) provided with the proposal to assign a satisfactory/unsatisfactory rating. QUALIFICATION STANDARD Overall Performance Would you hire this Contractor again? Working Relationship Did you have a constructive, positive and collaborative working relationship? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Contractor responsive to client needs; did they anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge Did Contractor personnel exhibit the knowledge and skills necessary for the efficient completion of the scope or work? Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 14 of 27 ATTACHMENTS: Attachment 1: 2008 Fort Collins Downtown Alleys Master Plan Report Attachment 2: 2020 Alley Program Plans and Specifications Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 15 of 27 V. SAMPLE SERVICE AGREEMENT SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE FORT COLLINS DOWTOWN DEVELOPMENT AUTHORITY (DDA), hereinafter referred to as the "DDA" 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 DDA 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 DDA 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 DDA 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 DDA 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 DDA 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 9204 CM/GC Services for the 2020 Downtown Alley Program Page 16 of 27 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 DDA, 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 DDA of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by DDA/Notices. Notwithstanding the time periods contained herein, the DDA 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: DDA: Copy to: Attn: DDA Attn: 19 Old Town Square 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 DDA, 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 DDA 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 DDA 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 9204 CM/GC Services for the 2020 Downtown Alley Program Page 17 of 27 Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. Payment shall be made by the DDA Net 30 days from the date of the invoice and upon acceptance of the work by the DDA 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. DDA Representative. The DDA'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 DDA 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 DDA 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 DDA. 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 DDA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the DDA), 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 DDA, nor will it obligate the DDA to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the DDA to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the DDA 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 DDA. 13. Acceptance Not Waiver. The DDA'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 9204 CM/GC Services for the 2020 Downtown Alley Program Page 18 of 27 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 DDA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except DDA-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship 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 DDA 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 DDA. 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 DDA, 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 DDA as an additional insured under this Agreement of the type and with the limits specified within Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 19 of 27 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 DDA one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the DDA. 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 DDA within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 20 of 27 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 DDA may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the DDA arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The DDA will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the DDA 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 9204 CM/GC Services for the 2020 Downtown Alley Program Page 21 of 27 FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY By: Chair to the Board 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 9204 CM/GC Services for the 2020 Downtown Alley Program Page 22 of 27 VI. EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY 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: DDA Project Manager ACCEPTANCE: Date: DDA Executive Director ACCEPTANCE: Date: DDA Chair to the Board Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 23 of 27 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: DDA Project Manager ACCEPTANCE: Date: DDA Executive Director Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 24 of 27 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 25 of 27 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9204 CM/GC Services for the 2020 Downtown Alley Program Page 26 of 27 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the DDA, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the DDA 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 DDA” In case of the breach of any provision of the Insurance Requirements, the DDA, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the DDA 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 DDA, 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 9204 CM/GC Services for the 2020 Downtown Alley Program Page 27 of 27 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the DDA (the “DDA”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the DDA 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 DDA 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 DDA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the DDA, or that relates to the business of the DDA, or that is used by the DDA 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 DDA). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the DDA. 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 DDA. 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 DDA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the DDA, or the DDA so requests for any reason, the Service Provider shall promptly return to the DDA 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 DDA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the DDA 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. beneficial to the project?