HomeMy WebLinkAbout345127 NARANJO CIVIL CONTRACTORS INC - CONTRACT - RFP - 8318 CM/GC FOR COLLEGE & PROSPECT INTERSECTION IMPService Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 1 of 39
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 NARANJO CIVIL CONSTRUCTORS INC. 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 8318 CM/GC for College & Prospect Intersection Improvements. 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. A general scope
of services is attached hereto as Exhibit “B”, consisting of six (6) pages, and
incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A to certain named third parties, Service Provider shall be solely
responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or
oral emergency service request. Oral emergency service requests will be acted upon
without waiting for a written Work Order. Time is of the essence.
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 2 of 39
4. Contract Period. This Agreement shall commence upon execution by all parties and shall
continue in full force and effect until August 31, 2017, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed four (4) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties. Written notice
of renewal shall be provided to the Service Provider and mailed no later than thirty (30)
days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following address:
Service Provider: City: Copy to:
Naranjo Civil Constructors Inc
Attn: Jerry Naranjo
1863 2nd Ave
Greeley, CO 80631
City of Fort Collins
Attn: Dan Woodward
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the
actual amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for
all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as
Exhibit "C", consisting of twenty-two (22) pages, and incorporated herein by this
reference.
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 3 of 39
Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the
performance of such work.
9. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services hereunder,
the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extent that the work
shall be done in accordance with the terms, plans and specifications furnished by the City.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit “A”, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the city.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights under the Agreement
or of any cause of action arising out of the performance of this Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 4 of 39
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
15. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this Agreement, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-
defaulting party commences legal or equitable actions against the defaulting party, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable attorney fees and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
Agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representative, successors and assigns of said parties.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder shall deliver
to the City's Director of Purchasing, P. O. Box 580, Fort Collins, Colorado 80522 one
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 5 of 39
copy of a certificate evidencing the insurance coverage required from an insurance
company acceptable to the city.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1) Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2) Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1) Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2) Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 6 of 39
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting
of one (1) page, attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 7 of 39
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
NARANJO CIVIL CONSTRUCTORS INC.
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Jerry Naranjo
VP
8/15/2016
8/16/2016
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 8 of 39
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
NARANJO CIVIL CONSTRUCTORS INC.
AGREEMENT DATED:
Work Order Number:
Purchase Order Number:
Project Title: 8318 CM/GC for College & Prospect Intersection Improvements
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Service Provider agrees to perform the
services identified above and on the attached
forms in accordance with the terms and
conditions contained herein and in the
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Services Agreement and this
Work Order (including the attached forms) the
Services Agreement shall control.
The attached forms consisting of ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
SERVICE PROVIDER
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Purchasing Director (over $60,000.00)
Date: ____________________________
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 9 of 39
EXHIBIT B
GENERAL SCOPE OF SERVICES
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 each phase of the project including; 1)
Preconstruction Support Services; and 2) Construction Services. The intent is to form a
partnership with the City of Fort Collins (the owner), the designer working for City of Fort Collins
(Wilson & Company), and the contractor. The focus is on a partnership and a collaborative
design development to minimize risk, improve the construction schedule, promote innovation,
and a cost efficient construction.
1. Preconstruction Support Services
The CM/GC team relies on the expertise of the contractor to deliver a better product in less
time and at a cost competitive with traditional design-bid-build construction processes. The
contractor is required to provide the following expertise during the Preconstruction Support
Services Phase of the project:
The skills and knowledge to estimate the quantities of materials, labor, and
equipment needed to construct the project.
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.
An understanding of the availability, cost, and capacities of materials, labor, and
equipment.
The skills and knowledge to identify potential risks (including cost risks) and methods
to mitigate them during the design process.
The skills and knowledge to determine constructability of various designs and to
develop construction phasing and maintenance of traffic schemes for various
designs.
The skills, knowledge and experience to address storm sewer construction and
phasing and the ability to evaluate the feasibility of all types of storm sewer
construction techniques. The contractor should be able to discuss the viability of
new and innovative pipe replacement technologies including trenchless technologies.
The skills, knowledge and experience necessary to coordinate the project work with
anticipated utilities conflicts and relocations.
The selected contractor will be awarded a Preconstruction Support Services contract,
prepared and administered by the City. The cost of the contract will be based upon a final
negotiated scope, total hours and unit rate for each key employee for “Preconstruction
Support Services” submitted as part of the Unit Price Cost Proposal. The Consulting
Contract will be in the form of a Work Order, issued per the attached Item V. Sample
Agreement. The Preconstruction Support Services Work Order will include the following
activities.
a. Partnering: The City expects a strong partnering relationship with the selected
CM/GC contractor. A formal Partnering Session will be held with the selected
contractor, City of Fort Collins team members, contract Architects and Engineers
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 10 of 39
(the Wilson & Company team), soon after the selection process is completed.
Successful CM/GC project delivery requires an environment where trust and
teamwork prevent disputes, fosters a cooperative bond to everyone’s benefit,
and facilitates the completion of a successful project. Adversarial relationships
between the contractor and owner will not be acceptable on the project, and
could lead to the termination of the contract.
b. Initial Risk Assessment Workshop: Participate in an initial project introduction
and Risk Assessment workshop. The workshop will be conducted in Fort Collins
and will include the following tasks:
i. Project site walk thru
ii. Introduction to the project and the project stakeholders
iii. Project status, goals, objectives, funding, etc.
iv. Presentation of project elements
v. Review phasing options for construction
vi. Development of alternative phasing concepts
vii. Assessment of primary project risks in terms of cost, quality and schedule
c. Design Reviews (collaborative design development): Participate in an
estimated three formal design reviews. For each review the contractor may be
asked to perform any or all of the following tasks:
i. Provide constructability reviews
ii. Work with the designer to prepare draft construction phasing and
maintenance of traffic schemes
iii. Develop construction schedules
iv. Provide construction cost estimates
v. Perform a risk assessment in terms of cost, quality and schedule
vi. Provide value engineering to reduce risk, cost and schedule
vii. Engage and coordinate with stakeholders and property owners.
The contractor 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 contractor will
be fully engaged throughout the design process and be willing to provide input when
requested. The contractor shall be compensated for all of their time spent providing design
assistance as identified above, in accordance with the Preconstruction Support Services
Work Order. It is likely that the contractor will be required to be at bi-weekly or monthly
coordination meetings as identified by the City. The contractor may be required to engage
and coordinate with stakeholders and property owners prior to construction.
2. Construction Contract Price Negotiations
When the City, the designer, and the contractor agree that the project has been designed to
a sufficient level of detail to allow the contractor to accurately price construction elements of
the project, Construction Contract Price Negotiations will commence. In order to expedite
the project, Construction Contract Price Negotiation may start before the completion of the
Preconstruction Support Services. The contractor’s work effort for Construction Contract
Price Negotiations will be separate from its Preconstruction Support Services, and will not
be compensated for by the City. The contractor will be compensated for construction cost
estimates prepared during the design process prior to Construction Contract Price
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 11 of 39
Negotiations. The City will determine when Construction Contract Price Negotiations have
begun.
a. Price Negotiation Process: The following procedures will be used for Construction
Contract Price Negotiations.
i. The designer will produce a set of the relevant plans and specifications
showing the work to be accomplished. The plans will also show all work
accomplished under any previous construction packages.
ii. The contractor will prepare a “bid” to perform the work shown. The contractor
will use the unit prices submitted as part of the Proposal unless the City has
approved a change in the unit price, based on the unit price factors provided
in the Proposal.
iii. The City will develop an independent construction cost estimate for the work.
iv. Upon opening the contractor’s “bid” the City will determine the acceptability of
the “bid” by comparing it to its independent construction cost estimate.
v. If the prices are acceptable, the City will prepare a Work Order for
construction services. If a previous Work Order for construction services had
been entered into, this work may be added to that contract by change order.
vi. If the prices are not acceptable the City and the contractor will conduct a
price negotiation meeting to discuss the variances between the “bid” and
independent construction cost estimates.
vii. Following the price negotiation meeting the Construction Contract
Negotiations will enter into subsequent iteration of the above noted process.
viii. The City reserves the right to require the Contractor to enter into “open book”
cost model price negotiations at any time through this process, where the
contractor will be required to reveal and defend its detailed pricing
breakdowns including labor, materials, equipment, subcontractor and supplier
quotes, mobilization, overhead, mark-up, and profit. See below for the City’s
“open book” negotiation requirements.
ix. At any time, if the City determines that an agreement cannot be successfully
negotiated, the City reserves the right to terminate construction contract
negotiations and the Preconstruction Support Services contract and procure
the construction of the project by other means. If the City then offers the
project up for public bids the contractor will not be eligible to bid on the
project.
b. “Open Book” Negotiations Process: Negotiations may require any or all of the
following information.
The contractor shall submit information as requested by the City to the extent
necessary to permit the City to determine the reasonableness of the “bid” price.
The contractor shall provide cost or pricing data, broken down by individual work
item, for the contractor and each major subcontractor. Submit material and
subcontractor quotes, anticipated labor and equipment usage, and anticipated
production rates.
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 12 of 39
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
contractor and subcontractors in performing the work, the contract risk type, the
work difficulty, and management effectiveness.
Markup: List any markup cost for subcontractors or other items. Provide backup
information as requested for a breakdown and justification of markup expenses.
3. Construction Requirements
The City expects the CM/GC Contractor to provide full construction services related to the
completion of the Project. The CM/GC will be required to sign a Work Order for construction
services. A template of the City’s Work Order for construction Services is available upon
written request. For the most part, construction services will be contracted and performed in
accordance with the City’s standard processes for traditional design-bid-build projects.
These services are to include, but not be limited to the following:
Provide construction services according to the Agreement and contract documents
including self-performance with a goal of at least 40% of the physical work (including
overhead, profit and materials). Report in your proposal to the City how remaining
work will support this goal.
Provide qualified full time site supervision and management of trade subcontractors
to meet or exceed the defined project schedule.
Provide open procurement of subcontractors and suppliers that are not assigned by
the City. Include the City in the procurement process. A minimum of 3 quotes may
be required for the subcontractor procurement process.
Provide storm water management and BMP maintenance for the site complying with
State and City regulations.
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 13 of 39
Provide construction delivery scheduling, meeting attendance and reporting
according to contract document and federal or state requirements. This includes
progress reporting and subcontractor work participation.
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.
Provide for quality control program that meets or exceeds minimum job/contract
document and industry standards. Coordinate all quality control testing and
inspections through the City.
Meet all licensing and permitting requirements as set forth by the City of Fort Collins
for both GC and subcontracted work.
Provide work that complies with the Larimer County Urban Area Street Standards
(LCUASS), the Colorado Department of Transportation Standard Specifications for
Road and Bridge Construction, City of Fort Collins Development Construction
Standards for Water, Wastewater and Stormwater dated December 2011, project
construction contract and general and special provisions as amended by the
contract. See Attachment 4 – Contract Provisions for the current set of Contract
Provisions. This is not an exhaustive list, and more project provisions may be
included as design progresses.
Provide services to manage participation in project close out process and needs
during the project warranty period.
Early Procurement of Long Time Materials and Other Services: The contractor may be
asked to procure long lead materials that may be in short supply or require longer than
desired lead times from purchase to delivery. The City may also procure through the
contractor such services as pavement cores, pipe videos, potholes, or other investigations to
facilitate the design. The City may choose to exercise this option if the early procurement
saves significant construction time, money, or avoids potential delays once the project
begins, etc. The procedures as previously described will be used to negotiate early
materials procurements. The City may ask to procure these items at any reasonable time
throughout the design and construction phase of the project.
Early Action Construction Contracts: Similar to early materials procurements early action
construction projects may be initiated before the design as a whole is completed for the
project. The Construction Contract Price Negotiation process will be followed for the
negotiation of early action construction contracts.
Early construction may be done in an effort to further coordinate with CSU and will likely be
based on ROW acquisitions. The City may choose to exercise this action to save
construction time, money, or avoid potential delays and rework once the project begins, etc.
4. CM/GC Process and Fees
The City intends to negotiate a unit price contract with the selected contractor and may
require the City’s “Open Book Negotiation Process” as detailed above. The contractor will
be required to provide input on estimated quantities for each Major Line Item, and the City
and Contractor will come to a final agreed upon quantity. The Major Line Items will be
determined by the City with input from the contractor.
Once the final quantities are agreed to, a quantity allowance for each item will be negotiated.
The final quantities plus allowance for each item will encompass the total contract amount
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 14 of 39
for each item. This will be the Guaranteed Maximum Quantity for each item, similar to a
Guaranteed Maximum Price. The contractor shall be fully responsible for any costs
associated to complete the work above the negotiated Maximum Quantity.
The contractor shall include industry standard overhead, profit and markup rates as
applicable to each task and item. The contractor shall utilize the unit pricing, overhead,
profit and markup rates stated in Attachment 3, unless other rates are negotiated.
5. Services Agreement and Construction Contract
The CM/GC will be required to enter into Services Agreement – Work Order type and sign a
Work Order for the Preconstruction Support Services. Following successful completion of
the Preconstruction Support Services, the CM/GC will enter into a Work Order for
construction services. For the most part, construction services will be performed in
accordance with the City’s standard processes for traditional design-bid-build projects. Any
special provisions will be modified and expanded as design progresses and will be included
as part of the final contract.
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 15 of 39
EXHIBIT C
COMPENSATION
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 16 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 17 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 18 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 19 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 20 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 21 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 22 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 23 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 24 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 25 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 26 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 27 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 28 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 29 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 30 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 31 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 32 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 33 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 34 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 35 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 36 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 37 of 39
EXHIBIT D
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this Agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 38 of 39
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B
Service Agreement – Work Order Type
8318 CM/GC for College & Prospect Intersection Improvements Page 39 of 39
EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
DocuSign Envelope ID: 1FC17B64-EA42-44AB-9507-A8DA13D40E8B