250730_City of Durango City Hall _ PD_CMAR RFQ_Final_8-12-2025.pdf

REQUEST FOR QUALIFICATIONS (RFQ)

for

CONSTRUCTION MANAGER AT RISK (CMAR)

for the

City Hall and Police Department

Owner:

City of Durango 949 E 2nd Ave Durango, CO 81301

970–375-4994

Owner’s Representative:

Artaic Group 2650 18th Street, Suite 301 Denver, CO 80211

Milestone Dates:

Mandatory Prebid Site Meeting: September 9th, 2025; 10:00am MST

Responses Due: October 2nd, 2025; 3:00 pm MST (via electronic submittal)

Request for Qualifications Invitation

The City of Durango (“City” or “Owner”) is requesting qualifications from Construction Manager/General Contractor (Contractor) firm(s) interested in providing Construction Manager at Risk pre-construction and construction services for the City of Durango’s City Hall and Police Department renovation (“Project”). The RFQ for the project is posted to Rocky Mountain E-Purchasing System (BidNet) and can be found at

All official communication with Candidates and questions regarding this RFQ/P will be via the BidNet site at www.bidnetdirect.com/colorado.

All Candidate inquiries will be responded to collectively by the “Clarification Deadline” in the schedule noted below. A clarification addendum with replies to all questions will be posted on Rocky Mountain Bid Net. NO OTHER CONTACT SHALL BE MADE REGARDING THIS REQUEST FOR QUALIFICATIONS WITH ANY OTHER CITY OF DURANGO STAFF, COUNCIL MEMBERS, AGENTS, CONSULTANTS, ETC. DURING THE REQUEST FOR PROPOSAL

PROCESS.

I. OWNER S BACKGROUND & PROGRAM INFORMATION

A. Owner Background

Founded in 1880, the City of Durango is a thriving, experience-based, business-friendly, family-oriented town located in La Plata County. Durango is located in southwestern Colorado; the town of 19,500 people is situated near Mesa Verde National Park and adjacent to the San Juan National Forest. The location offers many opportunities to enjoy world-class cultural and recreational amenities both within the City of Durango and through easy access to the surrounding regions. Durango’s ease of access comes from its location at the cross-section of four highways extending in each of the four cardinal directions. Visitors can also access the City through the nearby Durango-La Plata County Airport.

The City of Durango purchased the historic high school building at 201 East 12th St. and the Big Picture Building at 215 E 12th St from the Durango Fire Protection District in August 2023. The City Council has since directed staff to enhance the City's customer service by redesigning and renovating the property as a new home for a centrally located City Hall and Police Department. The project would be funded primarily through the City’s 2005 Half-Cent Sales tax voters have chosen to reauthorize in the City’s April 2025 election.

B. Project Description

The City of Durango (Owner) is procuring a Construction Manager at Risk team to assist in the renovation of the existing historic high school and community development and engineering buildings. Exhibit B identifies the plans to convert the historic high school building into the City Hall building, as well as the current community development and engineering building into the new police station. In addition to the renovations of the two existing buildings, the site will utilize the current parking areas on the west and north sides of the buildings by adding a new parking garage. Funding has been secured through the passing of the above-mentioned bond.

The new facilities will be stand-alone structures that will meet or exceed established industry best practices for public safety and City Hall buildings. The selected candidate will be responsible for working closely with the design team to renovate the existing facilities to meet staffing needs. The project will be constructed under a Construction Manager at Risk project delivery method.

http://www.bidnetdirect.com/colorado

The project anticipates delivering the buildings in a phased approach, with City Hall as the priority, followed by the police department and parking garage. The police department will need to be renovated in two phases, starting with the north end. This approach is necessary to relocate the current community development and engineering occupants (occupying the south portion) from the future police department building to the new City Hall building, thereby completing the police station. The chosen candidate will work closely with the ownership and design teams to plan the project's phasing in the most logical and time-efficient manner.

Please find the project location and proposed site map in Exhibit B. Future employee counts, by category, as well as estimated square footage, can also be found in Exhibit B.

Projected Target Hard Cost budgets are as follows: $55,000,000

C. Project Definition

The following standards/definitions shall be used as a guideline for determining the completeness of or clarification of specifications.

For the purpose of this RFQ, the terms set forth below have the following meanings:

“BIM” means Building Information Model

“City” means the City of Durango.

“City Council” means the City Council of the City of Durango.

“Contractor” means the successful bidder who has been awarded all or parts of the RFQ and, who enters into written contract with the City of Durango to perform the work under the RFQ.

“Contract” or “Contract Documents” means the Contract entered into by the successful Bidder(s) with the City of Durango to perform the work of the RFQ.

“Mandatory“ and “Must” means the requirement that must be met in order for the Statement to receive consideration.

“OAC” means Owner, Architect, Contractor

“RFQ” means Request for Qualifications, as some may be amended, supplemented or modified from time to time by the City of Durango.

“Should” or “Desirable” means a requirement having a significant degree of importance to the objectives of the RFQ.

“Statement” means the statement of qualification a bidder provides in response to this RFQ.

D. Supporting Documents

Please find the Exhibits associated with this RFQ on www.bidnetdirect.com/colorado.

- Exhibit A – Durango Schedule

- Exhibit B – City of Durango’s Vision

- Exhibit C – Building Condition Report

- Exhibit D – Building Feasibility Analysis

- Exhibit E – City of Durango’s 2025 Purchasing Policy

- Note: Draft Contract – will be issued in the future

Compliance with the City of Durango’s Development Standards (found on the City Website and link below), which include permits and procedures, design standards, and zones and land use specifications:

Plan Navigator

Procurement Schedule

TASK DATE

RFQ Available August 13, 2025

Mandatory Pre-Bid Site Meeting September 9, 10:00 am MST

RFQ Clarification Deadline September 16, 2025; 3:00 pm MST

RFQ Clarification Addendum Issued September 23, 2025; 3:00 pm MST

RFQ Responses Due October 2, 2025; 3:00 pm MST

Interview Invite to Short-Listed Contractors estimated October 9, 2025

Interviews & Fee Proposals Due estimated October 21, 2025

Candidate Notified of Selection/Award estimated October 28, 2025

PreCon Services Contract Approved by City November 11, 2025

A Mandatory Pre-Bid Meeting and Site Visit will be held in person on September 9, at 10:00 a.m. MST. All potential candidates are required to attend. The meeting will be held at the current City Hall building, located at 949 E 2nd Avenue, Durango, CO 81301. Following the Pre-Bid meeting, a site visit will be conducted at the subject site, located at 201 E 12th Street, Durango, Colorado 81301. The Draft Contract will be shared with the teams that are shortlisted for interviews.

Submission Instructions

1. Statements of Qualifications must be submitted electronically through Rocky Mountain EPurchasing (www.bidnetdirect.com/colorado) no later than the proposal deadline in the above schedule.

2. The City of Durango reserves the right to reject any statements of qualifications and to accept the statements of qualifications deemed most advantageous to the best interest of the City.

3. Statements of Qualifications shall be marked as follows: CMAR Services RFQ – Durango City Hall, Police Department, and Parking Garage

4. Check List – The information required in Section III of the RFQ must be submitted.

II. PROJECT TEAM, EXPECTATIONS, AND PROJECT SCOPE

A. Project Team Members

1. OWNER TEAM

https://online.encodeplus.com/regs/durango-co-pl/sitenavigator.aspx

- Owner – City of Durango: The City is the project owner and contracting agency. The Contractor will contract with the City for both the pre-construction and construction services.

- Owner’s Representative – Artaic Group: Artaic Group will provide administrative project management during the design/pre-construction and construction phases of the project. Artaic Group will lead OAC (Owner, Architect, Contractor) meetings during both design/pre-construction, and record and distribute meeting notes.

2. DESIGN TEAM

- Design Consultant – HDR/Roth Sheppard

3. CMAR TEAM - TBD

- The selected CMAR will be responsible for providing the pre-construction, procurement, and construction services detailed in this RFQ.

B. Expectations

1. PARTNERING: The Owner Team expects a partnering relationship with the selected Contractor. The expectation is that the Contractor will become an integral part of the Project Team that has been working on this project up to this point. The current team operates in an environment of trust, transparency, cooperation, and teamwork with a shared goal of creating a valuable and beautiful new space that supports community in Durango. Additionally, achieving the project’s historic preservation goals is a key focus. The team expects the CMAR to join the team, contribute positively to the working environment, and be fully invested in both the vision for the project and its commitment to a timely delivery.

2. KEY STAFF: The Owner Team expects the Contractor to commit key staff members to be consistently involved in the project throughout its duration. At a minimum, this staff should include a project manager, an estimating team, and a site superintendent. These staff should be included in the Statements of Qualifications and shall be assigned to the project throughout the pre-construction and construction portions of the project.

3. CONTRACTING: The selected Contractor will be contracted initially to work with the Project Team through the completion of the design/pre-construction phase. The Owner Team’s intent is to work with the selected CMAR contractor to develop a Guaranteed Maximum Price (GMP) at the end of the design/pre-construction phase. The GMP will be the basis for a Contract amendment with the CMAR contractor for the construction phase. In the event a GMP Construction Agreement cannot be negotiated, or if the Owner Team is dissatisfied with the pre-construction/design phase services, the Owner Team reserves the right to terminate the contract at the end of the pre-construction services at no cost to the owner and competitively bid any portion of the Work.

C. Scope of Work

The selected Contractor will be retained for pre-construction services to ensure a comprehensive and collaborative approach to design, entitlements, utilities, stormwater management, and cost estimating. The Owner intends to enter into a Guaranteed Maximum Price (GMP) agreement with the CMAR for the City Hall and Police Department renovation and new parking garage project.

The Contractor’s Scope of Work will generally consist of the requirements in the AIA A133-2019 and AIA A201- 2017 General Conditions contract.

1. PRECONSTRUCTION SERVICES

The Contractor shall immediately begin pre-construction services upon award of the Contract.

Pre-construction Meetings – The Contractor is expected to attend and actively engage in pre-construction coordination activities and meetings, including but not limited to design, owner, or community informational meetings. There will be weekly OAC (Owner, Architect, Contractor) meetings during the pre-construction phase.

Progress Document Reviews & Estimating – Contractor shall be actively engaged in all design reviews, working collaboratively with the team to frequently examine costs and work with the design team to provide construction cost estimates. At a minimum, the contractor shall provide cost estimates at the following milestones:

- 100% Schematic Design

- 50% Design Development

- 100% Design Development

- 50% Construction Documents

- 100% Construction Documents

Contractor is also expected to provide narratives and thorough explanations with cost estimates, including a clear list of exclusions and clarifications, as well as any allowances and alternates. The Project Team will collaborate to achieve the project budget.

Value Analysis & System Analysis – Value Analysis for cost-saving or value enhancements will be required. The Contractor shall establish and maintain a Target Value Budget (TVB) as a decision-making tool, independent of milestone estimates, which will be consistently updated and maintained throughout the project. Additionally, a trend log, including potential alternates and value engineering, shall be regularly maintained and reviewed during scheduled meetings with the team members. To support the Owner in making informed design decisions, the CMAR is expected to provide ongoing feedback, analysis, and recommendations on design options, addressing cost, constructability, schedule impact, and logistics.

Constructability Reviews – The Contractor shall perform constructability reviews at each design phase and provide redlines and feedback on all project-related information that is produced during preconstruction. Contractor shall provide input regarding procurement, lead time/supply chain consideration, construction sequencing, construction safety planning and management, and alternative construction materials and methods. Contractor shall research materials and methods, as necessary.

Bidding – Contractor will solicit a minimum of three (3) subcontractor bids for all trades, excluding proprietary materials, and make recommendations for the selection of subcontractors and suppliers. The early selection and engagement of key subcontractors throughout the project are essential, and a competitive procurement process should be considered for key trade partners that may offer productive design input or have exceptionally long lead materials that need to be secured. Selection of major subcontractors will be made by the CMAR and the Owner Team together. Selections will be based on both competitive bid pricing and qualifications. CMAR will follow the City’s 2025 purchasing policy (Exhibit E) requirements when procuring subcontractors. If the CMAR and the Owner Team do not agree, the Owner Team shall make the final determination. Contractor will be responsible for writing subcontracts and purchase orders for all elements of the work, ordering materials, and completing buy-out as required to achieve the overall project schedule. The project will be sales/use tax exempt.

Establishing the Guaranteed Maximum Price (GMP) – All scopes of work shall be competitively bid and presented to the owner as a guaranteed maximum price (GMP) for final authorization. The GMP shall include the total of all hard costs, including but not necessarily limited to, subcontracts, the Contractor’s general conditions, fees, bonds, and insurances, and construction contingency.

It is expected that an Initial GMP be established based on the 100% Design Development drawings. This GMP is intended to facilitate the procurement of long lead items and the engagement of subcontractors to assist with shop drawings and design details.

Schedule – Contractor will establish a detailed construction schedule for all projects within the program, including all major milestones and identifying long lead items and critical path activities.

Compliance – Contractor will assist in addressing all issues requiring compliance with applicable laws, building codes, regulations, and requirements set forth by the City of Durango building code, the City of Durango Planning Department, and other applicable authorities having jurisdiction.

2. CONSTRUCTION SERVICES

Contractor shall construct the project in accordance with the final construction documents and specifications, as well as within the agreed-upon project schedules.

BIM Modeling – The CMAR shall develop and maintain a fully integrated BIM model during the construction phase. This model will be based on the Architect’s initial BIM model and further developed into a production model by the CMAR and their subcontractors. The construction phase BIM model will be fully populated to include detailed information for coordination, scheduling, and sequencing of the work.

The model will be continuously updated and used as a primary tool for clash detection, constructability reviews, safety assurance, and overall project management, ensuring alignment with project objectives and streamlining the construction process.

Submittals – Contractor shall identify and coordinate the submittal process in collaboration with the Design Team.

Site – The contractor is responsible for ensuring the safety and security of all aspects of the project site.

Contractor will coordinate with the Owner’s QA/QC material testing firm to provide appropriate notice of inspection requests. Provide all necessary traffic control throughout the construction period.

Schedule – The Contractor shall manage the construction program schedule, including individual project schedules, and regularly present 3-5 week look-ahead schedules on a weekly basis. The Contractor shall also provide an updated program schedule monthly with each application for payment. The Contractor shall incorporate owner milestones and vendor requirements, such as third-party inspections, third-party testing, whole-building commissioning, FF&E, low-voltage, utilities, sustainability, and historical preservation-based requirements into the master schedules.

Budget – Contractor is responsible for the overall program budget (hard costs only) and will provide monthly budget updates to the Owner, Owner’s Representative, and Design Team. Pay applications will be submitted in a timely manner so that the design team and the owner’s representative have time to review them before submitting to the Owner for payment. The contractor will need to facilitate a monthly pay app review meeting with the Owner, Design Team, Financing/Lending Agent (if applicable), and the Owner’s Representative. The pay application must adhere to any financing/lending agent requirements. A change order and contingency log shall be developed and tracked to keep the team informed of potential costs and reviewed on a weekly basis.

Site Management – Provide qualified, full-time site supervision and management of site personnel and subcontractors to meet or exceed the defined project schedule and the expected level of work quality.

Erosion and Sediment Control – Provide and maintain water control, dewatering, stormwater management, and erosion control best management practices (BMPs) to comply with all applicable regulations.

Documentation – Maintain and provide the Owner with all construction-related documentation, including RFIs, submittals, schedules, and inspection reports. The contractor will also be responsible for coordinating and reporting any actions, documentation, and submissions in conjunction with the design team for the historical preservation program and the sustainability program, if applicable. CMAR will be responsible for providing a monthly status update report, along with pay applications, once the project enters construction.

Quality – The Contractor shall establish and manage a quality control process for all aspects of the projects, ensuring the highest quality workmanship.

Completion & Warranty – Close-out and warranty services will be in accordance with contract documents. An 11-month and 23-month warranty walk shall be included, along with warranty-related corrective work following the walk.

Utility Coordination - The contractor is expected to assist the owner, owner’s representative, and design team with utility coordination among various utility providers.

III. SUBMITTAL REQUIREMENTS

Submittal shall respond to each item noted below. Please limit response information to relevant information only.

1. COVER LETTER / LETTER OF INTEREST

2. FIRM INFORMATION

Provide a brief history of the firm, including the following information:

- Number of years in business

- Location of office servicing project

- Location of main office, if different

- Confirm the maximum dollar value for which your firm can be bonded, and the amount currently bonded with a confirmation statement from the bonding company

- Provide your firm’s EMR (Experience Modification Rate), and your firm’s EMR for the previous two years

- Information on any claims or lawsuits your firm has had in the past 10 years

- Confirmation that your firm will include all items outlined in the Scope of Work in Section II and tasks detailed in the draft Contract

- Indicate if your company intends to self-perform any work and if so, which scopes.

3. QUALIFICATIONS & AVAILABILITY OF PROPOSED TEAM

- Provide an organizational chart for your proposed team, including roles and responsibilities for each team member

- Provide resumes for all key team members

- The proposed project manager and superintendent shall each have a minimum of 10 years of experience in managing public projects, as well as experience in a similar role in CMAR projects

- Outline the team member’s experience working on similar projects in the same capacity

a. Include a list of representative projects and identify project experience that occurred while employed elsewhere

- Please note that proposed key team members are expected to be involved throughout the duration of the project and may not be changed without written authorization from the Owner

4. SIMILAR PROJECT EXPERIENCE

Provide project profiles for up to five similar projects in progress or completed by your firm in the last five

(5) years. You should highlight projects that include any combination of the following:

- Project Description

- Type of project (New Construction, Renovation, or Other)

- Project Square Footage

- Duration of Project & Completion Year

- Delivery Method (CMAR, D/B or Hard-Bid)

- Value of Contract

- Owner and Architect Name

- Contractor’s Project Team/Personnel

- Information about whether the project was not delivered on time and on budget

Demonstrate experience in constructing and delivering Historical Preservation and similar buildings. The ideal construction team should have a strong track record of renovating historical buildings, police department buildings, city hall buildings, and parking garages.

Provide a list, matrix, table, or similar format that shows any of your team’s additional experience with similar projects. This list should be limited to the ten (10) most applicable projects your firm has started or completed in the last 5 years. The bulleted information requested above should be included in the matrix.

Demonstrate your firm’s experience with CMAR contracts. Detail how your firm brought value to the design and construction.

Discuss your firm’s familiarity with the project area and local construction market.

5. SCHEDULE

Provide an overall construction schedule that clearly identifies key milestones for all projects within the program. Please provide a short narrative confirming your team’s ability to meet the start dates and durations. Please note concerns, areas of risk, and/or reasons the schedule may need to be modified.

Also, provide any opportunities to expedite ordering of materials or construction durations to assist the owner in determining the most efficient schedule for the project.

6. PROJECT APPROACH

Describe how your firm promotes a collaborative approach:

- Internally at your company

- In collaboration with the Design Team

- With the Owner and the Community

Explain your approach to effectively managing the budget and schedule. How will you guide the project team to make efficient decisions that ultimately benefit the Owner?

Explain your company’s approach to the CMAR delivery method.

- Pre-Construction Phase: What is your approach to estimating, value analysis, system analysis, constructability reviews, etc., across the entire program?

⌑ Describe your approach to renovating historical buildings ⌑ Describe your approach to developing a cost to complete this project.

⌑ Describe your approach to developing value engineering alternatives through the pre-construction phase to enhance the product while potentially saving cost. Describe how being part of the team during design affects this approach.

⌑ Describe your transparency when developing a cost for this project in cooperation with the project team.

- Construction Phase: Explain how your team manages scheduling, cost control and forecasting, change order management, subcontractor oversight, QA/QC, punch list, and warranty.

Discuss quality control methodology, including adherence to local procedures, construction documentation coordination and completion, and assurance of construction quality.

Provide examples of occasions where your firm had to address quality issues (including those by a subcontractor) and what steps were taken to address them and prevent them from occurring in the future.

Briefly explain how your firm will manage the current volatile labor and material markets given the recent unprecedented cost escalation.

Provide your 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 the project managed by the proposed superintendent and project manager over the 3-year period.

7. REFERENCES

Provide a list of up to five (5) references from key comparable projects. Similarities can include Municipal Projects, Civic Centers, Police Stations, Courthouses, Libraries, and similar civic spaces. Projects listed should have been started or completed in the last 7 years.

Reference information should include:

- Reference Name and Title

- Reference Phone Number

- Reference Email

- Reference Project Description/Title/Location

- Proposed Team Members who worked on the referenced project

- Total construction cost (actual, not escalated), square footage, and year completed

The Owner reserves the right to check additional references beyond those provided in the submittal.

Other proposal information

FEES

Fees are not to be submitted at this time. Shortlisted Contractors will be invited for interviews, and prior to interviews, will submit proposals for General Conditions, overhead and profit, bonds, and insurances at that time.

A template fee matrix will be issued to the shortlisted firms. The cost of the actual construction work will not be required at this time.

PAGE LIMIT

Page limit of 40 8.5” x 11” pages of text/information/photos. Dividers and front and back covers can be additional to these 40 pages. The schedule page count is included in the 40 and can be printed on 11x17 paper.

IV. SUBMITTAL SCORING MATRIX

Statements will be evaluated based on the criteria listed below, along with the percentage weight for each category, totaling 100%. The selection committee will review each firm’s approach to assess their understanding of the project and the issues, ensuring that a proper effort will be devoted to the project. This will also allow the committee to consider the firm’s special perspective on approach, techniques, and work efforts.

SUBMITTAL SECTION POINTS

Cover Letter 5 Points

Firm Information 5 Points

Qualifications & Availability of Proposed Team 20 Points

Similar Project Experience 25 Points

Project Approach 20 Points

Proposed Project Schedule 15 Points

References 10 Points

TOTAL 100 Points

V. SHORTLIST & INTERVIEWS

Based on the scoring results, the selection committee will shortlist up to three firms for an interview. The interview format will include a presentation, model questions, and an interactive Q&A session with the selection committee.

Candidates will also be asked to provide fees, general conditions, and comments on the City’s Contract agreement.

More detailed interview format information will be provided to the short-listed Contractors.

VI. PROVISIONS

A. Acceptance & Rejection

The Owner reserves the right to request additional information which, in the Owner’s opinion, is necessary to ensure that the Owner has complete information with regard to the Contractor's background, competence, business organization, and financial resources to assist in determining credentials and qualifications.

The Owner reserves the right (a) to terminate the Request for Qualifications process at any time; (b) to reject any or all Statements of Qualifications; and (c) to waive formalities and minor irregularities in the Statements of Qualifications received. The Owner reserves the right to reject any and all Statements of Qualifications in response to this Request for Qualifications that are deemed not to be in the Owner’s best interests. The Owner further reserves the right to amend this Request for Qualifications at any time and will notify all recipients accordingly.

B. RFQ Submission & Information

Statements of Qualifications due at the specified date and time must be received at the Owner's location by that date and time to receive consideration. Statements of Qualifications received after the specified date and time are considered late and will not be eligible for review by the Selection Committee. The owner is not responsible for any late Statements of Qualifications received by mail or any other method of delivery.

The Owner is not responsible for costs incurred in the preparation of this Statement of Qualifications.

Statements of Qualifications will not be returned and become the property of the Owner once submitted. By submitting a Statement of Qualifications, all Candidates agree to the terms and conditions of this RFQ, and the RFQ will become part of the awarded candidate's contract. The Owner and the Owner’s legal counsel will review the agreement and negotiate terms prior to commencement of work.

Candidates acknowledge that all submissions to this RFQ may be subject to the Colorado Open Records Act

(CORA).

Addenda may be issued for this RFQ. It is assumed by the Owner that any Candidate providing a submission is responsible for receiving and reviewing all information provided by addenda, and the Candidate shall acknowledge receipt of addenda in their response to this RFQ.

C. Insurance

The Contractor(s) shall provide insurance coverage for the Project, which shall not be less than the amounts listed below as set forth in the Request for Qualifications; such insurance coverage shall include professional liability, general liability, automobile liability, and workers' compensation. Insurance shall be maintained in full force and effect during the performance of the work, at the Contractor’s own expense:

1. Indemnification. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the City of Durango, and its officers, employees and agents from and against all liability, claims and demands on account of any injury, loss or damage which arise out of or that are connected with the Work, if such injury, loss or damage, or any part thereof, is caused by, or claimed to be caused by the act, omission, or other fault of the Contractor or any subcontractor of the Contractor, or any officer, employee or agent of the Contractor or any other person for whom the Contractor is responsible. The Contractor shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands and bear all other costs and expenses related thereto, including court costs and attorney’s fees. The Contractor’s indemnification obligation shall not be construed to extend to that portion of any injury, loss, or damage which is found to have been caused by the act, omission, or other fault of the City of Durango. If the Contractor is providing architectural, engineering, surveying, or other design services, then the Contractor’s obligation to indemnify and pay costs, expenses and attorney’s fees may be determined only after the extent of liability or fault of the Contractor has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Contractor and the City.

2. Performance and Payment Bonds. For the construction portion of the Work, the Contractor shall furnish, at the Contractor’s expense, a performance bond and a separate labor and materials payment bond, each for an amount not less than 100% of the Contract Price. The bonds shall be issued by a qualified corporate surety licensed to transact business in Colorado. If at any time during performance of the Work, the surety on the bonds shall be disqualified from doing business in Colorado, or shall become insolvent or otherwise impaired, the Contractor shall furnish bonds from an alternate surety acceptable to the City. The bonds shall be delivered to the City’s Purchasing Agent prior to the commencement of the Work and shall remain in effect until one year from completion of the Work. The Contractor shall secure an increase in the bonds in an amount equal to the cost of any additional work authorized pursuant to a duly executed Change Order or contract amendment.

3. Bonds may be obtained through the Contractor’s usual source, and the cost thereof shall be included in the Cost of the Work.

4. The Contractor shall deliver the required bonds to the City at least three days before the commencement of any Work at the Project site.

5. During both phases of the Project, the Contractor shall purchase and maintain insurance as set forth in this section. Such insurance shall be written for not less than the stated limits, or greater if required by law.

6. The Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by the City. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Agreement, the Contractor must maintain the insurance coverage required in this section.

7. The Successful Contractor shall procure and maintain, at its own cost, the following policy or policies of insurance. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the contract documents by reason of its failure to procure or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.

8. Contractor shall procure and maintain and shall cause each Subcontractor of the Contractor to procure and maintain (or shall insure the activity of Contractor’s Subcontractors in Contractor’s own policy with respect to), the minimum insurance coverages listed below. Such coverage shall be provided and maintained with forms and insurers acceptable to the City. All coverages shall be continuously maintained from the date of commencement of the Work. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

9. Worker’s Compensation insurance to cover obligations imposed by the Workers’ Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of Work under this contract, and Employers’ Liability insurance with minimum limits of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) disease – policy limit, and One Million Dollars ($1,000,000) disease – each employee.

10. Comprehensive General Liability insurance with minimum single limits of One Million Dollars ($5,000,000) each occurrence and Two Million Dollars ($20,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision.

10.1 Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000) each occurrence and One Million Dollars ($1,000,000) aggregate with respect to each of Contractor’s owned, hired, and/or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision.

11. The policies required above, except for the Workers’ Compensation insurance and Employer’s Liability insurance, shall be endorsed to include the City, and its officers and employees, as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above.

12. Certificates of insurance shall be completed by the Contractor’s insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and copies of such certificates shall be forwarded to the City prior to start of Work. Each certificate shall identify the Project and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the City. If the words “endeavor to” appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The City reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

13. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the City may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by the Contractor to the City upon demand, or the City may offset the cost of the premiums against any monies due to Contractor from the City.

14. Coverage shall be included by the Contractor for Builder’s Risk Property Insurance. The Contractor shall provide Builder’s Risk Property Insurance coverage, including fire and theft, equal to the GMP amount and shall name the City of Durango as an additional insured.

15. The Contractor and their insurance carrier(s) shall agree to a Waiver of Subrogation.

D. Builder s Risk

Builder’s Risk property insurance shall be carried by the Contractor and shall be in the amount equal to or greater than the contract price. The Builder’s Risk shall be carried until the project is complete, and evidence of such insurance shall be provided to the Owner.

E. Performance & Payment Bonds

Owner will require the CMAR to provide a performance bond and a separate labor and material payment bond, each of which shall (a) be executed by a corporate surety licensed to do business in the State, (b) be in customary form, (c) be in the amount payable to such subcontractor pursuant to its project contract and (d) be payable to the Owner. If, at any time prior to completion of the Work covered by any such bond, the surety shall be disqualified from doing business within the State, a new bond shall be provided from an alternate surety licensed to do business in the State. The amount of each bond shall be adjusted, as necessary, to reflect changes in construction costs. A copy of each such bond and all modifications thereto shall be furnished to the State within 60 days of the effective date of the related Project Contract.

F. Contract Agreement

If, for any reason, the selected Candidate exceeds the project budget, presents unacceptable contract terms, or the Owner determines, at its sole discretion, that the contractor is not the best fit for the project, and if subsequent negotiations with the selected Candidate are unsuccessful, the Owner reserves the right to negotiate with the next highest-scoring Candidate.

G. No Confidentiality

Please be aware that Statements submitted to the City in response to this RFQ shall be subject to the Colorado Open Records Act, Section 24-72-201, et seq., C.R.S. All information included in the Statements may be subject to public inspection and disclosure under the Colorado Open Records Act (“CORA”) and Statements should expect that the Statements may be viewed by the general public and competitors following the deadline for submission. Merely marking information as “confidential”, “proprietary”, or otherwise stating an intent to protect the information from disclosure is not necessarily sufficient to prevent disclosure by law.

H. Amendment and Withdrawal of Statements of Qualifications

Prior to Contract Award, Construction Firms may withdraw their Statements of Qualifications. i.e., if you are awarded another project and will not have the capacity to perform, withdrawal is allowed, and the Owner will negotiate with the next highest-scoring Candidate.

I. Addenda to the RFQ

The City reserves the right to amend this RFQ by an addendum at any time prior to the date set for receipt of Statements. Addenda will be posted on the Rocky Mountain E-Purchasing System website as soon as they become available, and it shall be the bidder's responsibility to obtain all addenda. Firms registered for the paid notification service on the Rocky Mountain E-Purchasing System will be notified of addenda via fax or email, depending on the service to which they have subscribed. It shall be the responsibility of firms registered for the no-charge, no-notice service on the Rocky Mountain E-Purchasing System to monitor the Rocky Mountain E-Purchasing System for any addenda. If revisions are of such magnitude as to warrant, in the City’s opinion, the postponement of the date for receipt of Statements, an addendum will be issued announcing the new date.

J. Late Submissions

Any submission received after the submission deadline will not be accepted or considered.

K. Non-Assignment

Except as provided herein, neither this Agreement nor any of the rights or obligations of the Parties hereto shall be assigned by either Party without the written consent of the other. Notwithstanding anything herein to the contrary, Contractor agrees and acknowledges that, depending on the funding mechanism/loan agreement for the project, some responsibilities may be assigned by the City to a yet to be determined lender or Trustee.

- End of Request for Qualifications -