MicrogridRFP_Final.pdf

Request for Proposals Design Build Services

Microgrid for Winter Park Public Works Facility

Submittal Due Date August 22, 2025

Project Contact: Mia Dorris, Sustainable Community Coordinator

Email: mdorris@wpgov.com/ Phone - 970.281.7793 mailto:mdorris@wpgov.com

Table of Contents I. Project Overview II. Project Location III. Project Background IV. Objectives V. Project Schedule VI. Project Scope of Work

A. Design B. Build

VII. Cost Allocation VIII. Project Technical Requirements

A. Solar PV System B. Battery Energy Storage System C. Microgrid Control System D. Interconnection Equipment E. Ancillary Equipment F. Performance Metrics & Operational Modes G. Cybersecurity

IX. Public Works Facility Information X. Proposal Requirements XI. Selection Criteria XII. Contract Payment and Terms

Attachments:

Construction Documents for the Public Works Building CM/GC form of agreement

Design-Build of Microgrid for Winter Park Public Works Facility

I. Project Overview:

The Town of Winter Park is excited to launch a key project to strengthen the energy resilience and sustainability of our municipal infrastructure. We are seeking design-build firms to submit proposals for the full design and construction of the microgrid at the Winter Park Public Works facility. This project will integrate rooftop solar photovoltaic generation with a battery energy storage system (BESS). The microgrid’s design will serve as an energy resilience example with its battery system storing the majority of the Public Work facility’s energy needs with up to a maximum of 25 KW net metered capacity. As the first public-facing microgrid in our community, this effort is set to become a strong example for advancing energy resilience in Grand County.

II. Project Location:

Winter Park is nestled at the western slope of the Continental Divide and the headwaters of the Colorado River, located in the Arapaho and Roosevelt National Forests. The town limits encompass 16.8 square miles and approximately 13 square miles are within the US Forest

Service Land. The Town of Winter Park holds the the highest point of any incorporated town in the United States with a peak elevation of 12,060 feet. Winter Park has an average of 344 inches of snow annually and winter temperatures at times dropping below zero. The Town’s population is 1,031 full-time residents with over a million visitors a year.

Project Location:

Address: 80500 U.S. Hwy 40, Winter Park, CO 80482

The Winter Park Public Works building is located at 80500 US Highway 40 and serves as a critical hub for the Town’s essential services. The 24,905 square foot property also includes surrounding areas vital for vehicle storage, staging and operational needs. The facility is located between downtown Winter Park and the privately-run Winter Park Resort, making critical service deployment easier. The microgrid will feature solar on the roof and battery storage inside the building or on the property. The location offers a strong foundation for integrating a resilient microgrid system. Please see Attachment A: Construction Documents for the Public Works Building.

Public Works Building Pictured

III. Project Background:

The Town of Winter Park has already completed initial design work as part of our state grant application to the Department of Local Affairs, which is partially funding the project through the Energy/Mineral Impact Assistance Fund Grant (EIAF). The current snow shed challenges at the Public Works facility necessitate additional design work as part of this request for proposals.

Firms applying are required to propose a scope of work with design and build components.

Grand County’s utility reliability metrics, as discussed in the Colorado Energy Office's Draft Microgrid Roadmap, indicate above average power outages due to natural disasters. This has led to a designation of medium infrastructure vulnerability coupled with high climate vulnerability. This microgrid initiative will directly address these concerns by ensuring https://energyoffice.colorado.gov/microgrid-roadmap https://energyoffice.colorado.gov/microgrid-roadmap continuous operation of the Public Works facility for essential functions, such as snow clearing, during potential power outages.

IV. Goals and Objectives

The primary goals of this project are to:

● Strengthen energy resilience of the Winter Park Public Works Facility. This will ensure uninterrupted power for crucial frontline services like plowing, vital for community safety and economic stability, particularly given Winter Park's reliance on winter tourism.

● Substantially reduce operational energy costs through the microgrid, aiming for a minimum of $13,600 in annual utility cost savings.

● As Winter Park's first public-facing microgrid, this project will serve as a model for advancing energy resilience throughout Grand County.

● Address the microgrid’s unique site challenges, which include significant snow loads and extreme winter temperatures, as part of the microgrid’s design and construction.

● Ensure strict adherence to all local, state, federal codes, regulations, and grant requirements.

● Contribute to reducing municipal carbon emissions by a minimum of 111 metric tons of carbon dioxide equivalent per year to support Winter Park's broader greenhouse gas reduction efforts.

● Reduce safety risk of snow falling from the roof of the Public Works facility onto walking areas.

V. Project Schedule

Critical Dates Description

August 15th at 5pm MDT Questions Deadline

August 22nd at 11am MDT Proposals Due

September 2nd Town Council Consideration Awarded (Anticipated)

November 30th Project Completion

VI. Project Scope of Work:

I. Design

Final design of the microgrid system:

A. Develop comprehensive schematics and construction drawings for the microgrid that includes a detailed system layout, engineering specs, integration plan and consider penetrations which include insulation, waterproofing and flashing details

B. The design must address site-specific challenges, especially snow shed considerations and include proposed snow management strategies for smooth operations

C. Designs must meet goals for battery storage, solar generation, rapid shutdown and system safety

D. Collaborate closely with Town staff and engineers to ensure the design is construction-ready and meets operational needs

E. Secure all necessary approvals from authorities, including local building department, fire department, and relevant state agencies prior to construction.

Provide all the necessary information for the interconnection application from Mountain Parks Electric

F. Perform necessary electrical studies to ensure system safety and compliance G. Develop a detailed microgrid control system and comprehensive functional specifications specifically for solar and battery integration to enhance microgrid operations

II. Build:

A. Complete installation of the microgrid, including solar panels, battery storage, and all necessary related infrastructure (i.e., inverters, solar panel anchorage to existing roofing, flashing and waterproofing, etc.). All penetrations made in the envelope need to be waterproofed, insulated and potentially fire rated.

B. Integrate all system components to ensure system functionality and optimized operation including the microgrid control system

C. Conduct comprehensive testing and commissioning to verify the system meets performance standards and provide training to Town staff on system operation and maintenance

D. Provide construction management services and represent the Town’s interests to ensure project completion on time and within budget

E. Collaborate with the Town Engineering firm Kimley Horn to approve the final design

F. Manage all required permits and inspections throughout various construction phases

G. Ensure adherence to all safety protocols and industry best practices throughout construction

H. Provide all final drawings, comprehensive operation and maintenance manuals, equipment warranties, and certifications upon project completion

VII. Cost Allocation

I. Cost milestones to be included in design:

A. Concept development and design drafts B. Development of schematics C. Development of construction documents D. Revisions to designs or schematics following construction estimates E. Hourly rates for collaborating with the Town for approval of design through the design review process

F. Cost of any required engineering studies (e.g., structural, electrical, geotechnical) that may be necessary during design

G. Cost for utility interconnection application II. Costs to be included in construction manager/general contractor (CM/GC) fee:

A. Scheduling, timekeeper, and accounting services provided during construction B. Project executives and other non-project management personnel C. Contractor’s professional liability insurance premiums D. Lodging, travel, or food expense of CM/CG’s staff and employees E. Extra printing required by CM/GC after GMP is established and accepted F. Costs associated with corrective work, during construction or within warranty G. Equipment maintenance costs for Contractor owned equipment required for the project H. Other items required to complete the work not specifically mentioned in this RFP

III. Costs to be included in general conditions/general requirements:

For the proposal each firm shall develop a line-item general conditions/general requirements cost showing items, quantities, units, hourly rates, unit costs and extended costs for those items deemed necessary to construct the project. The unit costs shall be used if adjustments or changes are required to the general conditions costs when GMP #1 is submitted. The general conditions will become a single line item in the GMP schedule of values.

A. General Superintendent B. Project Superintendent C. Project Manager D. Project Engineer and E. Project Coordinator/Administrator F. Expenses incurred in accordance with Construction manager's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel from distant locations.

G. Costs for layout H. Maintaining access to and protection of existing structures.

I. Construction sign and on-site construction signage J. Security costs K. Assistance in start-up and owner orientation for building systems L. Preparation and issuance to the Town, record drawings for use by the Design

Team to complete final record drawings M. Preparation and issuance to the Town required operating and maintenance manuals.

N. Temporary utilities (power, water) required for construction O. Waste management and disposal costs P. Site safety management and compliance

IV. Costs to be included in the work

Costs included in this category include: labor, materials, tools, equipment. Other categories to consider if relevant: delivery, handling and storage expenses, and supplier and subcontractor mark-ups for management, overhead and profit.

V. Costs for insurance and permits

At the time the final GMP is prepared, final costs for contractor performance and insurance premiums will be prepared by the Contractor and identified separately as line items apart from general conditions, fee and the other costs of the work.

VIII. Project Technical Requirement:

I. Solar Photovoltaic (PV) System:

A. The solar PV system should be mounted on the roof of the Public Works building B. Proposers must detail panel type, inverter technology, and racking system, justifying their selection based on performance in cold climates and snow shedding characteristics C. Minimum degradation rate warranty for PV modules D. Specify array layout and estimated annual energy production (kWh/year) E. Proposed kW generation capacity is 115 kW DC F. The solar PV designer should confirm that the existing building structure has adequate capacity to support additional PV loads at the roof level

II. Battery Energy Storage System:

A. Capacity goal is 240 kWh B. The proposer must specify battery chemistry, usable capacity (kWh), power rating (kW), and expected cycle life C. Location preference is inside the building. The secondary location option is outside the

Public Works building on the parcel will require a temperature management system designed for a cold weather climate.

D. Detail ventilation and fire suppression for battery safety E. Compliance with UL 9540 (Standard for Energy Storage Systems and Equipment) and other relevant safety standards F. Describe the proposed battery management system functionalities and safety mechanisms

III. Microgrid Control System:

A. The microgrid control system shall enable seamless islanding and re-synchronization with the grid

B. Provide real-time monitoring of energy generation, consumption, and battery state of charge, along with remote monitoring and control capabilities for crucial system data

C. Incorporate predictive analytics to optimize energy management based on weather forecasts, load profiles, and electricity pricing

D. Describe the user interface and reporting capabilities

E. The microgrid controller must provide access control, account management, and time-stamped event logging. Communication between the microgrid controller and field control points will be secured and controlled.

IV. Interconnection Equipment:

A. Specify the grid-tie inverters, transfer switches, protective relays, and other equipment required for safe and compliant interconnection with Mountain Parks Electric.

B. Specifically, the type of inverters and their capabilities to support resilience C. Ensure compliance with Mountain Parks Electric's interconnection standards

V. Ancillary Equipment:

A. Necessary electrical infrastructure upgrades (e.g., switchgear, panels, wiring) to support microgrid components

B. Determine the structural enhancements required for snow loads C. Address fire suppression needs

VI. Performance Metrics & Operational Modes:

A. The microgrid will be designed to power critical loads of the Public Works facility during a grid outage. Proposers must define critical loads and provide supporting calculations.

B. The target annual energy offset from solar PV generation should cover 70% or more of the Public Works facility's current annual consumption

○ A general concept based on preliminary analysis is 155,908 KW/yr annual generation target. This concept is amenable to edits.

C. The system must support:

○ Grid-connected mode: normal operation, potentially including load shifting or peak shaving using the BESS

○ Islanded mode: autonomous operation during grid outages, powered by solar PV and BESS

○ Seamless transition between modes including a black start capability from island mode if required D. Propose expected round-trip efficiency for the BESS and overall microgrid system E. The system should offer accessible data on solar PV generation, battery charge/discharge, overall energy consumption, operational mode, and fault conditions.

Proposer must describe the potential monitoring platform and reporting capabilities.

VII. Cybersecurity:

A. Firms should describe the cybersecurity measures proposed for the microgrid control system and any other networked components to protect against unauthorized access and cyber threats.

IX. Public Works Facility Information:

● Annual generation: 155,908 KWh/yr

● Solar location: Rooftop

● Square footage: 24,905 Square Feet

● Electric Utility: Mountain Parks Electric Inc.

● Estimated Annual Utility Cost Savings: Minimum of $13,600

● Estimated Avoided GHG Emissions: Minimum of 111 metric tons of carbon dioxide equivalent per year.

The Public Works building spanning 24,905 square feet also includes surrounding areas vital for vehicle storage and staging and operational needs. The Public Works location is in between Downtown Winter Park and Winter Park Resort easing the deployment of critical services. The microgrid will service the Public Works building with solar panels on the roof and battery storage either inside the building or on the parcel. The nature of the location provides a strong foundation to integrate a resilient microgrid system. Please reference Figure A. which describes the criteria for the Public Works building.

Figure A. Public Works Building Components

X. Proposal Requirements Please include the following in your firm’s proposal:

I. Project Approach A. Design: Describe your proposed design approach and methods. Include plans to address snow shed needs and coordinate with the Town Engineers. Provide preliminary system sizing (i.e., kWh of battery storage, kW of solar PV) based on the stated generation target.

B. Construction: Discuss your proposed construction approach and methods, including a comprehensive plan for minimizing disruption to Public Works operations during construction.

II. Project Timeline: Provide a clear timeline with major milestones demonstrating your firm’s capability to meet the November 30th completion deadline

III. Cost Breakdown:

A. Design costs B. Build: Construction costs, materials, equipment and labor C. ROI projection and calculations D. Administration labor/costs and equipment E. Fee structure F. Contingency G. Proposed payment schedule tied to milestones

IV. Previous work: Submit examples of microgrid projects, specifically discussing design-build solar and battery storage projects. Include experience of project team members and relevant qualifications. Highlight any experience in cold weather climates or with snow shedding solutions.

V. General Qualifications:

A. Describe relevant experience of a design build solar and storage microgrid projects B. Discuss your approach to a design build project C. Indicate the current capacity of your firm to complete the proposed project D. Demonstrate technical expertise in power systems, solar PV design and installation, battery energy storage systems and renewable energy integration E. Outline a general fee structure for the proposed project team and equipment F. Affirm if your firm can meet Town’s standard insurance requirements as defined in the form of CM/GC agreement attached G. Describe your approach to navigating local, state, and utility permitting processes and describe all the necessary approvals H. Explain how your proposal meets Winter Park’s sustainability and community goals

Please note that the proposal has a 10 page limit. Appendices do not count toward the page limit.

Please break out the following costs in the proposal:

● Construction Labor

● Materials

● Administration Labor/Costs and Equipment

Proposers may include up to 15 additional pages of appendices for items such as:

● Resumes of key personnel

● Projects with reference contact information

● Product datasheets for proposed equipment

● Certifications and licenses

● Detailed project schedules

● Preliminary solar PV production modeling

● Battery energy storage system discharge curves and performance characteristics

Deadline:

Please submit proposals by August 22nd at 11am MDT. Questions are due via email to mdorris@wpgov.com by August 15th and responses will be returned by August 19th.

XI. Selection Criteria

Selection Criteria Point Value

RFP completion level assessing: clarity, organization, and meeting all response criteria

10 points

Project approach: clear direction to completing the scope of work

20 points

Technical Expertise: Firm experience and qualifications, 20 points

Price 50 points

Total Points 100 points

XII. Contract and Payment Terms The successful Proposer will be required to execute a cm/gc contract with the Town of Winter Park. A sample of this contract is attached. Payments will be made on a monthly basis, tied to project completion phases and acceptance by the Town.

mailto:mdorris@wpgov.com

CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR AGREEMENT

(COST PLUS FEE WITH A GUARANTEED MAXIMUM PRICE)

THIS AGREEMENT is made and entered into this ___ day of __________, ______, by and between the Town of Winter Park (hereinafter referred to as the “Owner” or “Town”) and, ________________ (hereinafter referred to as the “Contractor” or “CM/GC”) a corporation / limited liability company /partnership [CHOOSE ONE and delete the others] organized pursuant to the laws of the state of _______________________________, for construction management and general contractor services in connection with the following described Project:

[NAME OF PROJECT]

[BRIEF DESCRIPTION OF PROJECT]

[LOCATION OF PROJECT]

In addition to the following, the Parties agree that, in any section in which the CM/GC prepares any document for “the approval of the Owner,” such approval does not mean that Owner is responsible for the accuracy, thoroughness, or judgment contained in the document. Owner does not waive the right to hold the CM/GC responsible for the accuracy, thoroughness, or judgment expressed in the document, as it is expressly agreed by the Parties that the Owner is relying on the expertise of the CM/GC.

In consideration of the mutual covenants and provisions contained herein, the parties agree as follows:

ARTICLE I - Basic Understandings

1.1. General Relationship of CM/GC to Owner and Consultant: The CM/GC accepts the relationship of trust and confidence established with the Owner by this Construction Contract. The CM/GC shall work with the Owner and the Consultant from the beginning of design through the completion of construction as set forth more specifically in Consultant’s proposal response dated [INSERT DATE OF RFP], consisting of [INSERT #] pages, attached hereto and incorporated herein as Exhibit 1. Contractor covenants with the Owner to furnish its best skill and judgment and to cooperate with the Consultant in furthering the interests of the Owner. Contractor agrees to furnish efficient project administration and superintendence and to use his best efforts to perform the Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the Owner.

1.2 General Conditions. For the Construction Phase, the General Conditions shall be as attached hereto and incorporated herein by this reference (the “General Conditions”). For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases proceed concurrently, the General Conditions shall apply to the Preconstruction Phase only as specifically provided in this Construction Contract. In the event of a conflict between any provision of this Construction Contract and the General Conditions the provision which is more advantageous to and protective of the Owner’s interest shall apply. The term “Consultant” as it is used in the General Conditions and other Contract Documents shall mean the outside project manager to be engaged by the Town by separate contract, known as the “Project Management Agreement.”

1.3 Contract Documents: The provisions of the General Conditions, and all Contract Documents for the Project as that term is defined therein, are incorporated by this reference into this Construction Contract, to the extent those documents and their provisions are not in conflict with specific provisions herein.

1.4 Extent of Construction Contract: This Construction Contract represents the entire agreement between the Owner and the CM/GC and supersedes all prior negotiations, representations or agreements. When plans and specifications are complete, they shall be identified as part of the Contract Documents. This Construction Contract shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument executed by both the Owner and the CM/GC. Nothing contained herein shall be deemed to create any contractual relationship between the CM/GC and the Consultant, nor shall anything contained herein be deemed to give any third party any claim or right of action against the Owner or the CM/GC which does not otherwise exist without regard to this Construction Contract.

ARTICLE 2 - CM/GC Services

The CM/GC's services under this Construction Contract shall consist of the three phases described below. The services to be provided under Paragraphs 2.1 and 2.2 constitute the Preconstruction Phase Services. If the Owner and the CM/GC agree, after consultation with the Consultant, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently.

2.1 Design Phase. During the design phase of this Project, the CM/GC will:

2.1.1 Consultation During Project Development - Attend regularly scheduled meetings with the Consultant during the development of conceptual and preliminary design to advise on site use and improvements, selection of materials, building systems and equipment. Provide recommendations on construction feasibility, availability of materials and labor, time requirements for installation and construction and factors related to cost including costs of alternative designs or materials, preliminary budgets and possible economies.

2.1.2 Scheduling - Develop a Project Time Schedule for the completed design and construction of the Project. Update the Project Time Schedule prior to the commencement of construction incorporating a detailed schedule for the construction operations of the Project, including realistic activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples and delivery of products requiring long lead-time procurement.

Include the Owner's occupancy requirements showing, as applicable, portions of the Project having occupancy priority.

2.1.3 Project Construction Budget - Review the Owner's established budget for the Project as soon as major program requirements have been identified, and recommend updates to the budget periodically for the Owner's approval. Prepare an estimate based on a quantity survey of drawings and specifications at the end of the Schematic Design Phase for approval by the Owner as the Project Construction Budget. Update and refine this estimate for Owner's approval as the development of drawings and specifications for the Projects proceeds. Advise the Owner and Consultant of any concerns with the Project Construction Budget.

2.1.4 Value Engineering - Provide technical review and analysis of systems, materials, and construction methods being considered in the design to produce the greatest value for the least cost.

2.1.5 Coordination of Contract Documents - Review the drawings and specifications as they are being prepared, recommending alternative solutions whenever design details affect construction feasibility or schedules without, however, assuming any of the Consultant's customary responsibilities for design.

2.1.6 Construction Planning - Recommend for purchase and expedite the procurement of long-lead items to ensure their delivery by the required dates.

2.1.7 Division of Work - Make recommendations to the Owner and the Consultant regarding the division of the Work in the plans and specifications to facilitate the bidding and awarding of subcontracts and to allow for phased construction, taking into consideration such factors as time of performance, pricing and availability of labor and materials, overlapping trade jurisdictions, provisions for temporary facilities and similar matters.

2.1.8 Construction Document Review - Perform final review of plans and specifications with the Consultant and Owner to eliminate potential areas of conflict, misunderstanding, or misinterpretation and to assure proper coordination, accuracy and completeness.

2.1.9 Labor - Identify the types, quantity and availability of appropriate categories of labor required for various phases of the Project.

2.1.10 Bidding - Prepare pre-qualification criteria for bidders and develop subcontractor interest in the Project. As working drawings and specifications are completed, establish bidding schedules and conduct pre-bid conferences to familiarize bidders with bidding documents, management techniques and any special systems, materials or methods. Receive competitive bids on the Work from various subcontractors, pursuant to bidding procedures acceptable to the Owner.

Analyze and review all bids with the Owner and Consultant. Award and execute subcontracts reasonably acceptable to the Owner.

2.1.11 Conferences - Conduct pre-construction conferences with successful subcontractors.

2.1.12 Equal Employment Opportunity - Determine applicable requirements for equal employment opportunity programs for inclusion in Project bidding documents.

2.2 Guaranteed Maximum Price

2.2.1 Establishment - When the design, plans and specifications are sufficiently complete to make the final cost estimates and prior to awarding any subcontracts, the CM/GC shall propose a Guaranteed Maximum Price (“GMP”), which shall be the cost to the Owner for the Cost of the Work, the General Conditions Costs and the CM/GC's Fees. Such GMP will be guaranteed by the CM/GC, subject only to modification for Changes in the Work and for additional costs arising from delays caused by the Owner or the Consultant.

2.2.2 Unfinished Plans and Specifications - As the drawings and specifications may not be finished at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the drawings and specifications by the Consultant that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order.

2.2.3 Contingency for Unfinished Plans and Specifications - The estimated Cost of the Work shall include the CM/GC’s contingency, a sum established by the CM/GC for the CM/GC’s exclusive use to cover costs arising under Subparagraph 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order.

2.2.4 Basis of GMP - The CM/GC shall include with the GMP proposal a written statement of its basis which shall include:

.1 A list of the Drawing and Specifications, including all addenda thereto and the Conditions of the Construction Contract which were used in preparation of the GMP proposal.

.2 A list of allowances and a statement of their basis.

.3 A list of any clarification and assumptions made by CM/GC in the preparation of the GMP to supplement the information contained in the Drawings and Specifications.

.4 The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the CM/GC’s fee that comprise the GMP.

.5 The Guaranteed Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the Guaranteed Date of Substantial Completion is based.

2.2.5 Review of GMP Proposal - CM/GC shall meet with Owner and Consultant to review the proposed GMP and the written statement of its basis. In the event that the Owner or Consultant discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both.

2.2.6 Unless the Owner accepts the GMP proposal in writing on or before the date specified in the proposal for such acceptance and so notifies the CM/GC, the GMP proposal shall not be effective without written acceptance by the CM/GC.

2.2.7 Prior to the Owner’s acceptance of the CM/GC’s GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work or General Conditions Costs, except as the Owner may specifically authorize in writing.

2.2.8 Upon acceptance by the Owner of the GMP proposal, the GMP and its basis shall be set forth in Amendment No. 1, as set forth in the form attached hereto. The GMP shall be subject to additions and deductions by a change in the Work as provided in the Contract Documents, and the date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents.

2.2.9 The Owner shall authorize and cause the Consultant to revise the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in Amendment No. 1. Such revised Drawings and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Consultant and CM/GC. The CM/GC shall promptly notify the Consultant and Owner if such revised Drawings and Specifications are inconsistent with the agreed-upon assumptions and clarifications.

2.2.10 Subcontracts – When the CM/GC provides a GMP, the subcontracts will contain the necessary provisions to allow the CM/GC to control the cost and performance of subcontractors’ respective portions of the Work.

2.3 Construction Phase.

2.3.1 Commencement – The Construction Phase shall commence on the earlier of:

.1 the Owner’s acceptance of the CM/GC’s GMP proposal and issuance of a Notice to Proceed, or

.2 the Owner’s first authorization to the CM/GC to:

.a award a subcontract, or .b undertake construction of Work with the CM/GC’s own forces, or .c issue a purchase order for materials or equipment required for the Work.

As part of the CM/GC’s construction services, the CM/GC will:

2.3.2 Project Control - Supervise the Work of the subcontractors and coordinate the Work with the activities and responsibilities of the Owner and Consultant in order to complete the Project in accordance with the Contract Documents and Owner's cost, time and quality objectives.

2.3.3 Staffing - Maintain a competent full-time staff at the Project site to coordinate, monitor, inspect, and provide overall management, supervision, and direction of the Work.

2.3.4 Organization - Establish on-site organization and lines of authority in order to effectively and efficiently carry out the construction of the Project.

2.3.5 Coordination - Establish and implement procedures for coordination among the

Owner, Consultant, CM/GC and CM/GC’s subcontractors with respect to all aspects of the Project.

2.3.6 Scheduling - Schedule and conduct progress meetings at which subcontractors, the Owner, Consultant and the CM/GC can discuss jointly such matters as procedures, progress, problems and scheduling. Provide a detailed schedule for the operations of the CM/GC and subcontractors on the Project, including realistic activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples and delivery of products requiring long lead-time procurement. Include the Owner's occupancy requirements in all schedules showing portions of the Project having occupancy priority, if any.

2.3.7 Monitoring - Provide regular monitoring of the Project Time Schedule as construction progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for work not started or incomplete and recommend to the Owner and subcontractors adjustments in the schedule to meet the Project Time Schedule and Guaranteed Date of Substantial Completion. Provide summary reports of such monitoring activities and, if approved by the Owner, document any changes in the Schedule.

2.3.8 Evaluation - Monitor the adequacy of the subcontractors' personnel and equipment and the availability of materials and supplies to meet the schedule.

2.3.9 Cost Control - Develop and implement an effective system of Project cost control, showing actual costs for activities in progress and estimates for uncompleted tasks. Develop cash flow reports and forecasts as needed.

2.3.10 Change Orders - Develop and implement a system for the expeditious review and processing of Change Orders. Initiate necessary or desirable changes to the Owner and the Consultant, review requests for changes, submit recommendations to the Owner and the Consultant and assist in negotiating Change Orders.

2.3.11 Permits - Secure all necessary permits, licenses and inspections for the proper completion and execution of the Work.

2.3.12 Superintendent - Keep on the Project, during the progress of the work, a competent Superintendent and any necessary assistants, all satisfactory to the Consultant and the Owner, The Superintendent shall not be changed except with the consent of the Owner, unless the Superintendent proves to be unsatisfactory to the CM/GC and ceases to be in his employ. The Superintendent shall represent the CM/GC and all directions given to him shall be as binding as if given to the CM/GC. CM/GC shall be liable to the Owner for the acts or omissions of the Superintendent or his assistants.

2.3.12.1 The CM/GC and its Superintendent shall provide full-time, qualified and efficient supervision of the Work, using their best skill and attention. CM/GC and its Superintendent shall carefully study and compare all drawings, specifications and other instructions and immediately report to the Consultant and the Owner any error, inconsistency or omission which may be discovered. The CM/GC and its Superintendent shall see that the Work is carried out in accordance with the Contract Documents and in a thorough and first-class manner in every respect. CM/GC and its Superintendent shall inspect the Work at all stages and at Final Completion and rigorously guard the Owner against defects and deficiencies in such Work. The CM/GC shall be responsible to the Owner for the acts and omissions of all of CM/GC’s employees and of all subcontractors and employees and all other persons performing any of the Work, for which the CM/GC has supervisory or inspection responsibility hereunder.

2.3.12.2 The CM/GC shall lay out the Work in a manner satisfactory to the Consultant, making permanent records of all lines, levels and marks required for the work, including but not limited to excavation, grading and foundations. The CM/GC shall, together with the Consultant, authorize the commencement and certify the proper completion of the various stages of construction. The CM/GC shall be responsible for construction means, methods, techniques, sequences and procedures and for carrying out the Work in accordance with the Contract Documents.

2.3.13 Safety Measures - Establish procedures and measures for the safety of persons and property at and around the site of the Work, and assure compliance with all federal, state and local statutes, rules, regulations and orders applicable to the conduct of the Work.

2.3.14 Contract Interpretations - Refer all questions relative to interpretation of any plan, drawing, specification, design intent or any other design-related matter to the Consultant consistent with the Contract Documents.

2.3.15 Shop Drawings and Samples - In collaboration with the Consultant, establish and implement procedures for expediting the processing and approval of shop drawings and samples.

2.3.16 Reports and Project Site Documents - Record the daily progress of the Project in a daily log available to the Owner and the Consultant. Submit on a weekly basis written progress reports and summaries of meetings to the Owner and the Consultant, including information on the subcontractors' work and the percentage of completion.

2.3.17 Record Sets - Maintain at the Project site, on a current basis, records of all contracts, shop drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions and any other documents and revisions thereto which arise out of the Construction Contract or the Work. Obtain data from subcontractors and maintain a current set of record drawings, specifications, operating manuals, warranties and guarantees. At the completion of the Project, submit all such documents to the Consultant for delivery to the Owner.

2.3.18 Completion - Determine progress and completion of the Work or designated portions thereof and prepare for the Consultant a list of incomplete or unsatisfactory items together with a schedule for their completion.

2.3.19 Start-Up - With the Owner's maintenance personnel and the Consultant, check out all utilities, operating systems and equipment for readiness and assist in their initial start-up and testing by the subcontractors.

2.3.20 Final Completion - Determine final completion and provide written notice to the

Owner and Consultant that the Work is ready for final inspection. Secure and transmit to the Consultant required guarantees, tax affidavits, certificates, releases, bonds and waivers. Turn over to the Owner all keys and maintenance stocks.

2.4 Additional Services - Additional services shall be performed only upon the express, prior written authorization of the Owner and paid for as provided herein. Additional services shall include the following:

2.4.1 Analysis of Existing Improvements - Services related to investigation, appraisals or valuations of existing conditions, facilities or equipment; or verifying the accuracy of existing drawings or other Owner-furnished information.

2.4.2 Owner-Furnished Equipment - Services related to Owner-furnished equipment, furniture and furnishings which are not a part of the Work.

2.4.3 After Completion - Inspections of and services related to the Project after completion of the services under this Construction Contract, except for deficiencies or defects in the work occurring prior to the expiration of CM/GC’s warranty.

2.4.4 Other - Providing any other service not included in this Construction Contract.

ARTICLE 3 - Owner's Responsibilities

3.1 Information - The Owner shall provide full information regarding its requirements for the Project.

3.2 Owner's Representative - The Owner shall designate a representative who shall be acquainted with the scope of the Work, and, subject to the provisions of Town ordinances, authorized to render decisions and otherwise furnish information.

3.3 Consultant - The Owner shall retain a Consultant to provide supplemental project manager services for the Project. The Consultant's services, duties and responsibilities shall be described in a separate Agreement (the “Project Management Agreement”), a copy of which will be furnished to the CM/GC.

3.4 Professional Services - The Owner shall furnish legal, accounting and insurance counseling services as may be necessary to protect its interests at any time for the Project, and such auditing services as Owner may require.

3.5 Documentation - The CM/GC will be furnished, without charge, all copies of drawings and specifications reasonably necessary for the execution of the Work.

3.6 Defects - If the Owner becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, it shall give prompt written notice thereof to the CM/GC. This provision shall not, however, charge the Owner with any obligation to make inspections and shall in no manner be construed to discharge or modify the CM/GC's obligations to supervise, inspect and to complete the construction of the Project in accordance with the Contract Documents.

3.7 Surveys and Special Testing – Upon CM/GC’s request, the CM/GC shall be entitled to a complete and accurate survey of the building site and the existing grades and lines of streets, pavements and adjoining properties; information as to the rights, restrictions, easements, surface water courses, boundaries and contours of the building site; and full information as to existing sanitary sewer, storm sewer, water, gas and electrical services.

3.8 Owner's Expenses - The services, information, surveys and reports required by Articles 3.3 through 3.5 and 3.7, shall be furnished at the Owner's expense.

ARTICLE 4 - Subcontracts

4.1 Bidding – Except as otherwise authorized in writing by Owner, all work by any subcontractor shall be competitively bid pursuant to procedures acceptable to the Owner.

4.2 Award - The CM/GC shall request and receive proposals from subcontractors and subcontracts will be awarded and contracts executed by the CM/GC after the proposals are reviewed by the CM/GC with the Consultant and Owner. The CM/GC shall be authorized to submit proposals for portions of the Work only with the prior written consent of the Owner.

4.3 Substitution - If the Owner refuses to accept an otherwise qualified subcontractor recommended by the CM/GC, the CM/GC shall recommend an acceptable substitute. The Guaranteed Maximum Price shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued.

4.4 Forms - The form of the subcontract, including the General and Supplementary Conditions applicable thereto, shall conform to the requirements of the Contract Documents and be reasonably satisfactory to the Owner, Consultant and the CM/GC.

ARTICLE 5 - Insurance and Bonds

5.1 Insurance Required of the CM/GC – During all phases of the Project, the CM/GC shall purchase and maintain insurance as set forth in Article 11 of the General Conditions.

5.2 Bonds Required of the CM/GC – During the Construction Phase of the Project, the CM/GC shall purchase and maintain the bonds as set forth in Paragraph 13.5 of the General Conditions.

ARTICLE 6 - Compensation and Payments for Preconstruction Phase Services

6.1 Compensation – For the services described in Paragraphs 2.1 and 2.2, the Owner shall pay the CM/GC a lump sum fee of _____________________________ dollars

6.2 Adjustment – Compensation for Preconstruction Phase services shall be equitably adjusted if such services extend beyond seventy-five (75) days from the date of this Construction Contract or if the originally contemplated scope of services is significantly modified.

6.3 Payments - The CM/GC shall submit invoices to the Owner for services rendered during the preceding month, such invoices to be in such form and detail as shall reasonably be required by the Owner. Reimbursable Expenses shall be itemized. The Owner agrees to pay the CM/GC within thirty (30) days of receipt of properly documented invoices.

ARTICLE 7 - Compensation and Payments for Construction Phase Services

7.1 Determination - In consideration of the performance of the Construction Phase services, the Owner agrees to pay the CM/GC, in addition to the Cost of the Work and General Conditions Costs, a CM/GC Fee as follows:

The CM/GC’s fee shall be _________________% of the Cost of the Work and General Conditions Costs.

7.1.1 Guaranteed Maximum Price – The sum of the Cost of Work, General Conditions Costs, and the CM/GC’s Fee are guaranteed by the CM/GC not to exceed the amount provided in Amendment No. 1, subject to additions and deductions by changes in the Work as provided in the Contract Documents. Costs which would cause the GMP to be exceeded shall be paid by the CM/GC without reimbursement by the Owner.

7.2 Adjustments - Adjustments in CM/GC’s Fee shall be made as follows:

7.2.1 Change in Scope - The CM/GC fee shall be adjusted only for Owner-approved changes which involve a change in the Guaranteed Maximum Price. For any such change, the CM/GC fee shall be paid four and a quarter percent (4.25 %) of the amount of change to the Guaranteed Maximum Price.

7.3 Items Included in Fee - Included in the CM/GC's Fee for the Construction Phase are the following:

7.3.1 Profit - Before tax profit.

7.3.2 Overhead - Off-site costs for general management of the Project including:

7.3.2.1 Salaries or other compensation of the CM/GC's employees at CM/GC’s principal and branch offices, providing support in scheduling the Work, cost estimating, cost accounting, processing payment requests, processing Change Orders, processing shop drawings/samples, etc.

7.3.2.2 General operating expenses of the CM/GC's principal and branch offices other than the field office.

7.3.2.3 Any part of the CM/GC's capital expenses, including interest on the CM/GC's capital employed for the Work.

7.3.2.4 Costs due to the negligence of the CM/GC, any subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to, the correction of defective or nonconforming Work, disposal of materials and equipment wrongly supplied, or making good any damage to property.

7.3.2.5 Costs, overhead or general expenses of any kind, which are not specifically and expressly included in Article 8.

7.3.2.6 Costs in excess of the GMP.

7.4 Incentive Fee - Owner and CM/GC shall share equally in any Cost Savings, as defined below. Owner shall retain 50% of the savings and Owner shall pay 50% of the savings to the CM/GC. The Cost Savings shall be computed when all Work associated with the GMP has been performed and billed to the Owner, and the Owner has completed an audit of all costs charged.

The Cost Savings and CM/GC’s share shall be computed as follows:

GMP as specified in the Construction Contract, adjusted by total amount of approved

Change Orders, Less: Total Cost of the Work plus General Conditions Costs plus CM/GC’s fee, including actual costs for Change Order Work with approved markups, Less: Actual architectural costs incurred by Owner for Change Order Work, Equals: Cost Savings, Times: 50% to CM/GC Equals: CM/GC’s share

ARTICLE 8 - Construction Phase Costs

8.1 Cost of the Work

8.1.1 Definition - The term “Cost of the Work” shall mean those costs necessarily incurred in, and directly attributable to, the proper construction of the Work. Such costs shall be paid by the CM/GC and be at the lowest responsible competitive rates not higher than the standard paid in the locality of the Work except with prior consent of the Owner and shall include the items set forth below in this Paragraph.

8.1.2 Cost of the Work Items Included – In addition to the CM/GC’s fee to be paid pursuant to Article 7, the Owner agrees to pay the CM/GC for the Cost of the Work in accordance with the following schedule of eligible costs:

.1 Wages paid for employees and laborers in the direct employ of the CM/GC for the performance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and CM/GC.

.2 Cost of ordinary employee benefits and taxes incurred in connection with the performance of the Work, such as pension contributions, hospitalization, vacations, medical insurance, assessments or taxes for such items as unemployment compensation and Social Security, insofar…