S2025-1001 Palmer HS Renovation CMGC.pdf

REQUEST FOR PROPOSALS (RFP)

#S2025-1001

PALMER HIGH SCHOOL RENOVATION

CONSTRUCTION MANAGER /

GENERAL CONTRACTOR (CM/GC)

FEES AND GENERAL CONDITIONS

Colorado Springs School District 11

Solicitation Available: September 6, 2024

Offers Due: October 4, 2024, by 2 p.m. MT via Bidnet

The District will post ALL RFP documents on

D11’s website and Bidnet’s Strategic Sourcing Platform.

All Proposals must be submitted through Bidnet at:

https://www.bidnetdirect.com/colorado/colorado-springs-school-district-no-11

Register at Bidnet, in order to propose:

https://www.bidnetdirect.com/public/user-registration

Need Help? Please contact Bidnet directly at support@bidnet.com or 1.800.435-4603 Option 2 for technical questions or issues related to your submission.

Please note, if you have previously registered in Bidnet, it is not necessary to register again.

POINT OF CONTACT:

Jocelyn Kupferman, Contracting Officer

5240 Geiger Boulevard Colorado Springs, CO 80915

Phone: (719) 477-6046 Email: jocelyn.kupferman@d11.org

S2025-1001 Colorado Springs School District 11 https://www.bidnetdirect.com/colorado/colorado-springs-school-district-no-11 https://www.bidnetdirect.com/public/user-registration mailto:support@bidnet.com mailto:jocelyn.kupferman@d11.org

SOLICITATION AND AWARD COVER PAGE

1. Contract Number: 2. Solicitation Number:

S2025-1001

3. Type of Solicitation:

Negotiated (RFP)

4. Date Issued:

September 6, 2024

5. Issued by:

Jocelyn Kupferman, Contracting Officer Colorado Springs School District 11 5240 Geiger Blvd.

Colorado Springs, CO 80915 Phone Number: 719-477-6046 Email:

jocelyn.kupferman@d11.org

6. Brief Description of Requirements:

The District is requesting a Fee and General Conditions proposal from Construction Manager/General Contractor Firms for the renovation of Palmer High School.

The District will post ALL RFP documents on D11’s website and Bidnet’s Strategic Sourcing Platform.

All Proposals must be submitted through Bidnet at:

https://www.bidnetdirect.com/colorado/colorado-springs-school-district-no-11

7. Project Name: Palmer High School Renovation - CM/GC Fee and General Conditions

8. TABLE OF CONTENTS FOR SOLICITATION

Section A- Solicitation /Schedule Section F - Pricing and Cost Offer Sheet Section B - Scope of Work Section G - Representations & Certifications Section C -Terms and Conditions, General Section H - Attachments Section D - Terms and Conditions, Project Specific Section I - Proposal Instruction and Submission Requirements Section E - Contract Administration Section J - Evaluation Criteria

9. District Tax Numbers: Federal Employee Identification # : 84-6001179 State of Colorado Tax Exemption #: 98-02922-0000

OFFEROR TO COMPLETE BLOCKS #10 THROUGH #18.

10. Acknowledge receipt of Amendments to RFP by initialing following spaces > #01 #02 #03 #04 #05 #06

11. Name of Contractor: 15. Email of Signature Authority:

12. Street Address of Contractor: 16. Signature of Authority:

13. City/State/Zip: 17. Printed Name of Authority:

14. Phone Number of Signature Authority: 18. Date Signed:

AWARD INFORMATION (to be filled in by District Contracting Officer)

19. Items accepted: 20. Amount (s):

21. Period of Performance: 22. Option Years:

23. Accounting/Appropriations: 24. Printed name of Contracting Officer:

Jocelyn Kupferman

25. Award Date: 26. Contra/cting Officer Signature:

S2025-1001 Colorado Springs School District 11 mailto:jocelyn.kupferman@d11.org

SOLICITATION AND AWARD COVER PAGE

A. SECTION A - SOLICITATION SCHEDULE

B. SECTION B - SCOPE OF WORK

C. SECTION C - GENERAL TERMS AND CONDITIONS

D. SECTION D - PROJECT SPECIFIC TERMS AND CONDITIONS

E. SECTION E - CONTRACT ADMINISTRATION

F. SECTION F - OFFEROR'S PRICING SHEET

G. SECTION G-- REPRESENTATIONSAND CERTIFICATIONS

H. SECTION H - ATTACHMENTS & OTHER SUPPORTING DOCUMENTS

I. SECTION I - PROPOSAL INSTRUCTIONS TO OFFERORS

J. SECTION J - EVALUATION CRITERIA AND AWARD

S2025-1001 Colorado Springs School District 11

A. SECTION A - SOLICITATION SCHEDULE

A.1 PRE-PROPOSAL CONFERENCE

This solicitation will include a MANDATORY Pre-Proposal Conference/Site Visit:

DATE:

TIME:

Wednesday, September 18, 2024 3:30 pm, Mountain Time

PLACE: Palmer High School, 301 N. Nevada Ave. 80903

The purpose of this meeting is for project familiarization and question formulation. The District will not accept Offers from Contractors who do not attend this pre-proposal conference/site visit.

A.2 SOLICITATION SCHEDULE

These dates and times are all approximate and subject to change.

EVENT PROJECTED

DATE

COMMENTS

Solicitation Issue Date 9/6/2024 In Bidnet Pre-proposal Conference 9/18/2024 3:30 pm at Palmer HS

Questions/Clarifications Due Date 9/20/2024 By Noon MT in Bidnet

District Responses to Questions/Clarifications via an Addendum

9/28/2024 In Bidnet

Offers Due 10/4/2024 By 2pm MT in Bidnet

Evaluation of Proposals 10/8/2024

Notification of advancement to Interviews

10/9/2024 Via email

Interviews 10/16 & 17, SAVE THE DATE

Anticipated Notification of Award 10/18/2024 Via email Anticipated Construction GMP Contract to District Board of Education (BOE) for approval

October 2025

A.3 TERM OF AGREEMENT

A.3.1 The performance period for this contract will commence on date of Notice to Proceed and will continue in effect until substantial completion, on or before November 30, 2027, at which time all work shall be substantially complete with specific target deadlines as outlined in the Scope of Work. Completion time as specified in the contract shall be considered a material part of the contract. Contractor must fully complete the project by February 29, 2024.

The Contractor shall be responsible for any damage due to delay or for failure to complete it within the time prescribed as specified in the Default clause of the contract. Consideration for extensions of time may be provided for extenuating circumstances that cause delay and are beyond the control of both the Contractor and its subcontractors, as specified in the Excusable Delays clause of this contract. Such extensions will be agreed to in writing, via a contract modification. Note special conditions in Work Stopped or Delayed clause of this

RFP.

A.3.2 Any financial commitment of the District arising out of this Contract is subject to annual appropriation by the Board of Education. The District Board of Education must approve all construction contracts that total over $1 million dollars($1,000,000).

B.1 GENERAL

The following is presented to describe the general expected vendor performance requirements. Offerors must submit how and when they are capable of supplying the required products and services and completing the work within the required time.

Offerors are free to suggest other product(s) brands and models, work service procedures, or project approaches, designs, or exceptions to this general scope of work.

Those exceptions must be clearly (bold, underlined, etc.) indicated in your offer. If an Offeror cannot perform as described or takes exception to any element, those exceptions must be fully described in their Offer and an alternate plan or approach presented. Award will not be based on price alone.

B.1.1 The apparent silence of any scope of work / specification(s) and anysupplemental amendment specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only new materials rated as of high quality and correct type, size and design are to be used in construction. Should the District omit anything from this proposal which is necessary to a clear understanding of the work performance, or should it appear that various instructions are in conflict, then the Offeror shall secure written instructions from the listed Contract Officer. The solicitation amendments shall be acknowledged and returned with their offer. Clarifications may be submitted in Bidnet. The issuance of this proposal document does not constitute an obligation against the District. This solicitation document is requesting offers from responsible/capable vendors who desire to sell to the District the goods, wares, merchandise, and/or services at a fixed price. Subsequent encumbrance purchase order document(s) and the Contract document will be issued by the Procurement & Contracting Department warranted to obligate District funds.

B.2 BACKGROUND

Colorado Springs School District 11 serves over 22,000 students and employs approximately 3,600 full and part-time employees, both instructional and operational. The District has thirty-four elementary schools, ten middle schools (grades 6-8), four traditional high schools, one consolidated alternative/early colleges/vocational campus, one satellite alternative ed campus, and six District-authorized charter schools in their portfolio.

This project is to renovate as designed Culinary and other spaces at Coronado HS, Roy J Wasson Academic Campus and Mitchell HS Contractor to provide all necessary labor, materials, and equipment to perform the work as drawn and specified.

B.3 Technical/Functional/Performance Requirements

The selected Contractor will provide all labor and material to provide leadership, management, coordination, labor, and clerical services necessary to efficiently and effectively guide the construction team through the construction project.

Provide a detailed schedule for the operations of the contractor and subcontractors on the project, including realistic activity sequences and duration, processing of shop drawings and samples and delivery of products requiring long lead- time procurement, as well as Owner provided activities.

Supervise the Work of the construction subcontractors and coordinate the Work with the activities and responsibilities of the Owner and Architect in order to complete the Project in accordance with the District's objectives of cost, time and quality.

Schedule and conduct progress meetings at which subcontractors, the Owner, Architect, CM/GC and other team members as assigned can discuss such matters as procedures, progress, problems and scheduling.

Provide regular monitoring of the schedule as construction progresses. Identify potential variances between scheduled and probable completion dates.

Keep available, at all times, during the progress of the work, a competent superintendent and any necessary assistants.

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

Refer all questions relative to interpretation of design intent to the Owner.

Establish and implement procedures for expediting the processing and approval of shop drawings and samples.

Maintain at the Project site, on a current basis, records of all necessary contracts, shop drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions and any other documents pertaining to the project.

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 Architect for delivery to the Owner.

With the Owner's maintenance personnel and the Architect, direct the checkout of utilities, operating systems and equipment for readiness and assist in their initial start-up and testing by the subcontractors.

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

During the one-year warranty period at no additional cost to the Owner, perform warranty inspections and ensure that Work which proves defective or deficient during such time is corrected either by the subcontractors or such other means as shall be required.

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

B.3.1 Specifications

Contractor to review the District’s website and prepare their proposal in accordance with the District’s Design and Construction Standards:

https://www.d11.org/Page/8270

B.3.2 Reporting Requirements Contractor will report progress and how their efforts are matching project schedule. Contractor will also prepare progress meeting minutes and distribute to District and other meeting attendees.

B.3.3 Training Requirements

Contractor will train District staff on proper use and maintenance of new equipment.

B.3.4 Value Added Items Contractors are welcome to include descriptions and supporting information in their proposal packages, regarding any approach or materials they feel can add value to the project (or decrease costs, project time/schedule and/or difficulty). Alternative proposal pricing may be submitted by copying the Pricing Schedule, Section F and submitting multiple times for multiple unique approaches.

B.3.5 Performance Time and Schedule

The designated period of performance will be (insert date) for substantial completion. Contractor must fully complete project (including resolving any punch list items) by (insert date)

B.3.6 Material Submittals

Contractor must provide product information for Project Manager Approval, prior to ordering materials.

B.3.7 Warranty of Construction

Contractor to warrant all work and materials for a minimum of one (1) year from project completion.

Contractors must also propose based on Warranty information in Section C.24.

S2025-1001 Colorado Springs School District 11 https://www.d11.org/Page/8270

B.3.8 Substantial Completion The District defines Substantial Completion for this project as all spaces are ready to be occupied in their full capacity.

B.3.9 Schedule

Contractor will propose their project approach and schedule as part of their proposal submittal.

District and Contractor will finalize schedule as part of pre-construction kick-off discussions. The schedule will start and end within the period of performance identified in section A.3.1 and B.3.6 of this document.

ARTICLE I

The Construction Team and Extent of Agreement

The CM/GC accepts the relationship of trust and confidence established with the District/Owner by this Agreement. He covenants with the District to furnish his best skill and judgment and to cooperate with the Architect in furthering the interests of the Owner.

He agrees to furnish efficient business administration and superintendence and to use his best efforts to perform the Work in the best and most sound way and in the most expeditious and economical manner consistent with the interests of the Owner.

1.1 The Construction Team: The CM/GC, the Owner and the Architect and their sub-contractors and sub-consultants, collectively referred to as the "Construction Team", shall work from the beginning of design through construction completion. The CM/GC shall provide professional advice to the Construction Team on all matters relating to construction.

1.2 Extent of Agreement: This Agreement 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 Agreement 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 Architect, nor shall anything contained herein be deemed to give any third party any claim or right of action against the Owner, Architect or the CM/GC that does not otherwise exist without regard to this Agreement.

1.3 Contract Documents: The provisions of the General Conditions and all of the "Contract Documents" for the Project as that term is defined herein are incorporated by this reference into this CM/GC agreement.

ARTICLE 2

CM/GC Services The CM/GC's basic services under this Agreement shall consist several phases.

These phases (some overlapping) consist of Schematic Design, Design Development, Construction Documents, Bidding, Construction and Post Construction.

2.1 Design Phase. As part of the Design Phase services, the CM/GC will provide:

2.1.1 Consultation During Project Development - Attend regularly scheduled meetings with the Architect and/or District Owner/Personnel and other team members assigned, 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.

The CM/GC and its major subcontractors (mechanical, electrical and architectural) shall further participate in the design process; provide advice regarding use, availability and cost of mechanical, electrical and architectural systems, techniques and materials; provide cost estimating services and cost control for the project; accomplish bidding services which shall be monitored by District personnel; provide and install labor, materials, systems, management and leadership necessary to coordinate the construction team and accomplish the construction of the project.

2.1.2 Scheduling - Develop a Project Time Schedule that coordinates and integrates the Architect's design efforts with construction schedules. Update the Project Time Schedule 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.

2.1.3 Project Construction Budgeting - Review the Owner's established Project budget as soon as major program requirements have been identified. 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 the drawings and specifications proceeds. Advise the Owner and the Architect if it appears that the Project Construction Budget will not be met and, in that event, make recommendations for corrective action.

2.1.4 Value Engineering - Provide technical review and analysis of systems and materials being considered in the design to produce the greatest value while providing the same function at the lowest 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 Architect'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 Architect 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, availability of labor, overlapping trade jurisdictions, provisions for temporary facilities and other matters.

2.1.8 Construction Document Review - Perform continuous review of plans and specifications with the Architect, Owner and any other assigned team members, to eliminate areas of conflict, misinterpretation or new discovery to assure proper coordination, accuracy and completeness.

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

2.1.1O 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 all bids, review them with the Owner and Architect. Upon Owner approval award subcontracts.

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.

2.1.13 Omitted on Purpose

2.1.14 Design Development Phase

a. Omitted on Purpose.

b. Develop and provide a design development phase cost estimate, in CSI format including quantities and unit costs, with sufficient accuracy necessary to base design decisions upon. Identify contractor contingencies and provide recommendations for owner contingencies.

2.1.15 Construction Documents Phase

a. The CM/GC and its major subcontractors (mechanical, electrical and architectural) shall participate in the design process during the construction document phase.

b. Provide advice regarding systems, materials and techniques. Cooperate with the architect and the District's project manager in the process of developing alternative plans, designs, systems and techniques with the goal of ensuring that the project budget is not exceeded.

c. Cooperate with the architect and the District's project manager in the process of developing procedures and techniques and choice of materials with the goal of ensuring that the construction phase is accomplished within the schedule.

d. Meet with the District's project manager, the architect, the principal, and the BDAC appropriate intervals necessary for the CM/GC to participate in the design process.

e. Provide continuous updates to the DD cost estimate, in CSI format including quantities and unit costs, with sufficient accuracy to base design decisions upon, as Construction Documents are developed. Identify contractor contingencies and provide recommendations for owner contingencies.

f. Review construction documents (drawings and specifications) provided bythe architect and provide advice regarding systems material, design and techniques.

Identify contractor contingencies and provide recommendations for owner contingencies.

2.1.16 Bidding Phase

a. Coordinate construction documents and bidding procedures with the owner's procurement department. Solicitation, addenda, bidding and awardprocedures will be accomplished by the CM/GC contractor, monitored by District personnel and they shall be in accordance with the standards of the District's purchasing department and in accordance with the regulations of the State of Colorado for procurement by public agencies.

b. Develop bid packages in cooperation with the District's Contract Officer, project manager and the architect.

c. Develop a list of invited bidders in cooperation with the District’s Contract Officer, project manager and architect.

d. Participate in the pre-bid conference.

e. Provide advice and consultation regarding addenda items.

f. Cooperate with the architect in the process of reviewing and requests for substitutions and provide recommendations regarding same.

g. Solicit and receive bids and thoroughly document the process.

h. Accomplish bid evaluation and provide advice regarding awards.

i. Put together the Guaranteed Maximum Price contract offer, detailing all costs and allowances.

j. Enter into contracts with subcontractors which will result in accomplishing the entire construction project

2.2 Construction Phase. Apart of the Construction Phase services, the CM/GC will provide:

2.2.1 Project Control - Supervise the Work of the construction subcontractors and coordinate the Work with the activities and responsibilities of the Owner and Architect in order to complete the Project in accordance with the Owner's objectives of cost, time and quality.

2.2.2 Staffing - Maintain a competent full-time staff at the Project site to coordinate, provide overall direction of the Work, and monitor progress of the subcontractors on the project.

2.2.3 Organization - Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team.

2.2.4 Coordination - Establish and implement procedures for coordination among the Owner, Architect, subcontractors and the CM/GC with respect to all aspects of the Project.

2.2.5 Scheduling - Schedule and conduct progress meetings at which subcontractors, the Owner, Architect, CM/GC and other team members as assigned can discuss 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 duration, 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.

2.2.6 Monitoring - Provide regular monitoring of the 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 scheduled completion date.

Provide summary reports of such monitoring activities and document all changes in the schedule.

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

2.2.8 Cost Control - Develop and implement an effective system of Project cost control, showing actual costs for activities in process and estimates for uncompleted tasks.

Revise and refine the initially approved Project Construction Budget, incorporate approved changes as they occur and develop cash flow reports and forecasts as needed.

2.2.9 Change Orders - Identify a system for the expeditious review and processing of subcontractor Change Orders. Initiate necessary or desirable changes to the Owner and the Architect, review requests for changes, submit recommendations to the Owner and the Architect and assist in negotiating Change Orders.

2.2.1O Permits - Secure, with the exception of State general building permit, all necessary permits, licenses and inspections for the proper completion and execution of the Work.

2.2.11 Owner's Consultants Selection Assistance - If requested, assist the Owner in selecting, retaining and coordinating professional services of a surveyor, testing laboratories and any special consultants.

2.2.12 Superintendent- Keep available, at all times, during the progress of the pre-construction work, a competent superintendent and any necessary assistants, all satisfactory to 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 in his absence and all directions given to him shall be as binding as if given to the CM/GC. The Architect and the Owner shall not be responsible for the acts or omissions of the superintendent or his assistants.

2.2.12.1 The Superintendent shall provide full-time, qualified and efficient coordination of the Work, using his best skill and attention. He/She shall carefully study and compare all drawings, specifications and other instructions and immediately report to the Architect and the Owner any error, inconsistency or omission which may be discovered. Superintendent shall inspect the work of the subcontractors at all stages and at final completion and 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 his employees and of all subcontractors, their agents and employees and all other persons performing any of the Work, for which the CM/GC has supervisory or inspection responsibility hereunder.

2.2.12.2 The superintendent shall see that the construction work is carried out in accordance with the Contract Documents and in a thorough and professional manner in every respect. The CM/GC's superintendent shall establish all lines, levels and marks necessary to facilitate the operations of all concerned in subcontract work. He shall lay out the Work in a manner satisfactory to the Architect, making permanent records of all lines and levels required for excavation, grading and foundations and for all other portions of the Work. He shall, together with the Architect, 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.

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

2.2.14 Contract Interpretations - Refer all questions relative to interpretation of design intent to the Owner.

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

2.2.16 Reports and Project Site Documents - Record the daily progress of the

Project in a daily log available to the Owner and the Architect. Submit on a weekly basis written progress reports and summaries of meetings to the Owner and the Architect, including information on the subcontractors' work and the percentage of completion. Other information and the format of the report must be as directed and approved by the Project Manager.

2.2.17 Record Sets - Maintain at the Project site, on a current basis, records of all necessary 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 Agreement 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 Architect for delivery to the Owner.

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

2.2.19 Start-Up - With the Owner's maintenance personnel and the Architect, direct the checkout of utilities, operating systems and equipment for readiness and assist in their initial start-up and testing by the subcontractors.

2.2.20 Final Completion - Determine final completion and provide written notice to the Owner and Architect that the Work is ready for final inspection. Secure and transmit to the Owner required guarantees, tax affidavits, certificates, releases, bonds and waivers.

Tum over to the Owner all keys and maintenance stocks.

2.2.21 Warranty - During the one-year warranty period at no additional cost to the

Owner, perform warranty inspections and ensure that Work which proves defective or deficient during such time is corrected either by the subcontractors or such other means as shall be required.

2.2.22 SpecificTasks

a. Provide leadership, management, coordination, labor, and clerical services necessary to efficiently and effectively guide the construction team through the construction project.

b. Provide professional construction project management services necessary to achieve efficient and effective implementation of the project and to minimize requests for change orders.

c. Develop a Project Schedule which includes every item of work in the project.

d. Develop a Project Work Plan, which includes every item of work in the project.

The project plans and specifications indicate what work will be accomplished and where the work will be done. The project schedule shall indicate when the work will be accomplished. The Project Work Plan shall indicate how the work will be accomplished and who will accomplish it.

e. Coordinate and integrate the Project Work Plan with the Project Schedule.

f. Implement the Project Work Plan.

g. Coordinate and manage the project submittals. Review and provide recommendations regarding all submittals. Forward to the District, throughthe architect, all submittals along with appropriate recommendations. Develop and manage a Schedule of Submittals. Update the Schedule of Submittals as the project progresses.

h. Lead the weekly progress meetings, which shall include the CMGC's superintendent, District’s project manager, the architect, the District's quality assurance evaluators, the major subcontractors, and may include representative(s) from the school. Provide updated project schedules and updated submittals schedule for each meeting. Provide and distribute to the attendees, written minutes of each progress meeting.

i. Coordinate all construction phase services with the District's project manager and the District's quality assurance evaluators to eliminate duplications of effort and minimize construction phase costs for the District.

j. Develop and provide to the District, through the architect, written Requests for Information when appropriate and when additional direction is required from the architect and/or the District.

k. Review all requests for change orders and verify their validity. Forwardto the District, through the architect, only those requests for change order that the CMGC deems to be valid.

I. Provide continuous supervision of the work wherever and whenever it occurs. Continuously provide for job site safety. Manage the subcontractors and all workmen on the project. Maintain discipline and management of subcontractors at all times.

m. Provide for continuous quality control throughout the entire project. Develop a List of Deficiencies (punch list) prior to each progress meeting. Update the List of Deficiencies as items are completed and as new items are discovered.

2.3 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:

2.3.1 Analysis of Existing Conditions - 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.

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

2.3.3 Expert Witness - Preparing to serve or serving as an expert witness in connection with any public hearing or legal proceeding.

2.3.4 Post Construction Phase - Inspections of and services other than warranty related to the Project after completion of the services under this Agreement.

2.3.5 Other - Providing any other service not otherwise includedin this Agreement.

ARTICLE 3

The Owner's Responsibilities

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

3.2 Owner's Representatives - The Owner shall designate a Contracting Officer who shall be acquainted with the scope of the Work; has authority to approve budgets and adjustments within warrant thereto, as contemplated by Section 2.1.3 within the Project Cost Estimate as established by the Board of Education; render decisions; and otherwise furnish information. A Contracting Officer's Technical Representative (COTR) shall be appointed as a Project Manager with technical authority over the Contract.

3.3 Architect - The Owner shall retain the Architect to provide design services and to prepare construction documents for the Project. The Architect’s services, duties and responsibilities are described in the Agreement between the Owner and the Architect, a copy of which will be furnished to the CM/GC.

3.4 Professional Services - The owner shall furnish such legal services as may be necessary for the owner's responsibility concerning the project, and such auditing services as it may require. The CM/GC will furnish its own legal services.

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 otherwise complete the Project in accordance with the Contract Documents.

3.7 Surveys and Special Testing - So far as the Project contemplated by this Agreement may require, the CM/GC shall be entitled to information giving 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. The Owner, at its expense, shall furnish all such data, upon request. The Owner likewise shall pay for all borings or test pits and for any mechanical, chemical, materials or other tests as well as professional verifications and inspections incident to proper appraisal of the site for the contemplated structure. A copy of all reports of such tests and borings shall be filed with the Owner and shall be available to the CM/GC, upon request.

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 - All work, except that portion commonly referred to as "General Condition Costs" set forth in Article 8.2.1, shall be competitively bid pursuant to procedures acceptable to the Owner. Owner shall be extended invitations to all bid openings and have access to all results. CM/GC may use owner facilities for bid openings, if desired.

4.2 Award - The CM/GC shall request and receive proposals from subcontractors and subcontracts that will be awarded by the CM/GC after the proposals are reviewed by the CM/GC with the Architect 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 a 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 be satisfactory to the Owner, Architect and the

CM/GC.

ARTICLE 5

Contract Time Schedule

5.1 Schedule - The services and work to be performed under this Contract shall be in general accordance with the Contract Time Schedule.

5.2 Time of Completion - This date has been established as part of competition requirements and is not flexible at the time a Guaranteed Maximum Price is established.

Projected time of completion for this project is October 1, 2024.

Delays and Extension of Time - If the CM/GC is delayed at any time in the progress of the work for any of the below listed reasons, adequate compensation to complete on time shall be extended by Change Order I Contract Modification for such reasonable time as the Owner and Contractor agree. All requests for extra costs occasioned by delays or neglect shall be subject to the Owner's approval and shall be made in writing to the Owner no more than seven (7) days after the occurrence of the delay or event causing the extra cost;

otherwise they shall be waived and barred.

1) Any act or neglect of the Owner or the Architect or by any employee of either

2) Any separate contractor employed by the Owner

3) Changes ordered in the Work

4) Labor disputes

5) Fire

6) Unusual delay in transportation

7) Unavoidable casualties

8) Any causes beyond the CM/GC's control

9) Inclement weather

10) Delay authorized by the Owner

5.3 Liquidated Damages - The CM/GC understands and agrees that the completion of the entire Project within the time specified is a critical feature of this Agreement and that the Owner will sustain substantial damages, the amount of which is not possible to accurately determine at the time of contracting and which may be difficult to prove, if the Work is not so completed. The CM/GC, therefore, agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to insure the completion of the Work within the prescribed time. The CM/GC further agrees that his failure to fully and finally complete the Work within the time allowed shall be considered a material breach of this Agreement and shall entitle the Owner to collect liquidated damages for the delay in completion in accordance with the General Conditions in the sum of $0 dollars per calendar day.

ARTICLE 6

Guaranteed Maximum Price

6.1 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 and Owner will negotiate Guaranteed Maximum Price (GMP), guaranteeing the maximum cost to the Owner for the Cost of the Work and the CM/GC's Fees. Such GMP will be guaranteed by the CM/GC, subject only to modification for Changes in the Work as provided in Article 9 and for additional costs arising from delays caused by the Owner or the Architect.

6.2 Subcontracts -When the CM/GC and Owner agree on a GMP, the subcontracts will contain the necessary provisions to allow the CM/GC to control the performance of the Work.

ARTICLE 7

Construction Manager/General Contractor's Fee

7.1 Determination - In consideration of the performance of this Agreement, the Owner agrees to pay the CM/GC in current funds as compensation for his services a CM/GC's Fee as set forth in its offer as described in the Offer Schedule, Pages A1 through A4 (Form of the Offer).

7.2 Items Included in Fee - Included in the CM/GC's Fee for the Design and Construction Phase are the items indicated in Article 2, Paragraphs 2.1 through 2.12, and Design Phase of this document.

ARTICLE 8

Cost of the Work

8.1 Definition - The term Cost of the Work shall mean costs necessarily incurred in the proper performance of the Work during either the Design or Construction Phase, and paid by the CM/GC. Such costs shall 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 Article. The Owner agrees to pay the CM/GC for the Cost of the Work as defined in this Article 8 and attached matrix. The amount of money appropriated for the Project is equal to or in excess of the Cost of the Work and the CM/GC's Fee.

8.2 Cost Items Included - On-site costs of the Work including General Conditions and the aggregate cost of subcontracts.

8.2.1 General Condition Costs - Those costs for work outlined in the General

Conditions of the Contract that are the responsibility of the CM/GC unless specific items of Work are included in the subcontract work. Reference: Appendix Matrix for CM/GC General Conditions Structure.

8.2.1.1 Wages paid for labor in the direct employ of the CM/GC in 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 and including such welfare or other benefits, if any, as may be payable with respect thereto. (General contractor only)

8.2.1.2 Cost of ordinary employee benefits and taxes, such as pension contributions, hospitalization, vacations, medical insurance, assessments or taxes for such items as unemployment compensation and Social Security, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the CM/GC and included in the Cost of the Work. (General contractor only)

8.2.1.3 The proportion of reasonable transportation, traveling and hotel expenses of the CM/GC or of his officers or employees incurred in discharge of duties connected with the Work, when the necessity for such expenditures is approved in advance by the Owner.

8.2.1.4 Cost of all materials, supplies and equipment incorporated in the Work, including costs of transportation thereof. (General Contractor only)

8.2.1.5 Cost, including transportation and maintenance, of all materials, supplies, equipment and hand tools not owned by the workmen employed by the CM/GC, which are employed or consumed in the performance of the Work and cost less salvage value on such items used but not consumed which remain the property of the CM/GC.

8.2.1.6 Rental charges of all necessary machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from the CM/GC or other, including installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area. All equipment which the CM/GC intends to rent to the Owner and the rates therefor must be approved by the Owner in writing prior to use.(General contractor only)

8.2.1.7 Guaranteed cost of the premiums for all bonds and insurance which are required by the Contract Documents as offered in the bid schedule (Form Of Offer).

8.2.1.8 As a State Entity, School District No. 11 is not required to pay City of Colorado Springs sales/use taxes. However, due to City Ordinances, your company will be charged taxes for supplies and materials purchased and/or consumed within the city of Colorado Springs including School District No. 11 projects. Such taxes shall be estimated and included in your bid. Accordingly, the Contractor is required to record its city sales/use tax expenditures and complete forms St-16 and St-16A at project completion and submit these forms to the District. Since the District is not required to pay any such taxes, the District will apply for and retain the refund of any such taxes paid by the Contractor. The District reserves the right to withhold final payment and/or make an appropriate deduction that the Contracting Officer determines is reasonable, from the contract to cover the Colorado Springs City sales tax, if the contractor fails to submit a complete or acceptable ST-16 and ST-16A at the conclusion of the project

8.2.1.9 Permit fees, licenses, tests and royalties.

8.2.1.10 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work.

8.2.1.11 Cost of removal of all debris, snow removal, interim and final cleaning.

8.2.1.12 Costs incurred due to an emergency affecting the safety of persons or property, to the extent not compensated by insurance or otherwise, and not attributable to the fault of the CM/GC or his subcontractor.

8.2.1.13 Contractor is responsible for site security. The cost of site safety measures, such as watchmen, fences, signs and barricades, if required is the contractor's responsibility.

8.2.1.14 Cost of computer services as required at the field office.

8.2.1.15 Cost of construction support activities such as Work items included in the General Conditions of the Contract and in the specifications unless they are provided by subcontractors.

8.2.1.16 The cost of adequate, weatherproofed, heated and well-lighted office space with telephone and facsimile service at the site of the work for the use of the CM/GC and the Architect and Owner representatives.

8.2.1.17 The cost of providing and maintaining neat, sanitary and adequate temporary toilet facilities for all personnel at the construction site.

8.2.1.18 The cost of providing suitable temporary facilities and quarters for workmen and of maintaining on premises water-tight storage sheds and tool houses for storage of building materials and tools.

8.2.1.19 The cost of providing all temporary facilities required to supply all the power, light, water and heat needed for the proper execution and completion of the Work. Unless provided by subcontractors, the cost of all power, light, water and heat for the duration of the Work.

8.2.1.20 The cost of providing temporary weather protection and temporary heating as required for the expeditious prosecution of the Work.

8.2.1.21 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner.

8.2.1.22 All costs directly incurred in the performance of the Work and not included in the CM/GC Fee as defined in Article 7.

8.2.2 Subcontracts - The cost of Work performed by subcontractors.

8.2.3 Estimates - The CM/GC shall include a detailed and itemized estimate of General Condition costs as a part of each estimate for the Cost of the Work. After the Contract Documents have been completed and before Work is released for bidding, the CM/GC shall prepare an estimate of the Cost of the Work that provides a subtotal of costs for each subcontract package and includes the costs for General Conditions.

ARTICLE 9

Changes in the Work

9.1 Authorization - The Owner, without invalidating the Agreement, may order Changes in the Work within the general…