2021-02-23_PERMIT FILE - M2021014 ‎(3)‎

• Permit No: M2021014
• IBM Index Class Name: PERMIT FILE
• Doc Date: 2/23/2021
• Doc Name: Application
• From: Castle Rock Construction Company of Colorado
• To: DRMS
• Email Name: TC1
• Email Name: MAC
• Email Name: AWA
• Media Type: D
• Archive: No

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STATE OF COLORADO DEPARTMENT OF TRANSPORTATION
CM/GC PRECONSTRUCTION SERVICES RECITALS
Contract Routing #21-HA4-ZF-00005 SAP PO #451000421
Project#s NHPP R400-370 (22975)
CMS # 21-HA4-ZF-00005
1. PARTIES. THIS CM/GC AGREEMENT ("Agreement") is entered into by and between the STATE OF
COLORADO, acting by and through the Colorado Department Of Transportation, the State or CDOT,
("Principal Representative"), and Castle Rock Construction Company of Colorado, LLC, or
(Contractor), having its offices at 6374 S. Racine Circle, Centennial, CO 80111, CDOT Vendor#
1001314 engaged to serve as Construction Manager and proposed General Contractor ("Contractor").
2. EFFECTIVE DATE AND NOTICE OF NON-LIABILITY.This Agreement shall not be effective or enforceable
until it is approved and signed by the State Controller or his designee("Effective Date"), but shall be effective
and enforceable thereafter in accordance with its provisions. The State shall not be liable to pay or reimburse
Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be
bound by any provision hereof prior to the Effective Date.
3. RECITALS.
WHEREAS, CM/GC CDOT Project# NHPP R400-370 (22975) as further defined in Article 4 "Project" and
was approved by Stephen Harelson P.E., Chief Engineer on July 21, 2020;
WHEREAS, authority exists in the Law, and Funds have been budgeted, appropriated, and otherwise made
available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number
400, General Ledger Account Number 4192000010, WBS Element 22975.10.30, Fund Center R45TD-010,
SAP Purchase Order# Number 451000421.
WHEREAS, required approval, clearance and coordination have been accomplished from and with
appropriate agencies;
WHEREAS, the Principal Representative has established the Fixed Limit of Construction Cost("Fixed Limit
of Construction Cost") in the amount of$8,400,000.00
WHEREAS, in accordance with Section 9.1, Contractor's CM/GC Preconstruction Fee and LLTP CAP,
the Contractor's CM/GC Preconstruction Fee for the Project is $100,000.00 (through the Pre-Construction
Phase) (the "CM/GC Preconstruction Fee") (based on 1.19% of the Fixed Limit of Construction Cost). In
the event additional funding is secured and in the event additional work is added to the scope, CDOT will
add an additional 1.19% of added Fixed Limit of Construction cost to pay for additional preconstruction
services;
WHEREAS, in accordance with Section 9.5, Construction Agreed Price ("CAP'), the Contractor shall enter
into negotiations with Principal Representative to establish a mutually agreed upon Construction Agreed
Price ("CAP") (including the Contractor's CM/GC Management Price Percentage and incorporating
Contractor's Bid Item Pricing proposal to the extent applicable) that is within the Fixed Limit of Construction
Cost as established by the Principal Representative;
WHEREAS, in accordance with Section 9.5, Construction Agreed Price ("CAP'), the Contractor shall
enter into negotiations with Principal Representative to establish a mutually agreed upon Long Lead Time
Procurements ("LLTP") CAP and all required Construction CAPs proposals (as those terms are defined
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