HomeMy WebLinkAboutRFP - 9509 CM/GC SERVICES FOR LAPORTE AVENUE BRIDGE & ROADWAY IMPROVEMENTS FROM TAFT HILL ROAD TO GRANDVIEW AVENUERFP 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements
from Taft Hill Road to Grandview Avenue Page 1 of 124
REQUEST FOR PROPOSAL
9509 CM/GC SERVICES FOR LAPORTE AVENUE BRIDGE & ROADWAY IMPROVEMENTS
FROM TAFT HILL ROAD TO GRANDVIEW AVENUE
RFP DUE: 3:00 PM MT (Mountain Time), February 18, 2022
The City of Fort Collins is requesting proposals from qualified Contractors for Construction
Manager/General Contractor (CM/GC) services related to the construction of the Laporte
Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS.
Proposals not submitted by the designated Opening Date and Time will not be accepted by
RMEPS.
A pre-proposal meeting will be held at 9:00 AM MT on February 7, 2022. The pre-proposal
meeting will be hosted on-line via Microsoft Teams or Zoom. Select or copy/paste the below
link into your browser for access to the meeting. Please be prepared to announce your name
and mute your microphone and enter in the comments section your Name, Company and email
address:
Click here to join the meeting
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_OWJmODJmNTMtYmJmOC00ODRiLWFkNGEtYzU4ZDZlYzI4MDdj%40thr
ead.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-
6d1a27b66660%22%2c%22Oid%22%3a%2237299b31-8a43-4b66-8642-
b5358a21cda9%22%7d
Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and
conference ID. This option will only allow you to hear the audio presentation.
Call-in number: 1 970-628-0892
Conference ID: 816 429 924#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to Tim Sellers, Project Manager, tsellers@fcgov.com, no
later than 5:00 PM MT on February 10, 2022. Please format your e-mail to include: RFP 9509
CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to
Grandview Avenue in the subject line. Questions received after this deadline may not be
answered. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements
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This RFP has been posted utilizing the following Commodity Code(s):
958-26 Construction Management Services
913-13 Construction, Bridge
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
The City requires its Service Providers/Professionals to comply with the City’s policy for equal
employment opportunity and to prohibit unlawful discrimination, harassment and retaliation.
This requirement applies to all third-party Service Providers/Professionals and their
subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Service
Providers/Professionals may submit one (1) additional complete proposal clearly marked “FOR
PUBLIC VIEWING.” In this version of the proposal, Service Providers/Professionals may redact
text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a
public viewing copy will be considered a waiver of any claim of confidentiality under CORA
without regard to how the applicant’s proposal or certain pages of the proposal are marked
confidential, proprietary, or similar. Such statement does not necessarily exempt such
documentation from public disclosure if required by CORA, by order of a court of appropriate
jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential
commercial and financial data information is not required to be disclosed by the City. Proposals
may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP,
Service Providers/Professionals hereby waives any and all claims for damages against the City
for the City’s good faith compliance with CORA. All provisions of any contract resulting
from this request for proposal will be public information.
Service Providers/Professionals Registration: The City requires new Service
Providers/Professionals receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-
BEN-E (international firms) and requires all Service Providers/Professionals to accept Direct
Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit
Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing
under Vendor Reference Documents. Please do not submit these documents with your
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proposal, however, if you take exception to participating in Direct Deposit (Electronic)
payments please clearly note such in your proposal as an exception. The City may waive the
requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Provider/Professional shall be required to sign the City’s Agreement prior
to commencing services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. PROJECT BACKGROUND INFORMATION, STATUS, SCOPE OF WORK AND
REQUIREMENTS
A. Background Information
The City of Fort Collins is requesting proposals from qualified Contractors for Construction
Manager/General Contractor (CM/GC) services related to the construction of the Laporte
Ave Bridge & Roadway Improvements.
The Laporte Ave Bridge & Roadway Improvements are based on preliminary plans
that are available in Attachment 1. The plans are approximately 30% design plans.
The Laporte Ave Bridge & Roadway Improvements is significant to the City of Fort
Collins for many reasons, including the following:
Laporte Ave is a moderately travelled two lane arterial east-west route within Fort
Collins.
Laporte Ave is a vital vehicle, mass transit, pedestrian and bicycle connection
that links west Fort Collins schools, recreation areas, and residences to the
cultural center of Old Town Fort Collins.
The Laporte Ave Bridge & Roadway improvements is the first of two planned
projects to improve the corridor experience for pedestrians and cyclists.
The Laporte Ave Bridge and Roadway Improvements Project will replace two
sub-standard bridges that are overdue for structural and functional
improvements.
The Laporte Ave Bridge and Roadway Improvement project will require two bridge
replacements. The bridge replacements will require extensive coordination and traffic
control phasing during construction with both the City, local businesses, Poudre School
District, and the New Mercer Canal ditch company. Typically, the ditch stops running
water on October 15th and the contractor would have full access to reconstruct the
bridge at that time. Water typically begins flowing through the ditch again around April
15th. The ditch company may stop running water sooner or may run water for longer
depending on the customer needs and conditions. Due to project scheduling and time
constraints, it is likely that some of the bridge work would need to be done prior to Oct
15th, including abutments and walls. The City would like to explore ways to begin as
much work as possible prior to the ditch water being shutoff.
For the purposes of this RFP, the Contractor may assume and price, precast concrete
slab beams with cast in place composite bridge decks on a combination of cast in place
abutments and geosynthetic reinforced soil abutments. However, the City is also open
to exploring other construction alternatives in order to minimize construction and
schedule impacts. The City has included the Structure Selection Report (Attachment #2)
which is intended to be used as a guide for prospective proposals that would like to
propose other abutment or girder alternatives. The contractor is encouraged to discuss
innovative approaches to constructing the bridges in order to meet schedule constraints,
including but not limited to precast items, innovative phasing options and construction
materials, etc.
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The City will also reconstruct approximately 1300 lineal feet of Laporte Ave between Taft
Hill Road and Grandview Ave. as part of this project. The new roadway cross section
will add grade separated combination bikeways & sidewalks to the corridor. The new
roadway profile will accommodate surface drainage improvements and accommodate
the new bridge structures. The City would like the contractor to discuss options for
rebuilding Laporte Ave from STA 54+25 to STA 67+00 and address impacts to traveling
public, and overall constructability of the corridor. Any cost savings or efficiencies gained
with particular phasing or construction techniques should also be addressed.
City funds will be used for the design, right-of-way acquisition and construction of the
improvements.
The prioritized Project Goals for the project have been determined to be:
1. Maximize safety, infrastructure, and operational multi-modal improvements within
a set project budget.
2. Minimize inconvenience to the traveling public and businesses during
construction.
3. Complete the Project by Summer 2023, with emphasis on completing the bridge
structures ahead of the New Mercer Ditch turn-on date of April 15, 2023.
4. Provide a high quality, final product.
5. Coordinate between designer, contractor, and utility owners to facilitate effective
and efficient utility relocations.
6. Utilize innovative bridge construction approaches to reduce cost, improve quality,
and decrease project duration and impact.
The Contractor should address their approach to accomplishing these goals.
This RFP shall cover construction management and general contractor services
for all of the work identified above and in all attachments.
Also, as a sidenote, there is a separate Federally funded Laporte Ave corridor project
that will reconfigure Laporte Ave east and west of the Laporte Ave Bridge project limits.
The Laporte Ave Corridor Project is anticipated to begin construction in summer, 2023.
The project is currently being developed as a traditional design, bid, build CDOT/Fed
funded project.
B. Project Status
The City entered into a contract with Otak, Inc. to provide the final engineering design for
the Laporte Ave Bridge and Roadway Improvement Project and to provide consultant
support services for the CM/GC process. The following general timelines for design
milestones are as follows:
30% Design Updated Submittal April 1, 2022
100% Design Submittal October 1, 2022
Construction Notice to Proceed (NTP) October 15, 2022
All Proposed Improvements are on Existing City Right-of-way. The City will need to
acquire Temporary Construction Easements (TCE) and License to Enter (LTE) for
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completion of survey work and construction near the proposed bridge structures. It is
anticipated that the City will have TCEs and LTEs developed by of early fall, 2022. As
TCE/LTEs are acquired, work may be authorized by the City of Fort Collins and the
contractor may begin operations in these areas with written permission. See 30% plan
sheets 12-14 for existing ROW linework.
C. CM/GC Scope of Work
CM/GC is a contracting method that involves the contractor in the design process. The
selected CM/GC will be required to enter into a Services Agreement – Work Order type.
The City anticipates award of separate Work Orders for each phase of the project
including; 1) Preconstruction Support Services; and 2) Construction Services. The intent
is to form a partnership with the City of Fort Collins (the owner), the designer working for
the City of Fort Collins (Otak, Inc.), and the Contractor. The focus is on a partnership
and a collaborative design development to minimize risk, improve the construction
schedule, promote innovation, and a cost efficient construction.
1. Preconstruction Support Services
The CM/GC team relies on the expertise of the contractor to deliver a better product
in less time and at a cost competitive with traditional design-bid-build construction
processes. The contractor is required to provide the following expertise during the
Preconstruction Support Services Phase of the project:
The skills and knowledge to estimate the quantities of materials, labor, and
equipment needed to construct the project.
The skills and knowledge to determine the tasks (work breakdown structure)
needed to complete the project and estimate the costs, duration, and sequence
of these tasks.
An understanding of the availability, cost, and capacities of materials, labor, and
equipment.
The skills and knowledge to identify potential risks (including cost and schedule
risks) and methods to mitigate them during the design process.
The skills and knowledge to determine constructability of various designs and to
develop construction phasing and maintenance of traffic schemes for various
designs and construction approaches.
The skills, knowledge and experience to address bridge construction and
phasing and the ability to evaluate the feasibility of all types of bridge
substructure and superstructure construction techniques. The contractor should
be able to discuss the viability and pros and cons of various types of concrete
bridge construction including but not limited to cast-in-place, precast, alternative
concrete materials, etc.
The skills, knowledge and experience necessary to coordinate the project work
with anticipated utilities conflicts and relocations.
If the bridges are to be constructed primarily by a subcontractor, that subcontractor
must be willing to be involved with Preconstruction Support Services at the same
level as the contractor to discuss in detail bridge construction costs, techniques, etc.
as detailed above. The subcontractor must also be willing to adhere to the City’s
“open book” negotiation policy as detailed below in Section C.2.b.
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It is expected that any subcontractor that the City, in its sole discretion, deems to be
significant and critical to the overall project delivery be available throughout the
Preconstruction Support Services Phase of the project and adhere to the City’s
“open book” negotiation policy. The City shall be involved with the procurement of
subcontractors to the extent required to determine reasonableness of price and
quality of work. It is expected that the Contractor involve the City in the
subcontractor procurement process and work together with the City to procure
acceptable contractors in terms of scope, schedule, budget and quality. Examples of
subcontracted work the City would consider to be significant and critical may be:
- Bridge and wall construction – concrete, railings, modular block, etc.
- Concrete pavement, curb and gutter, sidewalk
- Asphalt placement
- Landscaping
- Traffic control
The selected contractor will be awarded a Preconstruction Support Services
contract, prepared and administered by the City. The cost of the contract will be
based upon a final negotiated scope, total hours and unit rate for each key employee
for “Preconstruction Support Services” submitted as part of the Unit Price Cost
Proposal. The Preconstruction Support Services contract will be in the form of a
Work Order, issued per the attached Section VI. Sample Agreement. The
Preconstruction Support Services Work Order may include any or all the following
activities:
a. Partnering: The City expects a strong partnering relationship with the selected
CM/GC contractor. A formal Partnering Session will be held with the selected
contractor, City of Fort Collins team members and contract Architects and
Engineers (the Otak, Inc. design team) soon after the selection process is
completed. Successful CM/GC project delivery requires an environment where
trust and teamwork prevent disputes, fosters a cooperative bond to everyone’s
benefit, and facilitates the completion of a successful project. Adversarial
relationships between the contractor and owner will not be acceptable on the
project, and could lead to the termination of the contract.
b. Initial Risk Assessment Workshop: Participate in an initial project introduction
and Risk Assessment workshop. The workshop will be conducted in Fort Collins
and will include the following tasks:
i. Project site walkthrough
ii. Introduction to the project and the project stakeholders
iii. Project status, goals, objectives, funding, etc.
iv. Presentation of project elements
v. Review phasing options for construction
vi. Development of alternative phasing concepts
vii. Assessment of primary project risks in terms of cost, quality and schedule
c. Design Reviews (collaborative design development): Participate in an
estimated three formal design reviews. For each review the contractor may be
asked to perform any or all of the following tasks:
i. Provide constructability reviews
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ii. Work with the designer to prepare draft construction phasing and
maintenance of traffic schemes
iii. Develop construction schedules
iv. Provide construction cost estimates
v. Perform a risk assessment in terms of cost, quality and schedule
vi. Provide value engineering to reduce risk, cost and schedule
vii. Engage and coordinate with stakeholders and property owners
The Contractor may be asked to perform any of the above tasks throughout the
design phase, and not necessarily during formal design reviews. It is anticipated the
Contractor will be fully engaged throughout the design process and be willing to
provide input when requested. The Contractor shall be compensated for all their
time spent providing design assistance as identified above, in accordance with the
Preconstruction Support Services Work Order. It is likely that the Contractor will be
required to attend bi-weekly or monthly coordination meetings as identified by the
City. The Contractor may be required to engage and coordinate with stakeholders
and property owners prior to construction.
2. Construction Contract Price Negotiations
When the City, the Designer, and the Contractor agree that the project has been
designed to a sufficient level of detail to allow the Contractor to accurately price
construction elements of the project, Construction Contract Price Negotiations will
commence. In order to expedite the project, Construction Contract Price Negotiation
may start before the completion of the Preconstruction Support Services. The
Contractor’s work effort for Construction Contract Price Negotiations will be separate
from its Preconstruction Support Services, and will not be compensated for by the
City. The contractor will be compensated for construction cost estimates prepared
during the design process prior to Construction Contract Price Negotiations. The City
will determine when Construction Contract Price Negotiations have begun.
a. Price Negotiation Process: The following procedures will be used for
Construction Contract Price Negotiations.
i. The designer will produce a set of the relevant plans and specifications
showing the work to be accomplished. The plans will also show all work
accomplished under any previous construction packages.
ii. The contractor will prepare a “bid” to perform the work shown. The contractor
will use the unit prices submitted as part of the Proposal unless a new unit
price is justified based off factors discussed with the City throughout the
design process and identified in the original project proposal.
iii. The City will produce an independent construction cost estimate for the work.
iv. Upon opening the contractor’s “bid” the City will determine the acceptability of
the “bid” by comparing it to its independent construction cost estimate.
v. If the prices are acceptable, the City will prepare a Work Order for
construction services. If a previous Work Order for construction services had
been entered into, this work may be added to that contract by change order.
vi. If the prices are not acceptable the City and the contractor will conduct a
price negotiation meeting to discuss the variances between the “bid” and
independent construction cost estimates.
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vii. Following the price negotiation meeting the Construction Contract
Negotiations will enter into subsequent iteration of the above noted process.
viii. The City reserves the right to require the Contractor to enter into “open book”
cost model price negotiations at any time through this process, where the
contractor will be required to reveal and defend its detailed pricing
breakdowns including labor, materials, equipment, subcontractor and supplier
quotes, mobilization, overhead, mark-up, and profit. See below for the City’s
“open book” negotiation requirements.
ix. At any time, if the City determines that an agreement cannot be successfully
negotiated, the City reserves the right to terminate construction contract
negotiations and the Preconstruction Support Services contract and procure
the construction of the project by other means. If the City then offers the
project up for public bids the contractor will not be eligible to bid on the
project.
b. “Open Book” Negotiations Process: Negotiations may require any or all of the
following information.
The contractor shall submit information as requested by the City to the extent
necessary to permit the City to determine the reasonableness of the “bid” price.
The contractor shall provide cost or pricing data, broken down by individual work
item, for the contractor and each major subcontractor. The contractor shall
submit material and subcontractor quotes, anticipated labor and equipment
usage, and anticipated production rates.
If requested, submit a written proposal for the work identifying the major
elements of the work, the quantity of the element, and its contribution to the
proposed price. Provide further breakdowns if requested by the City.
Material: Furnish quotes and/or material invoices showing the cost of material to
be incorporated in the work.
Labor: Show basic hourly rates, fringe benefits, applicable payroll costs (workers
compensation, insurance, etc.) paid subsistence, and travel costs for each labor
classification and foreman employed in the work.
Equipment: Provide a complete descriptive listing of equipment to be used in the
work including make, model and year of manufacture. Support rented or leased
equipment costs with invoices.
Other direct costs: Furnish documentation of invoices to support any other direct
costs to be incurred that are not included above (e.g., bonds, mobilization,
permits, etc.).
Production Rates: Provide actual hours of performance, on a daily basis, for
each labor classification and for each piece of equipment.
Subcontract Costs: Provide supporting data as required above.
Overhead: Identify overhead rates and list the types of costs that are included in
overhead.
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Profit: Include a reasonable profit reflecting the efficiency and economy of the
contractor and subcontractors in performing the work, the contract risk type, the
work difficulty, and management effectiveness.
Markup: List any markup cost for subcontractors or other items. Provide backup
information as requested for a breakdown and justification of markup expenses.
3. Construction Requirements
The City expects the CM/GC Contractor to provide full construction services related
to the completion of the Project. The CM/GC will be required to sign a Work Order
for construction services. A template of the City’s Work Order for construction
Services is available upon written request. For the most part, construction services
will be contracted and performed in accordance with the City’s standard processes
for traditional design-bid-build projects. These services are to include, but not be
limited to the following:
Provide construction services according to the Agreement and contract
documents including self-performance with a goal of at least 40% of the physical
work (including overhead, profit and materials).
Provide qualified full time site supervision and management of trade
subcontractors to meet or exceed the defined project schedule.
Provide open procurement of subcontractors and suppliers that are not assigned
by the City. Include the City in the procurement process. A minimum of 3 quotes
may be required for the subcontractor procurement process. If less than 3
subcontractor quotes are obtained for a given item of work, justification must be
provided to, and agreed upon by, the City. The City may choose to limit the
amount of subcontractor quotes at their discretion.
Provide storm water management and BMP maintenance for the site complying
with State and City regulations.
Provide construction delivery scheduling, meeting attendance and reporting
according to contract document and federal or state requirements. This includes
progress reporting and subcontractor work participation.
Provide site security and protection during construction. Provide all site safety
management and compliance with OSHA standards and criteria. Implement a site
safety program that is reported on regularly.
Provide for quality control program that meets or exceeds minimum job/contract
document and industry standards. Coordinate all quality control testing and
inspections through the City.
Meet all licensing and permitting requirements as set forth by the City of Fort
Collins and the State of Colorado for both GC and subcontracted work.
Contractors must be pre-qualified with the Colorado Department of Transportation
for work on state highways. To become pre-qualified during the proposal period,
contact the project manager. Applications must be submitted within one week of
the initial RFP release.
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Provide work that complies with the Larimer County Urban Area Street Standards
(LCUASS), the Colorado Department of Transportation Standard Specifications
for Road and Bridge Construction, City of Fort Collins Development Construction
Standards for Water, Wastewater and Stormwater dated June 2017, FHWA
Geosynthetic Reinforced soil Integrated Bridge system Interim Implementation
Guide dated June 2012, project construction contract and general and special
provisions as amended by the contract. See Attachment 4 – Contract Provisions
for the current set of Contract Provisions. This is not an exhaustive list, and more
project provisions may be included as design progresses.
Provide services to manage participation in project close out process and needs
during the project warranty period.
Provide State and City required documentation prior to and during construction,
including but not limited to: payrolls for contractor and subcontractors, CDOT
Form 205 for each subcontractor, material submittals and certifications, schedule
updates, etc. and other documentation as required in the final contract documents.
Early Procurement of Long Time Materials and Other Services: The contractor
may be asked to procure long lead materials that may be in short supply or require
longer than desired lead times from purchase to delivery. The City may also procure
through the contractor such services as pavement cores, pipe videos, potholes, or
other investigations to facilitate the design. The City may choose to exercise this
option if the early procurement saves significant construction time, money, or avoids
potential delays once the project begins, etc. The procedures as previously
described will be used to negotiate early materials procurements. The City may ask
to procure these items at any reasonable time throughout the design and
construction phase of the project.
Early Action Construction Contracts: Similar to early materials procurements
early action construction projects may be initiated before the design as a whole is
completed for the project. The Construction Contract Price Negotiation process will
be followed for the negotiation of early action construction contracts.
Early construction may be done in an effort to coordinate with other entities, including
the ditch company, City Traffic Department, local businesses, etc. The City may
choose to exercise this action to save construction time, money, or avoid potential
delays and rework once the project begins, etc.
4. CM/GC Process and Fees
The City intends to negotiate a unit price contract that shall cover the entire scope of
construction services with the selected contractor and may require the City’s “Open
Book Negotiation Process” as detailed above. The contractor will also be required to
provide input on estimated quantities for each Major Line Item, and the City and
Contractor will come to a final agreed upon quantity. The Major Line Items will be
determined by the City with input from the contractor.
Once the final quantities are agreed to, a quantity allowance for each item will be
negotiated (typically less than five percent). The final quantities plus allowance for
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each item will encompass the total contract amount for each item. This will be the
Guaranteed Maximum Quantity for each item, similar to a Guaranteed Maximum
Price. The contractor shall be fully responsible for any costs associated to complete
the work above the negotiated Maximum Quantity, unless there is an agreed upon
change in scope for any item that overruns the Maximum Quantity.
The contractor shall include industry standard overhead, profit and markup rates as
applicable to each task and item. Maximum overhead, profit and markup rates for
any line item shall be set with the Preconstruction Support Services contract in
accordance with the contractors Unit Price Cost Proposal (see Section II Cost
Proposal and Approach to Unit Prices). The contractor shall utilize the unit pricing,
overhead, profit and markup rates stated in Attachment 3, unless other rates are
negotiated. Individual line items may have different overhead, profit or markup rates
appropriate for the given risk and difficulty of the work, provided they are less than
the maximum amount set in the Preconstruction Support Services Contract.
5. Services Agreement and Construction Contract
The CM/GC will be required to enter into Services Agreement – Work Order type
(found in Section VI. Sample Agreement), and sign a Work Order for the
Preconstruction Support Services. Following successful completion of the
Preconstruction Support Services, the CM/GC will enter into a Work Order for
construction services. A template of the City’s Work Order for construction services
is available upon written request. For the most part, construction services will be
performed in accordance with the City’s standard processes for traditional design-
bid-build projects. See Attachment 4 for applicable general and special provisions at
this time. These special provisions will be modified and expanded as design
progresses and will be included as part of the final contract.
Any exceptions to the agreements must be stated with your submission of
qualifications for this project. The City makes no guarantees it will change the
agreements but may consider the exceptions.
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: January 31, 2022
• Pre-Proposal Meeting: 9:00 AM MT on February 7, 2022
• Question deadline: 5:00 PM MT on February 10, 2022
• Final Addendum Issued: February 14, 2022
• Proposal due date: 3:00 PM MT (our clock) February 18, 2022
• Interviews (tentative): Week of February 28, 2022
• Award of Contract (tentative): March 8, 2022
• Completion of project: June 2023
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D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers/Professionals
may be interviewed by the RFP assessment team and asked to participate in an oral
presentation to provide an overview of the company, approach to the project and to
address questions. The evaluation criteria for the oral interviews will be the same as the
criteria for the written evaluations and is included in Section III.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the optional interview phase of the assessment process. The City will receive and score
written proposals. However, instead of traditional in-person interviews for the optional
interview session, the City may opt to use alternate methods including, but not limited to
remote interviews through a platform such as Microsoft Teams or Zoom.
E. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses will be
reimbursable per the current rates found at www.gsa.gov.
F. Subcontractors/Subconsultants
Service Provider/Professional will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider/Professional; therefore, subcontractors and/or subconsultants
will be the responsibility of the Service Provider/Professional.
G. Financial Qualifications (CONFIDENTIAL)
Service Providers/Professionals selected as finalists may be required to submit a banking
reference and the most recent financial statement (audited preferred) including balance
sheet and income statement, as well as a statement of cash flows (the “Financial
Information”).
H. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
I. Fees, Licenses, Permits
The successful Service Provider/Professional shall be responsible for obtaining any
necessary licenses, fees or permits without additional expense to the City. All vehicles
and equipment shall be properly licensed and insured, carry the appropriate permits and
be placarded as required by law.
J. Laws and Regulations
The Service Provider/Professional agrees to comply fully with all applicable local, State of
Colorado and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
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K. Work Orders
The awarded Service Provider/Professional(s) will be required to sign the City’s Work
Order Type Agreement, a sample of which is attached as Section VI for reference
purposes. In the event that the City has agreements with multiple Service
Providers/Professionals for the Work, the City reserves the right to request proposals for
individual Work Order assignments from the awarded Service Providers/Professionals or
assign Work Orders directly to a Service Provider/Professional at its sole discretion.
Selection for individual Work Orders may be based on, but not limited to, availability,
approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Service Provider/Professional, project manager and Purchasing Department
representative. Depending on the cost and nature of the Work, additional signature
authorization may be required. Any changes to the dates, cost or scope of any Work
Order must be agreed upon in writing utilizing the City’s Change Order (included in the
Agreement) and will not be considered valid until signed, at a minimum, by the Service
Provider/Professional, project manager and Purchasing Department representative.
L. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Service
Provider/Professional each month following the submittal of a correct invoice by the
Service Provider/Professional indicating the project name, Purchase Order number, task
description, hours worked, personnel/work type category, hourly rate for each
employee/work type category, date of the work performed specific to the task, percentage
of that work that has been completed by task, 3rd party supporting documentation with the
same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Service Provider/Professional and the City will negotiate an appropriate unit price for the
service prior to the Service Provider/Professional initiating such work.
The City pays invoices on Net 30 terms.
M. COVID-19 Compliance
The Service Provider and its subcontractors/consultants shall comply with all state,
county, and local laws, ordinances, and public health orders established to reduce the
spread of COVID-19, as applicable. The Service Provider shall ensure employees and
subcontractors/subconsultants with COVID-19 symptoms do not report to the job
site. Service Provider must organize work to ensure individuals minimize contact and
maximize social distancing. Individuals must wear all standard worksite personal
protective equipment (PPE). In addition, individuals should wear a mask or cloth face
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covering consistent with local public health recommendations and other applicable safety
requirements.
N. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider/Professional. The Service
Provider/Professional is required to review this Agreement and indicate any objections to
the terms of the contract. If revisions to the contractual terms are requested, provide
suggested revisions.
O. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider/Professional hereby acknowledges receipt of the City of
Fort Collins Request for Proposal and acknowledges that the Service
Provider/Professional has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP.
II. SUBMITTAL REQUIREMENTS
CM/GC firms that have the requisite experience and qualifications are encouraged to submit
proposals.
General Company Information
Name of firm, contact person for this proposal, title, phone number, fax number, email, street
and mailing addresses, and previous names of firm in last 10 years; date firm was
established. Describe how the firm is organized. Provide general contracting licenses held
by firm. Include a summary of contract defaults, liquidated damages, debarments, lawsuits,
or failures to complete any awarded work.
Profile Projects
Provide a brief project description and history of projects, similar in scope to this project,
completed in the last 5 years. Limit profile projects lists to 5 projects max. Identify any Key
Personnel that were involved with the profile projects and will be assigned to this project as
well. Include the following information:
1. Project description that includes the project name and scope, firms that comprised
the design team (if project is a design-build or CM/GC delivery), and site location. Be
sure to note scope items that are similar to the scope of this project such as high
traffic areas, bridge construction, concrete and asphalt pavement reconstruction,
utilities coordination and relocation, etc.
2. Project history that includes the original schedule agreed upon at the time of signing
the contract, the actual duration of construction, and any special characteristics of
the project that affected delivery.
3. Type of project delivery model used.
4. Original contract cost.
5. Cost at completion and number of change orders.
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6. Contractor, subcontractor or owner initiated claims and their resolution.
7. Original contract time and actual completion time.
8. Owner name and contact information.
Provide a brief discussion of any unusual factors that affected the project delivery (e.g.
owner initiated delays, additions to the work, etc.). Provide an owner reference for cited
projects.
Project Profiles should be limited to no more than two pages in length for each profile.
Key Personnel
Names and resumes of proposed Key Personnel should be provided. Key Personnel for the
project are the Project Manager, the Preconstruction Support Services Manager and
construction Project Superintendent. Include two references for each assigned person.
Detail the availability and commitment of Key Personnel. (Note: Key Personnel should be
highly committed to this project for the duration of their phase of the work (i.e. Project
Manager for the entire duration of the project, Preconstruction Support Services Manager for
the preconstruction phase of the project and construction Project Superintendent for the
construction phase of the project). Resumes for Key Personnel should be limited to no more
than two pages for each person.
For the Preconstruction Support Services Manager it is the City’s preference that the
contractor provides a highly experienced senior manager with the authority to make
contractual decisions for the construction contract pricing.
Project Approach
Describe the approach to the overall project scope, schedule and impacts, process and
coordination. The City will require that an industry recognized software is used to develop
and manage the project schedule; fully base-lined, critical path shown and float managed.
Address your firms’ capability, resources and key project staff as it relates to the scope of
the project identified in this RFP. Discuss any potential and known subcontracted work
along with potential subcontractors. Discuss your firms’ experience in removing and
reconstructing bridges in existing high traffic arterial streets. Additionally, discuss your firm’s
experience with Geosynthetic Reinforced Walls or Bridge systems. If the bridge work is to
be subcontracted, this subcontractor should be identified in your proposal and is highly
encouraged to attend any requested interviews.
Delivering the project on or ahead of schedule is critical to the City, however, it is important
that this is balanced with impacts to the traveling public (i.e. large impacts to the traveling
public should provide a proportional benefit to productivity, efficiency and project schedule).
In addition, the project will impact access to several residential properties and businesses
that must always maintain access. Discuss how your project approach will prioritize and
sequence work in a way that accelerates the project schedule while balancing impacts to the
public and local businesses. Include in your proposal any potential traffic phasing options,
early construction options or innovative construction methods that will benefit the project
schedule and reduce overall impacts.
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The City is particularly interested in maximizing efficiencies as it relates to the bridge work.
Discuss your approach to completing the bridge work on schedule, while potentially not
being able to start work until Oct 15th when the water stops running. Any methods to
accelerate work prior to water shutoff such as digging and pouring footings/abutments
outside of existing structure, building ‘around’ existing bridge, using precast elements, etc. is
encouraged.
Discuss your experience with Geosynthetic Reinforced Soil (GRS) walls or bridge abutments
on past projects. Describe any schedule or cost advantages that were realized through the
use of GRS.
Describe your approach to the CM/GC process and coordination with City Departments and
the City’s design engineering firm (Otak, Inc.). Discuss any relevant experience in similar
projects and what your company’s approach to coordinating several different entities
including other contractors, owners and designers.
The City is seeking to hire a contractor that is committed to working together with the City
and the State in order to expedite all of the intersection work while minimizing impacts to the
public and local businesses. The contractor will be expected to develop strong working
relationships with City Engineering Department and the City’s design engineer (Otak, Inc.)
among others. The contractor may also be required to meet with local business owners and
associations and incorporate feedback into construction phasing and traffic control options.
The City shall be involved and facilitate these meetings.
Cost Proposal and Approach to Unit Prices
Submit a unit price cost proposal (Attachment 3 – Unit Price Cost Proposal) for the provided
approximate quantities based on your understanding of the project from the information
provided with this RFP and its supporting materials. This shall be a base unit price proposal
and will be negotiated prior to construction based on factors identified in the Unit Price Cost
Proposal. Any other reasonable factors, as determined by the City and the contractor, that
are identified through the design process will be considered during the unit price negotiation
and may increase or decrease the final unit price. The unit price provided should reflect the
contractors thought process, assumptions, risks, mitigation, etc. given the current level of
design. The City recognizes that there may be significant refinements in the project work
subsequent to the submittal of the proposals that may impact the unit prices. Describe your
approach to being transparent and ‘open book’ when developing a cost for this project.
The Cost Proposal and Approach to Unit Prices will be graded per the evaluation criteria
listed in Section III. It is the City’s desire to execute a reasonable and competitive
construction contract on the project. Cost proposals and unit prices that are competitive,
within a reasonable range of the average, and that are supported by reasonable
assumptions and risk discussions will be scored higher. Excessively high or low unit prices
in the City’s judgement could result in a lowering of the overall proposal score, unless
appropriately justified.
Describe your approach to unit prices as it relates to the overall unit price. Include any
assumptions made on bridge types, construction methods, phasing, and work sequencing
that impact your price. Be sure to include all major items and factors that were included in
the unit price (i.e. labor rates, productivity, traffic control/phasing, etc.). Discuss how you will
price future pay items and your approach to finalizing a unit price. Be sure to include profit,
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mark-up, and overhead percentages and how those are applied to the overall unit price.
List any major risk items that may cause the unit price to either increase or decrease.
Discuss your approach to potential value engineering opportunities throughout design and
construction to enhance the work product while potentially saving cost. Include any other
issues or considerations that would cause the unit price to change.
Quality Control and Contractor Performance
Provide details on your firm’s quality control program. Explain how your team administers a
quality control program during construction, how performance measures are documented
and how quality issues are addressed. Provide examples of when your firm exceeded
quality standards, gained industry recognition or received quality awards.
The City values quality work at all levels from physical construction to traffic control and
coordination to managing an effective schedule. Describe how your quality control
procedures dictate overall performance on construction contracts.
Safety Record
Provide the firm’s OSHA reportable accident rate and current workman’s compensation
insurance multiplier for the last 3 years. Provide the OSHA reportable accident rate on
projects managed by the proposed superintendent or project manager over the three year
period. Provide a list of all projects in the last 5 years that have received an OSHA citation
either to the GC or subcontractor on the jobsite and provide a narrative of the citations.
Financial Statement
Provide a recent financial statement (audited if possible). This will be considered a
confidential submission at contractor request.
Bonding Company Reference
Provide the name, address and phone number of the firm’s bonding agent. Provide a letter
from the bonding agent indicating the firm’s bonding capacity is adequate to undertake this
work.
Insurance Company
Provide the name, address and phone number of the firm’s insurance agent(s). Provide
certificate of insurance outlining coverage and policy limits. Provide statements to answer
the following questions. (See also Insurance Requirements in Section VI. Sample
Agreement).
1. Does coverage meet minimum project requirements?
2. Does coverage include builder’s risk?
3. Can this coverage be extended for work on this project?
4. Can coverage be increased?
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5. The City will need to be listed as an additional insured. This is a requirement for the
final contract.
6. Are there any current claims that will affect coverage limits available for this project?
Proposal Format
The following sections should not exceed 20 pages (double-sided) or 40 pages (single
sided) combined in length, with a minimum font size of 11 pt. Up to four of the pages may
be 11” x 17” if used for graphical presentation.
• Project Approach
• Cost Proposal and Approach to Unit Prices (Attachment 3 – Unit Price Cost Proposal
is not included in the page count)
• Quality Control and Contractor Performance
• Safety Record
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III. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers/Professionals will be evaluated on the following criteria. This set of
criteria will be the basis for review and assessment of the written proposals and optional
interview session. At the discretion of the City, interviews of the top-rated Service
Providers/Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
1.0 Assigned Project
Team
Does the proposed team have the necessary
skills and experience to fulfill the requirements of
the project, including alternate delivery? Is the
key staff available and committed to do the
work?
2.0 Firm Experience
Has the contractor worked on projects similar in
scope to this project? Does the contractor have
the experience necessary for this project? Does
the contractor have local experience? Has the
contractor worked in collaborative settings with
owners and designers, providing and
incorporating feedback in an iterative process to
improve the end result? Does the contractor
have a strong safety record? Does the
contractor develop strong working relationships?
Is the contractor’s experience supported with
strong references?
3.0
Cost Proposal and
Approach to Unit
Prices
Has the contractor presented detailed and
thorough assumptions and risk factors in its unit
price forms (Attachment 3 – Unit Cost Price
Proposal)? Has the contractor submitted
reasonable and competitive unit prices based on
current design assumptions? Is the contractor
willing to participate in “Open Book” negotiations
and does their approach to unit price
negotiations align with the City’s?
1.0
Quality Control and
Construction
Performance
Do the contractor’s past projects reflect
favorably in respect to schedule, cost and owner
satisfaction? Does the contractors Quality
Control procedures provide for a high-quality
and successful project?
3.0 Project Approach
Does the project approach present a well
thought out and constructible construction
phasing plan? Does the written project
approach reflect a good balance between
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construction efficiency, maintenance of traffic,
access to businesses and pedestrian access
during construction? Does the method of
construction and project approach provide a
strong approach to meeting and exceeding the
project schedule? Does the project approach
include meaningful and firm contractual
commitment to exceed the minimum
requirements of the contract in ways that are
beneficial to the project?
Reference evaluation process (top rated firm)
Below is the typical reference evaluation process for the City, however, the City reserves
the right to check references at any point after submittals are received.
After the interviews (if necessary) have been conducted, the evaluation committee will
select the top rated firm and the Project Manager may check references for overall
performance, timetable, completeness, budget and job knowledge of selected
project/references. A satisfactory/unsatisfactory rating shall be given to each reference
contacted. If references check out for the top firm, then the City of Fort Collins will work to
negotiate a contract for CMGC services with the top firm. If the top firm references do not
check out, then the selection committee will look to the second ranked firm and check their
references.
During this phase of the selection process, the City may also review and analyze the
financial statement(s) provided with the proposal to assign a satisfactory/unsatisfactory
rating.
QUALIFICATION STANDARD
Overall
Performance Would you hire this Contractor again?
Working
Relationship
Did you have a constructive, positive and collaborative
working relationship?
Timetable Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Completeness Was the Contractor responsive to client needs; did they anticipate
problems? Were problems solved quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge Did Contractor personnel exhibit the knowledge and skills
necessary for the efficient completion of the scope or work?
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IV. ATTACHMENTS
All attachments posted to Rocky Mountain E-Purchasing System as separate file and
titled “9509 CMGC Services for Laporte Avenue Bridge & Roadway Improvements
from Taft Hill Road to Grandview Avenue – Attachments 1 – 9.zip”.
ATTACHMENT 01: LAPORTE AVE BRIDGE & ROADWAY IMPROVEMENTS PLANS 30%
ATTACHMENT 02: STRUCTURE SELECTION REPORT LAPORTE AVE
ATTACHMENT 03: UNIT PRICE COST PROPOSAL LAPORTE BRIDGES CMGC
ATTACHMENT 04: CONTRACT PROVISIONS (GENERAL AND SPECIAL)
ATTACHMENT 05: GEOTECHNICAL INVESTIGATION REPORT
ATTACHMENT 06: UTILITY MAPPING PLAN
ATTACHMENT 07: UTILITY TEST HOLE REPORTS
ATTACHMENT 08: FHWA GRS IBS STANDARD DWGS SPECS 2011
ATTACHMENT 09: FHWA GRS IMPLEMENTATION GUIDE 2012
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V. ACKNOWLEDGEMENT
Service Provider/Professional hereby acknowledges receipt of the City of Fort Collins Request
for Proposal and acknowledges that it has read and agrees to be fully bound by all of the
terms, conditions and other provisions set forth in the RFP 9509 CM/GC Services for Laporte
Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue and
sample Agreement except as otherwise noted. Additionally, Service Provider/Professional
hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider/Professional’s knowledge and belief.
b. Service Provider/Professional commits that it is able to meet the terms provided in this
proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider/Professional further agrees that the method of award is acceptable.
e. Service Provider/Professional also agrees to complete the proposed Agreement with the
City of Fort Collins within 10 days of notice of award. If contract is not completed and
signed within 10 days, City reserves the right to cancel and award to the next highest rated
firm.
f. Service Provider/Professional acknowledges receipt of addenda.
g. Service Provider/Professional acknowledges no conflict of interest.
h. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Service Provider/Professional
hereby waives any and all claims for damages against the City for the City’s good faith
compliance with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for 9509
CM/GC Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill
Road to Grandview Avenue. The conditions set forth herein shall apply to all services
performed by the Service Provider on behalf of the City and particularly described in
Work Orders agreed upon in writing by the parties from time to time. Such Work
Orders, samples of which are attached hereto as Exhibit A & B, consisting of two (2)
and ( ) pages and incorporated herein by this reference, shall include a
description of the services to be performed, the location and time for performance, the
amount of payment, any materials to be supplied by the City and any other special
circumstances relating to the performance of services. A general scope of services is
attached hereto as Exhibit , consisting of ( ) pages, and
incorporated herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A & B to certain named third parties, Service Provider shall be
solely responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a
sample of which is attached hereto as Exhibit C, consisting of ( ) page(s),
and incorporated herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
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3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence and shall continue in full force
and effect until , unless sooner terminated as herein provided. In addition, at the
option of the City, the Agreement may be extended for additional one year periods not to
exceed ( ) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties only at the time of renewal. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of
such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least ten (10) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective immediately when
emailed or three business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Attn:
email address
City of Fort Collins
Attn: Tim Sellers
PO Box 580
Fort Collins, CO 80522
tsellers@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Service Provider shall submit a final
invoice within ten (10) days of the effective date of termination. Undisputed invoices shall
be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
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8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
, consisting of ( ) pages, and incorporated herein by this reference.
b. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager.
The cost of the work completed shall be paid to the Service Provider following the
submittal of a correct itemized invoice by the Service Provider. Payment shall be made
by the City only upon acceptance of the work by the City and upon the Service Provider
furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials,
and other costs incurred in connection with the performance of such work. The City is
exempt from sales and use tax. The City’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation
by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section
8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no
obligation to continue this Agreement in any fiscal year for which no such supporting
appropriation has been made.
10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in the Work Order, plus any extensions thereof allowed in accordance
with Article 12 of the General conditions. They also recognize the delays, expenses and
difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
11. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
12. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
13. Subcontractors/subconsultants. Service Provider may not subcontract any of the Work set
forth in the subsequent Work Orders without the prior written consent of the city, which shall
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not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the
subcontractor/subconsultant must be a reputable, qualified firm with an established record
of successful performance in its respective trade performing identical or substantially similar
work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms
of this Agreement, (c) the subcontract will not create any contractual relationship between
any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see
to the payment of any subcontractor/subconsultant, and (d) the work of the
subcontractor/subconsultant will be subject to inspection by the City to the same extent as
the work of the Service Provider.
14. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
16. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twenty-four (24) months from and
after final acceptance under the Work Order, regardless whether the same were
furnished or performed by Service Provider or by any of its
subcontractors/subconsultants of any tier. Upon receipt of written notice from City of
any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired, or replaced by Service Provider in a manner and at a time
acceptable to City.
17. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this Agreement, such party may be declared in default thereof.
18. Remedies. In the event a party has been declared in default, such defaulting party shall be
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allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this
Agreement affirms that they have the necessary authority to sign on behalf of their
respective party and to bind such party to the terms of this Agreement.
20. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever, brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit ,
consisting of ( ) page(s), attached hereto, and incorporated herein by this
reference. The Service Provider before commencing services hereunder shall deliver
to the City's Purchasing Director, purchasing@fcgov.com, P. O. Box 580, Fort Collins,
Colorado 80522 one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the city.
21. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties further agree that
Larimer County District Court is the proper venue for all disputes. If the City subsequently
agrees in writing that the matter may be heard in federal court, venue will be in Denver
District Court. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
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22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable
law.
23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to
2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless
of gender identity or gender expression), race, color, religion, creed, national origin,
ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This
requirement applies to all third-party vendors and their subcontractors/subconsultants at
every tier.
24. Prohibition Against Employing Workers Without Authorization. Pursuant to Section 8-17.5-
101, C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1) Service Provider does not knowingly employ or contract with a worker
without authorization who will perform work under this Agreement; and
2) Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the “e-Verify Program”) or the
Department Program (the “Department Program”), an employment
verification program established pursuant to Section 8-17.5-102(5)(c)
C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
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b. Service Provider shall not knowingly employ or contract with a worker without
authorization to perform work under this Agreement or knowingly enter into a
contract with a subcontractor/subconsultant that knowingly employs or contracts
with a worker without authorization to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while
this Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor/subconsultant
performing work under this Agreement knowingly employs or contracts with a worker
without authorization, Service Provider shall:
1) Notify such subcontractor/subconsultant and the City within three days that
Service Provider has actual knowledge that the subcontractor/subconsultant
is employing or contracting with a worker without authorization; and
2) Terminate the subcontract with the subcontractor/subconsultant if within
three days of receiving the notice required pursuant to this section the
subcontractor/subconsultant does not cease employing or contracting with a
worker without authorization; except that Service Provider shall not terminate
the contract with the subcontractor/subconsultant if during such three days
the subcontractor/subconsultant provides information to establish that the
subcontractor/subconsultant has not knowingly employed or contracted with
a worker without authorization.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement.
If this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such
breach.
25. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at
https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City of Fort Collins has implemented this manual
for all projects performed for the City of Fort Collins or located within the City of Fort Collins
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City limits.
26. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant
to CORA.
27. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of
( ) page(s), and Exhibit , Section 00700 General Conditions consisting of
fifty-three (53) pages.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM (Short form)
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE: CM/GC Services for Laporte Avenue Bridge & Roadway Improvements
from Taft Hill Road to Grandview Avenue
ORIGINAL BID/RFP NUMBER & NAME: 9509
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) pages are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Tim Sellers, Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
CONSTRUCTION WORK ORDER
FOR
9509 CM/GC Services for Laporte Avenue Bridge & Roadway
Improvements from Taft Hill Road to Grandview Avenue
WORK ORDER NO.
TITLED
(WORK ORDER TITLE)
DATE:
CONTRACTOR:
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TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
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SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
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SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO (CONTRACTOR OR CM/GC):
WORK ORDER # & TITLE:
PURCHASE ORDER:
ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge &
Roadway Improvements from Taft Hill Road to
Grandview Avenue
ENGINEER:
OWNER’S REPRESENTATIVE: Tim Sellers
NOTICE OF AWARD DATE:
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. You are hereby notified that your bid dated , for the above Work Order has
been considered. Pursuant to your AGREEMENT with OWNER dated , you have
been awarded a Work Order for this Work Order Description:
A. See Section 01100 – Summary of Work.
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance
and Payment Bonds and insurance are required.
3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date
for Substantial Completion of this Work Order is , and after Substantial Completion,
the date for Final Completion is .
4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expenses and difficulties involved in proving in a legal proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion: One Thousand Dollars and Zero Cents ($1,000.00) for
each calendar day or fraction thereof that expires after until the work is
Substantially Complete.
2) Final Acceptance: After Substantial Completion One Thousand Dollars and
Zero Cents ($1,000.00) for each calendar day or fraction thereof that expires
after the period for Final Payment and Acceptance until the Work is
ready for Final Payment and Acceptance.
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5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application
for Payment as recommended by ENGINEER, once each month during
construction as provided below. All progress payments will be on the basis
of the progress of the Work measured by the schedule of values
established in paragraph 2.6 of the General Conditions and in the case of
Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If , in the sole
discretion of Owner, on recommendation of Engineer, Owner determines
that the character and progress of the Work have been satisfactory to
OWNER and ENGINEER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed. 95% of materials and
equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the
application Section 00960.
5.1.2 Upon Substantial Completion payment will be made in an amount sufficient,
if necessary, to increase total payments to CONTRACTOR to 95% of the
Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
6. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this
Agreement, CONTRACTOR makes the following representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2 CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
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identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3 CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
7. CONTRACT DOCUMENTS.
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
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7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4 The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.5 There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners,
successors, assigns and legal representatives to the other party
hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, Agreement and obligations contained in the
Contract Document.
9. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and
accompanying amendments or supplements to the Contract Documents (except any
applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable
Drawings will be delivered separately or otherwise made available to you immediately. You
must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is, by .
A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order,
including all amendments or supplements to the Contract Documents incorporated
herein. Each Work Order must bear your signature as provided.
B. You must deliver with the executed Work Order the Contract Security (Bonds) and
insurance, as specified in the Agreement, this Work Order, the General Conditions
(Article 5.1) and the Supplementary Conditions.
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Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after
you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of
this Work Order with any amendments or supplements to the Contract Documents attached.
CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
CONTRACTOR agrees to perform the services identified above, in accordance with the terms
and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF
AWARD dated , between the parties. In the event of a conflict between or ambiguity in the
terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control.
CONTRACTOR:
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference and the attached Notice to Proceed is hereby given.
ACCEPTANCE: Date: _____
Tim Sellers, Projects Manager
OWNER: CITY OF FORT COLLINS
ACCEPTANCE: ___________________________________________ Date: __________
Kelly DiMartino, Interim City Manager
(if greater than $1,000,000)
ACCEPTANCE: ___________________________________________ Date: __________
Gerry Paul, Purchasing Director
(if greater than $60,000)
APPROVED AS TO FORM: __________________________________ Date: __________
ATTEST: ___ ________________________________________ Date: __________
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BID SCHEDULE
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SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge &
Roadway Improvements from Taft Hill Road to
Grandview Avenue
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Contract Documents covering
the above described Work have been fully executed by the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance and Payment Bonds and insurance have been
received by the OWNER. That the OWNER has approved the said Work Order and Contract
Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as required
by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , and ,
respectively.
Dated this _____________ day of ___________, _____.
CITY OF FORT COLLINS (OWNER)
By: ___________________________________________
___________________________________________
Name & Title
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ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________
day of ___________, _____.
(CONTRACTOR)
By: ___________________________________________
___________________________________________
Name & Title
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
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SECTION 00610
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 2 , for 9509 CM/GC
Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview
Avenue a copy of which is hereto attached and made a part hereof, for the performance of The
City of Fort Collins Work Order, titled , Work Order Number , dated the day
of , , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement
during the original term thereof, and any extensions thereof which may be granted by the
OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the
Principal shall satisfy all claims and demands incurred under such Work Order and Agreement,
and shall fully indemnify and save harmless the OWNER from all cost and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
RFP 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements
from Taft Hill Road to Grandview Avenue Page 6 of 124
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
RFP 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements
from Taft Hill Road to Grandview Avenue Page 7 of 124
SECTION 00615
PAYMENT BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , , for 9509 CM/GC
Services for Laporte Avenue Bridge & Roadway Improvements from Taft Hill Road to Grandview
Avenue, a copy of which is hereto attached and made a part hereof, for the performance of The
City of Fort Collins Work Order, titled , Work Order Number , dated the day of
, , a copy of which is hereto attached and made a part hereof.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Work Order and Agreement and any authorized extension or modification
thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and
tools, consumed, rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work to be performed thereunder or the Specifications accompanying the
same shall in any way affect its obligation on this bond; and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Work Order and
Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the
State of Colorado and be acceptable to the OWNER.
RFP 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements
from Taft Hill Road to Grandview Avenue Page 8 of 124
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which
shall be deemed an original, this _____ day of ___________, _____.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
RFP 9509 CM/GC Services for Laporte Avenue Bridge & Roadway Improvements
from Taft Hill Road to Grandview Avenue Page 9 of 124
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in
accordance with the following:
1. The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the
Contractor’s general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE:
DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE:
9509 CM/GC Services for Laporte Avenue
Bridge & Roadway Improvements from Taft Hill Road to Grandview Avenue
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE: OWNER: City of Fort Collins
CONTRACTOR:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Contract Documents, has been
inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER
and the project (or specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
_____________________________ By: __________________________ ________
PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
_____________________________ By: __________________________ ________
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on
. The responsibility for heat, utilities, security, and insurance
under the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE: ________________, _____
TO:
Gentlemen:
You are hereby notified that on the day of , , the City of Fort Collins, Colorado,
has accepted the Work completed by , for the City of Fort Collins Work Order, titled ,
Work Order Number under 9509 CM/GC Services for Laporte Avenue Bridge & Roadway
Improvements from Taft Hill Road to Grandview Avenue.
A check is attached hereto in the amount of $ as Final Payment for all Work done, subject
to the terms of the Contract Documents, including the Work Order, which is dated , and the
AGREEMENT, which is dated .
In conformance with the Work Order and Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following date:
___________________, _____.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name & Title
ATTEST: _________________________________________
___________________________________________
Name & Title
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway
Improvements from Taft Hill Road to Grandview Avenue
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction, design,
improvement, alteration, addition or repair of the above described project, against the
OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the buildings
on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various Subcontractors
or materialmen or their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or possible future mechanic's
liens or rights or claims against the project or any funds in the OWNER'S possession or
control concerning the project or against the OWNER or its officers, agents, employees or
assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any,
and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys fees,
incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material
bonds for the project.
Signed this ______ day of __________, ___.
CONTRACTOR:
By: ___________________________________________
___________________________________________
Name & Title
ATTEST:
_____________________________
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _________ day of __________, _____, by
________________________________________________________________.
Witness my hand and official seal.
My Commission Expires: ___________________________.
_________________________
Notary Public
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
WORK ORDER # & TITLE:
ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway
Improvements from Taft Hill Road to Grandview Avenue
CONTRACT DATE:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Contract between the OWNER and the
CONTRACTOR as indicated above, for the Work Order titled on bond of
, (Surety) _______________________________________
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER,
as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of
_________ _, _____.
____________________________________________
(Surety Company)
By: ________________________________________
(Name) Attorney-in-Fact
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins
Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below.
SC-1 DEFINITIONS
SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
1.38. Substantial Completion. .... Substantial Completion is further defined as that
degree of completion of the operating facilities or systems of the Project defined in the
Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous,
beneficial operation of the modifications, and all inspections required have been
completed and identified conditions corrected.
SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43.A. Work Order--A written document executed by OWNER and
CONTRACTOR that provides for the construction of a portion of the Work, pursuant
to the Agreement and all as required by the Contract Documents, and that becomes a
Contract Document when executed.
SC-2 PRELIMINARY MATTERS
SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
2.8. Preconstruction Conference. Within ten days after the Contract Times
for a Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be held to
establish a working relationship among the parties as to the Work and to discuss the
schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and
other submittals, processing Applications for Payment, and maintaining required
records.
SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General
Conditions:
2.10. Work Order Required for All Work. References to the Agreement in this
Article 2 and in the General and Supplementary Conditions and Contract Documents
notwithstanding, no Work shall be initiated or performed until CONTRACTOR has
received a signed and executed Work Order, incorporating the Notice to Proceed, from
OWNER; and no provision of this Article 2 or of the General and Supplementary
Conditions and Contract Documents shall permit or require any action of
CONTRACTOR in the absence of a signed and executed Work Order. All provisions
of this Article 2 and of the General and Supplementary Conditions and Contract
Documents referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as referencing and,
as appropriate, requiring a signed and executed Work Order.
SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the
General Conditions:
4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site have been utilized by the Engineer in preparation
of the Contract Documents, except the following:
SC-5 BONDS AND INSURANCE
SC-5.4.7. Include the following parties or entities as additional insureds, as provided in
paragraph 5.4.7 of the General Conditions:
5.4.7.1. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado
80522
5.4.7.2. .
SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the
General Conditions:
9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as follows:
For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B -
$100,000 / $100,000 / $500,000.
For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will
have limits of $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy
will have limits of $1,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations coverage /
product liability coverage with limits of $1,000,000 combined single limits (CSL). This
policy shall also include an Umbrella Excess Liability as follows: General liability and
automobile liability insurance in an amount not less than $1,000,000 per occurrence
in excess of the above stated primary limits.
SC-6 CONTRACTOR’S RESPONSIBILITIES
SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. The following Laws or Regulations are included in the Contract Documents
as mandated by statute or for the convenience of the CONTRACTOR. Other Laws
and Regulations apply which are not included herein, and are within the
CONTRACTOR's duty and responsibility for compliance thereto:
6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in
the vicinity of such facilities.
6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price
involved, or other good reason, before or at the time that the contract is awarded to a
corporation outside the State of Colorado, such corporation must carry out the proper
procedure to become authorized to do business in the State of Colorado, designate a
place of business therein, and appoint an agent for service of process.
Such corporation must furnish the OWNER with a certificate from the Secretary of
State of Colorado has been issued by its office and there shall also be procured from
the Colorado Secretary of State of photostatic or certified copy of the designated of
place of business and appointment of agent for service of process, or a letter from the
Colorado Secretary of State that such designation of place of business and agent for
service of process have been made.
6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the
Industrial Commission of Colorado. Particular reference is made to rules and
regulations governing excavation Work adopted by the Industrial Commission of
Colorado.
SC-11 CHANGE OF CONTRACT PRICE
SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed
by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee,
overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2,
and 11.6.2.3.
SC-12 CHANGE OF CONTRACT TIMES
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions:
12.3. .... Lost days due to abnormal weather conditions will be allocated as
required.
SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions:
14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in
proportion to the cumulative actual Cost of the Work as a percentage of the Allowable
Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall
be advanced to the Contractor for mobilization in the first progress payment.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER FORM
CHANGE ORDER NO.
CONTRACTOR:
WORK ORDER TITLE & NO. :
ORIGINAL BID/RFP # & TITLE: 9509 CM/GC Services for Laporte Avenue Bridge & Roadway
Improvements from Taft Hill Road to Grandview Avenue
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COSTS $ ________________
TOTAL APPROVED CHANGE ORDER(S) $ ________________
TOTAL PENDING CHANGE ORDER(S) $ ________________
TOTAL THIS CHANGE ORDER $ ________________
TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ %
TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ %
ADJUSTED CONTRACT COST $ ________________
(Assuming all change orders approved)
ACCEPTED BY: _____________________________________ DATE: ____________
Contractor's Representative
ACCEPTED BY: _____________________________________ DATE: ____________
Project Manager
REVIEWED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
Title:
APPROVED BY: _____________________________________ DATE: ____________
(Purchasing Agent if > $60,000)
cc: City Clerk Architect/Engineer
Finance Purchasing
Project Manager Contractor
SECTION 00960
PAYMENT APPLICATION
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00