HomeMy WebLinkAboutRFP - 9793 UTILITY INFRASTRUCTURE CONSTRUCTION
RFP #9793 Utility Infrastructure Construction Page 1 of 129
9793 UTILITY INFRASTRUCTURE CONSTRUCTION
RFP DUE 3:00 PM MT (OUR CLOCK), October 4, 2023
The City of Fort Collins is requesting proposals from qualified Contractors to provide construction
services on an as-needed basis for Utility Infrastructure Construction. The City intends to award
contracts to multiple qualified Contractors under this Request for Proposal (RFP) for small capital
projects with a total cost less than $300,000. Contractors awarded agreements from this RFP are
to be included in a pool of Contractors pre-qualified to bid on services for Utility Infrastructure
Construction. As projects are identified, awarded Contractors will have the opportunity to bid on
such project.
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 September 15, 2023. The pre-
proposal meeting will be hosted on-line via Zoom. Select or copy/paste the below link into your
browser for access to the meeting. Please be prepared to type your name, company name, and
email address and mute your microphone:
Join Zoom Meeting
https://us02web.zoom.us/j/82610907214?pwd=VXVQUCtGcmdnUEZ3RU9LTVZNenc3UT09
Meeting ID: 826 1090 7214
Passcode: 990306
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+12532158782,,82610907214#,,,,*990306# US (Tacoma)
Dial by your location
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All questions should be submitted, in writing via email, to Pat Johnson, CPPB, Senior
Buyer at pjohnson@fcgov.com no later than 3:00 PM MT on September 20, 2023. Please
format your e-mail to include: RFP #9793 Utility Infrastructure Construction 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.
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-
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 #9793 Utility Infrastructure Construction Page 2 of 129
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 Contractors 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 Contractors 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. Contractors may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, Contractors may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. 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 information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Contractors hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Contractor Registration: The City requires all Contractors 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 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
RFP #9793 Utility Infrastructure Construction Page 3 of 129
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 Contractors shall be required to sign the City’s Master Agreement prior to
commencing services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP #9793 Utility Infrastructure Construction Page 4 of 129
I. BACKGROUND & OVERVIEW
A. Overview
The City of Fort Collins (City) is requesting proposals from qualified Contractors to provide
construction services on an as-needed basis and emergencies for Utility Infrastructure
Construction. This RFP will be used as the basis for awarded Contractors to be included in a
pool of Contractor’s qualified to bid on services for (fill in service) in support of small capital
projects not to exceed $300,000. As projects are identified, awarded Contractors will have the
opportunity to bid on such project. The City makes no guarantee as to the number of projects
that may be awarded as a result of this RFP.
It is anticipated that the primary use of these construction services will be in the areas of
underground system improvements and rehabilitation for water distribution, wastewater
collection and stormwater management. Additional services may include site restoration,
concrete flatwork, pavement restoration, minor capital improvements, emergency repair
services, use of trenchless technology and other general construction services related to
Water Utility operations.
B. Background
Fort Collins is a vibrant community of approximately 168,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 57 square miles in
size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s
population includes over 37,000 college students.
City of Fort Collins Utilities (Utilities) is a municipal community-owned utility that provides
electric, water, wastewater, and stormwater services to approximately 87,000 residential and
commercial customers. More information about Fort Collins Utilities can be found at
fcgov.com/utilities.
Utilities has a dedicated annual budget that for the proactive replacement of aged or failing
Water Distribution and Wastewater Collections Infrastructure. These projects are
predominantly on the smaller 4” to mid size 12” size and are within existing right of way or
easements within the City of Fort Collins. Utilities has dedicated daytime and nighttime crews
to repair these pipe sizes but is looking to also include on-call repair services for larger
emergencies and/or to create redundancy with the existing response plans.
II. SCOPE OF PROPOSAL
A. Scope of Work
1. The following is a list of the types of services and projects to be performed which may
encompass replacement, rehabilitation, repair, improvement, and new construction.
While it identifies several services that are anticipated to be required, it may not be all
inclusive of the types of services to be performed.
a. Construction of new or rehabilitation or replacement of existing underground water
distribution system pipelines up to 20 inches in diameter;
b. Repair or replacement of water distribution, wastewater and stormwater
appurtenances such as but not limited to manholes, valves, water meters, air vacs,
fire hydrants, cathodic protection, etc.;
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c. Construction of new or rehabilitation or replacement of existing underground
wastewater collection system pipelines up to 15 inches in diameter and service
connections;
d. Construction of new or rehabilitation or replacement of existing stormwater
management systems including pipelines up to 24 inches, curb inlets, open channels,
and storage facilities;
e. General site work including clearing and grubbing, excavation of backfill, earth
moving, compaction, and soil disposal;
f. Pavement restoration including asphalt and concrete paving and patching, curb and
gutter removal and replacement, and general flatwork replacement;
g. Stream dredging, cleaning, and restoration services;
h. Installation of cathodic protection systems on new and existing underground
pipelines;
i. Emergency repair on-call services for water distribution pipelines, wastewater
collection pipelines and stormwater management facilities, in and out of the right-of-
way.
Construction services may include the following:
a. Construction schedule preparation;
b. Construction cost estimation;
c. Site supervision;
d. Applicable construction permits;
e. Stormwater management/management plan;
f. Site protection and security;
g. Traffic control;
h. Bypass pumping;
i. Groundwater management pumping;
j. Pavement demolition;
k. Concrete patching and paving;
l. Concrete flatwork;
m. Asphalt patching and paving;
n. Earthwork, clearing and grubbing, earth moving, backfill, compaction, disposal
o. Riprap installation;
p. Pipeline installation for water distribution, wastewater and stormwater collection;
q. Manhole and vault installations;
r. Use of trenchless technologies;
s. Warranty and management of project safety and quality control;
t. Other related services as mutually agreed by the parties.
The City intends to award contracts to two or more contractors to provide the services
outlined in this RFP. The resulting Agreement(s) will have an initial term of one (1) year and
may be extended at the City’s option for additional one year periods not to exceed two (2)
additional one year periods, subject to mutual agreement by both parties. At the City’s
discretion, it may choose not to incorporate one or more portions of the general scope of
services described in this RFPs into any contract(s) executed pursuant to this RFP.
Work will be on an as-needed basis with the Scope of Work to be defined, Work Orders
negotiated, and Purchase Orders issued prior to commencement of any work. The cumulative
total of each project associated with this RFP shall not exceed $300,000. Any project
exceeding a cumulative total of $300,000 requires prior written approval by the Purchasing
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Director and only after such exception has been determined to be in the City’s best interest.
2. Emergency Services
Emergency service Work Orders will be awarded on a Time & Materials not to exceed
basis. Emergency services can include any of the repairs in Section I above and may also
include services for water distribution pipelines, wastewater collection pipelines and
stormwater management facilities, in and out of the right-of-way.
The Contractors will occasionally be required to perform emergency work on weekends,
holidays and outside normal business hours of 7:00 am to 5:00 pm, Monday through
Friday. The Contractor will need to be reachable 24/7/365 days a year by calling one
common phone number. Contractor should have positive response within 30 minutes via
phone and initial mobilization to the site within two (2) hours of positive response.
III. GENERAL INFORMATION
A. Utility Master Agreement Requirements
Work Order Type Master Agreements will be awarded to multiple Contractors to support
small capital projects no greater than $300,000 on an as-needed basis. The Master
Agreements may also be utilized to support emergency repairs up to $100,000 unless
otherwise approved by the City.
The City intends to award to multiple Contractors under this RFP. The awarded
Contractor(s) shall sign the City’s Master Agreement, a sample of which is attached. The
Master Agreement will be effective for a period of one (1) year. At the option of the City,
the Master Agreement may be extended for up to two (2) additional one (1) year periods.
Renewals and pricing changes for subsequent extensions shall only be considered by the
City at the time of such Master Agreement renewal.
The Contractor shall propose any such changes in price at least forty-five (45) days prior
to the Master Agreement annual expiration date. Rate increases will be limited to a three
percent (3%) fixed annual escalation for all labor, equipment, materials, and
subcontractors. Written notice of renewal shall be provided to the Contractor and emailed
no later than thirty (30) days prior to the Master Agreement expiration date. No greater
than seven and one-half percent (7.5%) markup allowed on rental items, materials, or
subcontractors. Overhead, profit, insurance, bonds, general & administrative expenses,
shall be included in the unit prices.
As detailed in the sample Master Agreement, Construction Work Orders greater than
$100,000 require 100% performance and payment bonds. In addition, prior to Substantial
Completion, the City will withhold as contract retainage five percent (5%) of each progress
payment. Liquidated damages may also apply on a project-by-project basis.
The City intends to bid projects amongst all Contractors awarded an agreement but
reserves the right to request bids for individual projects from the pool of awarded
Contractors or assign Work Orders directly to an awarded Contractor at its sole discretion.
In addition, the City reserves the right to conduct independent competitive processes for
similar work at its sole discretion.
Work Orders will be created for each individual project, from start to finish, no phasing.
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See the Work Order section below for more detail. Awards from the bid will be based on
low price and the ability to meet the project schedule.
B. Work Order Procedure
Each project will utilize the City’s Work Order, included in the Master Agreement, which
incorporates the Master Service Agreement terms and conditions.
The Project Manager will initiate the Work Order by providing the Contractor with all the
pertinent information required, and available, to accurately bid the project. A site visit,
drawings, and other additional information may be provided to the Contractor to assist in
the process.
The Contractor shall provide all personnel, subcontractors, materials, equipment, and
supplies necessary to complete the requested Work. The City reserves the right to furnish
materials at its discretion. Work Order bid schedule/schedule of values pricing
shall be based on the Bid Schedule provided by the Contractor during the RFP process
and incorporated into the Master Agreement; however the Contractor may elect to
propose pricing which is more competitive that the Master Agreement on individual project
Work Order proposals. In the event a service is requested which requires specialty labor
or equipment which is not stated in the Master Agreement Bid Schedule, the Contractor
will propose pricing. For such items, the City reserves the right to negotiate such proposed
unit price(s) with the low bidder prior to the City awarding the Work Order to the
Contractor.
Each Work Order will include a start and completion date, bid schedule/schedule of
values, total cost with details supporting the total cost, and a general summary of Work.
Supporting documentation could include, but is not limited to, the project schedule,
deliverables, cost details supporting total project cost to include hourly labor rates,
equipment rates, material quotes as required, and subcontractor quotes as required.
Rental equipment costs and estimated hours should be included in Work Orders if
applicable. All pricing is to be on a not to exceed, time and materials unit cost basis,
invoiced based upon actual quantities utilized.
The awarded Contractor(s) will receive a Purchase Order and Work Order from the City
authorizing work under this Agreement. Contractor should not begin any Work prior to
receipt of the Purchase Order and signed Work Order. No Work Order will be considered
valid until signed, at a minimum, by the Contractor, Project Manager, and Purchasing
Department representative. Depending upon the cost and nature of the Work, additional
signature authorization may be required.
Work Orders will be created for each individual project, from start to finish, no phasing will
be permitted. 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 sample
agreement) and will not be considered valid until signed, at a minimum, by the Contractor,
Project Manager, and Purchasing Department representative.
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.
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• RFP issuance: September 8, 2023
• Pre-Proposal Meeting: September 15, 2023 at 9:00 AM MT
• Question deadline: 3:00 PM MT on September 20, 2023
• Final Addendum Issued: September 25, 2023
• Proposal due date: 3:00 PM MT on October 4, 2023
• Interviews (tentative): October 23 & 24
D. Interviews
In addition to submitting a written proposal, the top-rated Contractors 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 V.
E. Subcontractors/Subconsultants
Contractors will be responsible for identifying any subcontractors and/or subconsultants in
their proposal. Please note that the City will contract solely with the awarded Contractor(s);
therefore, subcontractors and/or subconsultants will be the responsibility of the
Contractor(s).
F. Financial Qualifications (May be kept Confidential)
Contractor(s) 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”).
G. 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. All Work shall be performed in accordance with
applicable ANSI, OSHA, or AWWA standards.
1. The City’s Development Construction Standards shall be followed for all projects.
The standards can be accessed via the following link:
https://www.fcgov.com/utilities/img/site_specific/uploads/water_wastewater_construct
ion_standards.pdf?1551818062.
2. Dust Control. The Contractor 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 has implemented this manual for all projects
performed for the City or located within the City of Fort Collins City limits.
H. Fees, Licenses, Permits
The successful Contractor(s) shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All vehicles and equipment shall be
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properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
The CONTRACTOR and all subcontractors will be required to have a City of Fort Collins
Right of Way (ROW) License, prior to the start of construction and throughout the project
duration.
I. Laws and Regulations
The Contractor agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include the American Disabilities
Act (ADA). The Contractor further agrees to comply fully with the Occupational Safety and
Health Act, all regulations issued there under, and all state laws and regulations enacted
and adopted pursuant thereto.
J. Invoicing and Payment
Invoices (Application for Payment) should be emailed monthly to invoices@fcgov.com with
a copy to the Project Manager. The cost of the work completed shall be paid as progress
payments to the Contractor each month following the submittal of a correct Application for
Payment by the Contractor 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
Contractor and the City will negotiate an appropriate unit price for the Work prior to the
Contractor initiating 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 request.
The City pays invoices on Net 30 terms from the date of the invoice.
K. Warranty
Contractor warrants all equipment, materials, labor and other work, provided under this
Master Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship for a period beginning with
delivery and ending twenty-four months (24) months from and after final acceptance under
the Master Agreement regardless whether the same were furnished or performed by
Contractor or by any of its subcontractors of any tier. Warranty for installation and
workmanship 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 Contractor in a manner and at a time acceptable to City.
L. Standard of Conduct
The successful Contractor shall be responsible for maintaining satisfactory standards of
employees' competency, conduct, courtesy, appearance, honesty, and integrity, and
shall be responsible for taking such disciplinary action with respect to any employee, as
may be necessary.
The City may request the successful Contractor to immediately remove from this
assignment any employee the City identifies to be unfit to perform duties due to one or
more of the following reasons:
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1. Neglect of duty.
2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation
by words or actions or fighting.
3. Theft, vandalism, immoral conduct or any other criminal action.
4. Selling, consuming, possessing, or being under the influence of intoxicants,
including alcohol, or illegal substances while on assignment for the City.
5. Acting in an unsafe manner
All City owned or operated facilities and their grounds are non-smoking sites. All City
parks, trails and natural areas are also non-smoking.
Agents and employees of Contractor(s) working for the City shall present a clean and
neat appearance. Prior to performing any work for the City, Contractor(s) shall require
each of their employees to wear ID badges or uniforms identifying: Contractor by name,
the first name of their employee and a photograph of their employee if using an ID
badge. Their employee shall wear or attach the ID badge to the outer garments at all
times.
M. Accident Reporting
Any incident/accident resulting in damage to property or causing personal injury within
the limits of a work site shall be immediately reported to the appropriate police agency,
other required agencies, Project Manager and the City of Fort Collins Safety and Risk
Management Department.
The Contractor shall immediately contact the Project Manager when damage to an
underground facility is identified. If a natural or propane gas line is damaged, the
Contractor must call 911 prior to notifying the City Representative. The Contractor shall
not backfill around the underground utility line until the Project Manager has repaired the
damage and has given clearance to backfill. The City will not pay the Contractor for
labor, vehicles, material, or equipment or any other cost associated with the repair to any
at-fault damage. Failure to comply may result in a verbal warning, suspension of the
crew, loss of work, and/or termination of the Master Agreement.
N. Safety Practices, Safety Documentation and Training
Contractor(s) shall comply with all engineering, safety, and operating requirements
concerning installation of equipment in, on or around utility facilities; obtaining access
facilities; and adhering to operating rules and requirements involving safe contact with
utility equipment and water, gas and power lines, and confined spaces. Contractor(s)
shall adopt Utility's minimum safety standards as the baseline requirements.
Contractor(s) safety record will be evaluated by the evaluation team as an element of
determining whether the Contractor(s) is responsible. Contractor(s) whose safety record
is above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable
Incident Rate (TRIR) will be reviewed in depth and may be deemed ineligible to be
considered for an award at the City’s sole discretion.
Contractor(s) shall complete the attached Contractor Safety Form, EXHIBIT A.
O. Unsatisfactory Operations
Should it be necessary to halt the work because of incorrect or unsatisfactory operations
under the terms of the awarded contract or because of failure to follow safety standards
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applicable hereto, the Contractor must take immediate steps to remedy the deficiencies.
Should repair or correction of any safety defect or deficiency not be immediately
undertaken and should the City be required to protect the site or make the repair or
correction, the cost of such work shall be deducted from payment due the Contractor.
IV. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty-five (25) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgment form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Contractors are required to provide detailed written responses to the following items in the
order outlined below. It is suggested that the Contractor include each of the City’s questions
with their response. The responses shall be considered technical offers of what the Contractor
proposes to provide and shall be incorporated in the contract award as deemed appropriate
by the City. A proposal that does not include all the information required may be deemed non-
responsive and subject to rejection.
The City shall not reimburse any Contractor for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Contractor Information
1. Describe the Contractors business and background to include an overview of services
offered.
2. Number of years in the business
3. Details about ownership
4. Size of the Contractors firm
5. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
6. Have you or a firm for which you were a principal ever failed to complete any Work
awarded to you? If so, where and why?
7. Has the firm ever defaulted on a contract? If yes, please explain.
8. Is the firm debarred by any government agency? If yes, list agency name.
9. What amount of credit does the firm have available?
10. Please provide a bank reference.
11. Are any lawsuits pending against you, the firm or any of its principals at this time? If
yes, provide detail.
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C. Firm Capability & Experience
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall also be provided in this section.
Resumes shall be limited to one (1) page each.
2. Detail your firm’s experience in the areas of underground system improvements and
rehabilitation for water distribution, wastewater collection and stormwater management.
3. References. Provide a minimum of three similar projects with public agencies in the
last 5 years (not to include the City of Fort Collins) that have involved the staff and
subcontractors/subconsultants proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, subconsultants on the team and a brief description of the work and any change
orders. The Contractor authorizes the City to verify any and all information contained
herein and hereby releases all those concerned providing information as a reference
from any liability in connection with any information provided.
4. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. The résumés shall include at least three individual references from
previous assignments.
5. Provide any information that distinguishes the Contractor from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Contractor’s proposal.
6. Contractor(s) shall complete the attached Contractor Safety Form, EXHIBIT A.
7. Do the CONTRACTOR and all subcontractors have a City of Fort Collins Right of Way
(ROW) License or the ability to obtain one?
D. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the Contractor would potentially manage several projects at different
sites and with different levels of expertise required to ensure each project’s timely
and professional completion.
3. Include a list of equipment available for use on City projects.
4. Describe the methods and timeline of communication the Contractor will use with the
City’s Project Manager and other parties.
5. Describe the scheduling software the Contractor typically uses for sequencing tasks
and scheduling materials and equipment.
6. Describe the way in which the Contractor develops and maintains project schedules
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for projects. Please also address how the Contractor works to overcome challenges.
7. Provide details on the Contractor’s commitment to quality and attention to detail.
Explain the processes your team will use to assure delivery of a high quality finish
product.
8. Include a description of the software and other analysis tools utilized for project cost
estimation.
9. Identify what types of work and services, if any, may be subcontracted.
10. Is the Contractor able to respond within two (2) hours, 24/7 for an emergency?
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe the Contractor’s commitment
to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how the Contractor strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success by the Contractor.
2. Also provide examples of how the Contractor has incorporated all three aspects of
TBL sustainable practices in previous similar projects on which the Contractor has
been the prime Contractor.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout the
Contractor’s workplace, including leadership, and supply chain. Examples of
this may be demonstration of working within cultural and language gaps,
development of diversity programs, diverse project teams, equitable
opportunity vendor supply chain, and how the Contractor has applied an
equity lens to processes such as recruitment, hiring, purchasing, career
pathways, salaries, and staff engagement.
F. Sample Project
The Sample Project requirement is meant to demonstrate the Contractor’s process and
approach for the work and includes building a cost estimate and developing a
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corresponding schedule.
Using one of the references provided in the Contractor Capability and Assigned Personnel
section, provide an outline of one project from start to finish.
1. Provide a listing of the tasks undertaken during that project.
2. Provide an outline of the schedule for completing tasks and personnel involved.
3. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
4. Cost: Provide the total project cost for the work. Include detail showing milestones,
hours, hourly rates, and the same for subcontractors.
5. Provide a narrative of the services for the Sample Project to describe what you have
included in the scope, state assumptions used to build the costs and schedule,
identify potential issues/risks, sequences, means/methods, materials, equipment
used, etc. Also include whether or the not the project was completed on time and/or
within the original proposed cost. If not completed on time and/or within budget,
please explain why not.
G. Cost
In your response to this proposal, please provide the following:
1. Rate Schedule: Provide a schedule of billing rates by category of employee and job
title, and equipment to be used during the first year of the Master Agreement.
2. A separate schedule for after-hours/emergency and overtime should also be included.
Standard operating hours are expected to be between 7:00 AM MT and 5:00 PM MT
During this time period overtime rates will not apply.
3. This Rate Schedules will be firm for at least one (1) year from the date of the Master
Agreement. Escalation for future years will be fixed at three percent (3%) per year for
all labor, equipment, materials, and subcontractor rates. Markup for subconsultants,
rental equipment and any materials shall not exceed seven and a half percent (7.5%).
Overhead, profit, insurance, bonds, general & administrative expenses shall be
included in the line item of the rate schedule.
H. Sample Agreement
Included with this request for proposals is a sample of the Master Agreement that the City
intends to use for obtaining the services of the Contractor(s). The Contractor(s) is required
to review this Master Agreement and indicate any objections to the terms of the contract.
If revisions to the contractual terms are requested, provide suggested revisions.
I. Acknowledgment
The Acknowledgment form is attached as Section VI. Complete the attached form
indicating the Contractor hereby acknowledges receipt of the City of Fort Collins Request
for Proposal and acknowledges that the Contractor has read and agrees to be fully bound
by all the terms, conditions and other provisions set forth in the RFP.
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V. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Contractors 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 Contractors 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.
CRITERIA
NUMBER
EVALUATION CRITERIA WEIGHTING FACTOR
1 FIRM CAPABILITY AND EXPERIENCE 55%
2 SCOPE OF PROPOSAL 15%
3 COST 15%
4 SAMPLE PROJECT 10%
5 SUSTAINABILITY/TBL METHODOLOGY 5%
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VI. ACKNOWLEDGMENT
Contractor 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 #9793 Utility Infrastructure Construction and sample
Master Agreement except as otherwise noted. Additionally, Contractor 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
Contractor’s knowledge and belief.
b. Contractor 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 ninety (90) days from the date
hereof.
d. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Master 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 Contractor.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. 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. Contractors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Contractors may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. All pricing will be considered public records subject to
disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC
VIEWING” version of the proposal. 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
information and financial data information may not be disclosed by the City. Proposals
may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this
RFP, Contractors hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract
resulting from this request for proposal will be public information.
Contractor’s Legal Name:
Physical Address:
Remit to Address:
Name of Authorized Agent of the Contractor:
Email of Authorized Agent:
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Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP #9793 Utility Infrastructure Construction Page 18 of 129
VII. SAMPLE MASTER AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)
SERVICES AGREEMENT
CONSTRUCTION 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 , a(n) (ENTER STATE) corporation, hereinafter referred to as
"Contractor".
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 .
The conditions set forth herein shall apply to all services performed by the Contractor
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) pages 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, Contractor 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 Contractor pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the
Contractor.
3. Time of Commencement and Completion of Services. The services to be performed
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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. At the option of the
City, the Agreement may be extended for up to two (2) additional one (1) year periods.
Renewals and pricing changes for subsequent extensions shall only be considered by the
City at the time of such Agreement renewal. The Contractor shall propose any such
changes in price at least forty-five (45) days prior to Agreement expiration. Rate increases
will be limited to three percent (3%) per year. Written notice of renewal shall be provided to
the Contractor and emailed no later than thirty (30) days prior to the Agreement expiration
date. No greater than seven and one-half percent (7.5%) markup allowed on rental items,
materials or subcontractors. Overhead, profit, insurance, bonds, general & administrative
expenses shall be included in the line items of the Unit Pricing Sheet.
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 Contractor 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. 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 Contractor. 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.
In the event of early termination by the City, the Contractor shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Contractor's obligations under this Agreement. Contractor 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 Contractor's sole right and
remedy for such termination.
7. Notices. 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:
Contractor: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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email address email address email address
5. 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.
8. Payments.
a. The City agrees to pay and the Contractor 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 City Representative.
The cost of the work completed shall be paid to the Contractor following the submittal of
a correct itemized invoice by the Contractor. Payment shall be made by the City only
upon acceptance of the work by the City and upon the Contractor 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 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 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 will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
for contract interpretations, change orders, and other clarification or instruction shall be
RFP #9793 Utility Infrastructure Construction Page 21 of 129
directed to the City Representative.
The initial City Representative for this agreement is project manager's name, email and phone
#. The Representative is subject to change by the City.
12. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Contractor 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. Contractor may not subcontract any of the Work set forth
in the subsequent Work Orders without the prior written consent of the city, which shall 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 Contractor.
14. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Contractor and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Contractor 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. Contractor 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. Contractor warrants all equipment, materials, labor and other work, provided under this
Agreement, except City-furnished materials, equipment and labor, against defects and
RFP #9793 Utility Infrastructure Construction Page 22 of 129
nonconformances in design, materials and workmanship/workwomanship for a period,
the longer of, i.) The original manufacturer’s warranty term; or ii.) beginning with the start
of the work and ending twenty-four (24) months from and after final acceptance under
the Agreement, regardless of whether the same were furnished or performed by
Contractor or by any of its subcontractors 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 Contractor 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
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 Contractor 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 Contractor shall take all necessary precautions in performing the work hereunder
to prevent injury to persons and property.
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c. Without limiting any of the Contractor's obligations hereunder, the Contractor 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 Contractor 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.
22. Utilization by Other Agencies. [Optional] 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. Nothing herein shall be deemed to
authorize or empower the Agency to act as an agent for the City of Fort Collins in connection
with the exercise of any rights hereunder, and neither party shall have any right or authority
to assume or create any obligation or responsibility on behalf of the other. The other Agency
shall be solely responsible for any debts, liabilities, damages, claims, or expenses incurred
in connection with any agreement established between them and the Contractor. The City’s
concurrence hereunder is subject to the Contractor’s commitment that this authorization
shall not have a negative impact on the work to be completed for the City.
23. 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.
24. 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.
RFP #9793 Utility Infrastructure Construction Page 24 of 129
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.
25. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics,
incendiarism, interference by civil or military authorities, compliance with regulations or
orders of military authorities, and acts of war (declared or undeclared), provided such cause
could not have been reasonably foreseen and guarded against by the defaulting
Party. Force majeure shall not include increases in labor, commodity, utility, material,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Contractor must provide written
notice to the City of such condition within ten (10) days from the onset of such condition.
26. Dust Control. The Contractor 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
City limits.
27. 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.
28. 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. In the event of any conflict between the main body of this
Agreement and the Special Provisions (or any other exhibit or attachment to this
RFP #9793 Utility Infrastructure Construction Page 25 of 129
Agreement), the main body of the Agreement shall control.
[Signature Page Follows]
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
CONTRACTOR'S NAME
By:
Printed:
Title:
Date:
RFP #9793 Utility Infrastructure Construction Page 26 of 129
EXHIBIT A
WORK ORDER FORM (Short form)
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
CONTRACTOR'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City
PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Contractor 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 City will designate, prior to commencement of the work, its representative who shall make,
within the scope of his or her authority, all necessary and proper decisions with reference to the
services provided under this agreement. All requests for contract interpretations, change orders,
and other clarification or instruction shall be directed to the City Project Manager. The initial City
Project Manager for this agreement is enter name, email, phone. The Project Manager is subject
to change by the City.
Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
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.
RFP #9793 Utility Infrastructure Construction Page 27 of 129
CONTRACTOR: Contractor's Name
By: Date:
Name: Title:
OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference.
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
APPROVED AS TO FORM: Date:
Name,City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Name, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
RFP #9793 Utility Infrastructure Construction Page 28 of 129
EXHIBIT B
WORK ORDER FORM (Construction over $100,000)
FORT COLLINS UTILITIES
CONSTRUCTION WORK ORDER
PROJECT TITLE
WORK ORDER NO. PM'S TRACKING #
CONTRACTOR: Company Name
RFP #9793 Utility Infrastructure Construction Page 29 of 129
TABLE OF CONTENTS
AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00651 Lien Waiver Release (SUBCONTRACTOR/SUBCONSULTANT)
00660 Consent of Surety
00670 Application for Exemption Certificate
00900 Addenda, Modifications and Payment
00950 Work Order Change Order Form
00960 Application for Payment
ADDITIONAL DOCUMENTS
Attachment A DRAWING INDEX
RFP #9793 Utility Infrastructure Construction Page 30 of 129
SECTION 00500
CONSTRUCTION WORK ORDER AGREEMENT FORMS
00525 Work Order, Notice of Award & Bid Schedule
00530 Work Order Notice to Proceed
RFP #9793 Utility Infrastructure Construction Page 31 of 129
SECTION 00525
WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE
TO: Company Name
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or can
be City PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
NOTICE OF AWARD DATE: Date of this Document
OWNER: City of Fort Collins (hereinafter referred to as OWNER)
1. WORK. Pursuant to your MASTER AGREEMENT with OWNER dated Original
Contract Date, and your Work Order Proposal dated Date of Quote, you have been
awarded a Work Order for Project Title.
PROJECT DESCRIPTION & SITE LOCATION:
2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is
Written Dollar Amount ($Numerical Dollar Amount). Pursuant to the AGREEMENT and
the Work Order Documents, Performance and Payment Bonds and insurance are
required.
Pricing stated on this Work Order shall be consistent with the pricing in the Master
Agreement or subsequent renewals as of the Work Order commencement date and will
be held firm through completion of this Work Order.
3. CONTRACT TIMES. Pursuant to the MASTER AGREEMENT and the Work Order
Documents, the date for Substantial Completion of this Work Order is Date, and after
Substantial Completion, the date for Final Completion is Date.
4. PROJECT MANAGER. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests for contract interpretations, change orders, and other clarification or instruction
shall be directed to the Project Manager.
The initial Project Manager for this agreement is (ENTER NAME, EMAIL, PHONE). The
Project Manager is subject to change by the City.
RFP #9793 Utility Infrastructure Construction Page 32 of 129
5. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Work Order 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: Written Dollar Amount ($Numerical Dollar Amount) for
each calendar day or fraction thereof after Date until the work is Substantially
Complete.
2) Final Acceptance: After Substantial Completion, Written Dollar Amount
($Numerical Dollar Amount) for each calendar day or fraction thereof after XX
number of calendar days until the Work is ready for Final Payment and
Acceptance.
6. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be
processed by OWNER.
PROGRESS PAYMENTS. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Application for Payment, 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.
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 OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole
discretion of Owner, Owner determines that the character and progress of the Work
have been satisfactory to OWNER, 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.
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 OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or
as provided by law.
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 provided
RFP #9793 Utility Infrastructure Construction Page 33 of 129
in said paragraph 14.13.
7. EXECUTION. Work Order Documents must be executed in DocuSign within fifteen (15)
calendar days of the date of this Notice of Award. Contractor shall attach Payment and
Performance Bonds and Certificate of Insurance (COI) to the Work Order Documents in
DocuSign. In addition, one original set of executed Bonds and COI shall be provided to
the Buyer.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Work Order Proposal abandoned and to annul this Work Order & Notice of
Award.
CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION:
CONTRACTOR agrees to perform the services identified above, in accordance with the terms
and conditions contained herein, the MASTER AGREEMENT, and the NOTICE OF AWARD
between the parties. In the event of a conflict between or ambiguity in the terms of the MASTER
AGREEMENT or specific Work Orders, the MASTER AGREEMENT shall control.
CONTRACTOR: Company Name
By: Date:
Name: Title:
RFP #9793 Utility Infrastructure Construction Page 34 of 129
OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Documents are hereby accepted and incorporated herein by
this reference.
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
REVIEWED: Date:
Name, Purchasing Manager
APPROVED AS TO FORM: Date:
Name,City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Kendall Minor, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Kelly DiMartino, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
RFP #9793 Utility Infrastructure Construction Page 35 of 129
BID SCHEDULE
Insert Work Order Quote/Proposal Here
RFP #9793 Utility Infrastructure Construction Page 36 of 129
SECTION 00530
WORK ORDER NOTICE TO PROCEED
NOTICE TO PROCEED DATE:
WORK ORDER TITLE:
WORK ORDER NUMBER:
TO:
Attn:
This notice is to advise you:
That the Work Order and all amendments and supplements to the Work Order 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
Work Order 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
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Work Order Notice to Proceed is hereby acknowledged this Day day of
Month, Year.
(CONTRACTOR)
By: ___________________________________________
Name, Title
RFP #9793 Utility Infrastructure Construction Page 37 of 129
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/SUBCONSULTANT)
00660 Consent of Surety
00670 Application for Exemption Certificate
RFP #9793 Utility Infrastructure Construction Page 38 of 129
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 Master Agreement with the OWNER, dated the Day day of Month, Year, 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 Project Title, Work Order Number PM's Tracking #, dated Work Order
Date, 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 Master
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 Master
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 Master
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 Master
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 #9793 Utility Infrastructure Construction Page 39 of 129
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 Work Order. If CONTRACTOR is
Partnership, all partners should execute Bond.
RFP #9793 Utility Infrastructure Construction Page 40 of 129
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 Master Agreement with the OWNER, dated the Day day of Month, Year, 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 Project Title, Work Order Number PM's Tracking #, dated Work Order
Date, 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/subconsultants, and corporations furnishing materials for or performing labor in
the prosecution of the Work provided for in such Work Order and Master 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/subconsultant 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 Master
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 Master
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 #9793 Utility Infrastructure Construction Page 41 of 129
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 Work Order. If CONTRACTOR is
Partnership, all partners should execute Bond.
RFP #9793 Utility Infrastructure Construction Page 42 of 129
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall submit Certificate of Insurance in compliance with the Work Order
Documents.
RFP #9793 Utility Infrastructure Construction Page 43 of 129
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) PROJECT TITLE:
DATE OF SUBSTANTIAL COMPLETION: LOCATION: Fort Collins, Colorado
OWNER: City of Fort Collins
PROJECT OR SPECIFIED PART SHALL CONTRACTOR:
INCLUDE:
WORK ORDER DATE:
The Work performed under this Work Order, pursuant to the Work Order 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 Work Order 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 Work Order Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS ________ By: __________________________ ________
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: _________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
RFP #9793 Utility Infrastructure Construction Page 44 of 129
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
DATE:
TO:
You are hereby notified that on the Day day of Month, Year, the City of Fort Collins, Colorado,
has accepted the Work completed by Company Name, for the City of Fort Collins Work Order,
titled Project Title, Work Order Number PM's Tracking #.
Your continuing obligations and guarantees for the Project will be as provided in the Work Order
and Work Order Documents.
Sincerely,
City of Fort Collins
OWNER
By: ___________________________________________
___________________________________________
Name, Title
RFP #9793 Utility Infrastructure Construction Page 45 of 129
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Company Name (CONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
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/subconsultants 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/subconsultants, 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 attorney’s 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.
RFP #9793 Utility Infrastructure Construction Page 46 of 129
Signed this ______ day of __________, ___.
CONTRACTOR: Company Name
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
RFP #9793 Utility Infrastructure Construction Page 47 of 129
SECTION 00650
LIEN WAIVER RELEASE
(SUBCONTRACTOR/SUBCONSULTANT)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Company Name (SUBCONTRACTOR)
WORK ORDER TITLE:
WORK ORDER NUMBER:
1. The subcontractor/subconsultant acknowledges having received payment from the
CONTRACTOR for all work, labor, skill, and material furnished, delivered and performed by
the subcontractor/subconsultant for the CONTRACTOR 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 subcontractor/subconsultant
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 subcontractor/subconsultant 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 CONTRACTOR or its officers, agents, employees or assigns,
against the project or against all land and the buildings on and appurtenances to the land
improved by the project.
3. The subcontractor/subconsultant 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
subcontractor/subconsultant or its agents, employees, and servants, or by and through the
subcontractor/subconsultant by various sub-subcontractors/subconsultants 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 against the CONTRACTOR or its officers, agents, employees
or assigns arising out of the project.
4. The subcontractor/subconsultant agrees to defend and hold harmless the CONTRACTOR,
the lender, if any, and the Surety on the project against and from any claim hereinafter made
by the subcontractor/subconsultant's sub-subcontractors/subconsultants, materialmen,
employees, servants, agents or assigns against the project or against the CONTRACTOR
or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of
the project for all loss, damage and costs, including reasonable attorney’s 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 CONTRACTOR, OWNER, the lender, if any, and Surety on any
RFP #9793 Utility Infrastructure Construction Page 48 of 129
labor and material bonds for the project.
Signed this ______ day of _________, ___.
SUBCONTRACTOR/SUBCONSULTANT:
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
RFP #9793 Utility Infrastructure Construction Page 49 of 129
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: Company Name
TITLE:
WORK ORDER NUMBER:
WORK ORDER DATE:
In accordance with the provisions of the Work Order and Master Agreement between the OWNER
and the CONTRACTOR as indicated above, for the Work Order titled Work Order Project Title 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.
RFP #9793 Utility Infrastructure Construction Page 50 of 129
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
RFP #9793 Utility Infrastructure Construction Page 51 of 129
RFP #9793 Utility Infrastructure Construction Page 52 of 129
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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) and other provisions of the Contract Documents as indicated below.
SC-1.38 Definitions
A. Add the following language to the conclusion of paragraph 1.38 of the General Conditions:
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 Work Order
A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43 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-2.8 Preliminary Matters
A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
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 Work Order
A. 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,
RFP #9793 Utility Infrastructure Construction Page 54 of 129
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-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
[Report Title, Report #, Author, Date]
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
B. 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:
[Report Title, Report #, Author, Date]
SC-5.4.7 Additional Insureds. 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, PO Box 580, Fort Collins, Colorado 80522
5.4.7.2 [Other Party Name, Address, City, State, Zip]
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage for
RFP #9793 Utility Infrastructure Construction Page 55 of 129
Explosion, Collapse, and Underground coverage unless waived by the
Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product liability
coverage with limits of $1,000,000 combined single limits (CSL).
SC-6.14.3 Contractors Responsibilities
A. 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-8.10 OWNER’s Project Manager
A. Add the following language to ARTICLE 8:
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8.10. The OWNER will provide a Project Manager. The CONTRACTOR
shall direct all questions concerning Contract interpretation,
Change Orders, and other requests for clarification or instruction to
the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The Project
Manager shall have the authority set forth in the OWNER's Capital
Project Procedures Manual. The Project Manager shall have the
authority to reject work and materials whenever such rejection may
be necessary to ensure the proper performance of the Work in
accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and quality
of the Work and to determine, in general, if the Work is proceeding
in accordance with the Contract Documents. The Project Manager
shall not be required to make comprehensive or continuous
inspections to check the progress or quality of the Work. The
Project Manager shall not be responsible for construction means,
methods, techniques, sequences, or procedures, or for safety
precautions or programs in connection with the Work, or for any
failure of the Contractor to comply with laws and regulation
applicable to the performance or furnishing of the Work. Visits and
observations made by the Project Manager shall not relieve the
CONTRACTOR of his obligation to conduct comprehensive
inspections of the Work, to furnish materials and perform
acceptable Work, and to provide adequate safety precautions in
conformance with the Contract Documents. The Project Manager
shall at all times have access to the Work. The CONTRACTOR
shall provide facilities for such access so the Project Manager may
perform his or her functions under the Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation of
the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or have control or
authority over, nor be responsible for, CONTRACTOR's means,
methods, techniques, sequences or procedures of construction or
the safety precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work. The RCI
will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents. The
RCI's dealings in matters pertaining to the on-site work will be to
keep the Project Manager properly apprised about such matters.
8.10.4 Communications: All instructions, approvals, and decisions of the
Project Manager shall be in writing. The CONTRACTOR may not
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rely on instructions, approvals, or decisions of the Project Manager
until the same are reduced to writing.
SC-11.6.2 Change of Contract Price
A. 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-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule ( ) days lost due to
abnormal weather conditions.
SC-13.12 Correction Period:
13.12.1 If within one year after the date of Substantial Completion or such longer
period of time as may be prescribed by Laws or Regulations or by the terms
of any applicable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, and Work is found
to be defective, CONTRACTOR shall promptly, without cost to OWNER
and in accordance with OWNER’s written instructions . . .
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Change Order
00955 Work Change Directive
00960 Application for Payment
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SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR: [Contractor]
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide description of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
CONTRACTOR: Company Name
By: Date:
Name: Title:
ACCEPTED: Date:
City PM Name, Title
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTED: Date:
Name, Title
ACCEPTED: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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SECTION 00955
WORK CHANGE DIRECTIVE
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not
processed expeditiously, might delay the Project. These changes are often initiated in the field
and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a
directive to proceed with the Work that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price
or the Contract Times a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the form, including a description of the items involved and attachments.
Based on conversations between the Engineer/Owner and Contractor, Engineer completes the
following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the
method to be used in determining the final cost of Work involved and the estimated net
effect on the Contract Price. If the change involves an increase in the Contract Price and
the estimated amount is approached before the additional or changed Work is
completed, another Work Change Directive must be issued to change the estimated
price or Contractor may stop the changed Work when the estimated time is reached. If
the Work Change Directive is not likely to change the Contract Price, the space for
estimated increase (decrease) should be marked “Not Applicable”.
Once Engineer has completed and signed the form, all copies should be sent to Owner for
authorization because Engineer alone does not have authority to authorize changes in Price or
Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and
Times may only be changed by Change Order signed by Owner and Contractor with Engineer’s
recommendation.
Article 10 of the General Conditions requires that a Change Order be initiated and processed to
cover any undisputed sum or amount of time for Work actually performed pursuant to this Work
Change Directive.
Once the Work covered by this directive is completed or final cost and times are determined,
Contractor should submit documentation for inclusion in a Change Order.
IF THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE
CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE
CONSIDERED PROMPTLY.
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WORK CHANGE DIRECTIVE
NO.
PROJECT TITLE: Name
CONTRACTOR: Name
ENGINEER: Name
PO NUMBER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER OR CONTRACTOR believe that the above change has affected Contract Price, any
Claim for a Change Order based thereon will involve one or more of the following methods as
defined in the Contract Documents.
Method of determining change in Contract Price:
Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in Contract Price: $
If the change involves an increase, the estimated amount is not to be exceeded without further
authorization.
Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for
Final Acceptance: days
REQUESTED:
Name
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
RECOMMENDED:
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
AUTHORIZED:
OWNER AUTHORIZED REPRESENTATIVE
DATE
Services Agreement – Work Order Type - Utilities
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SECTION 00960
APPLICATION FOR PAYMENT
PROJECT Page 1 of 1
OWNER:
ENGINEERS:
ADDRESS:
NUMBER DATE AMOUNT
-$
-$
-$
NUMBER DATE AMOUNT FUND OBJECT
Amount Due this Pay Application (before retainage):
-$
-$
0.00%
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager
BY:DATE:DATE:
NAME & TITLE:
BY:DATE:
NAME & TITLE:Official Purchasing Form
Last updated 10/2017
Net Change by Change Order:
Change order %:
Original Contract Amount
Net Change by Change Order
Revised Current Contract Amount
Total Work Completed to Date:
Total Stored to Date:
CHANGE ORDERS PAY APPLICATION
Application is made for Payment as shown below in connection with the Contract.
The present status of the account for this Contract is as follows:
CONTRACTOR:
-$
-$
RETAINAGE
Charge Numbers-$
-$
-$
Less Previous Payments:
Total Completed and Stored Materials to Date:
Less Retainage
-$
-$
-$
AMOUNT DUE THIS APPLICATION:-$
The above Amount Due this Application is requested by the CONTRACTOR's Project Manager.
BY:
PO NUMBER
ADDRESS: ADDRESS:
APPLICATION NUMBER
APPLICATION DATE
PERIOD BEGINNING
PERIOD ENDING
PROJECT NUMBER
Retainage to Date:
NAME & TITLE:
Total (after retainage):
Payment of the above Amount Due This Application is approved by the OWNER.
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.
CERTIFICATION
BU
SCOPE OF WORK CHANGE ORDERS
RECONCILIATION CHANGE ORDERS
INVOICE NUMBER
Total Change Order Work to Date:
-$
-$
Retainage Previous:
Change in Retainage:
Services Agreement – Work Order Type - Utilities
RFP/BID [# and Title] Page 63 of 129
Unit Price Total Quanitity Total Quantity Total Quantity Total
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
-$
-$
-$
-$
-$
0.00%
-$ -$ -$ -$ -$ 0.00%
Official Purchasing Form
Last Updated 10/2017
Total to Date Less Retention
Change Orders to Date (see attached)
-$
-$
CONTRACT SUMMARY
Total Due
Adjusted Contract Amount
-$
Total Change Order Work to Date (see attached)
Value of Work in Place
Percent Complete Including Stored Materials
Less Retention @ 10% up to 50% complete, 5% beyond 50% of Adjusted Contract
Crosscheck
Total Completed to Date
Total Materials Remaining @ Site
-$
-$
-$
Original Contract Amount
Less Previous Billings -$
-$
-$
-$
-$
-$
Combined
Total Completed to Date
Total Contract Amount
Total This Period
Previous Billings
Balance Remaining
Percent Complete
PAY REQUEST
Item #Description Quantity Cost
Remaining
Percent
CompleteUOMContract Summary This Period Previous Total to Date
Period Ending:
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ATTACHMENT A
DRAWING INDEX
WORK ORDER #
WORK ORDER TITLE
BY: Company Name who last revised the drawings
Sheet Title Drawing Revision
Date
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EXHIBIT
CHANGE ORDER
NO.
PROJECT TITLE:
CONTRACTOR: Company Name
WORK ORDER NUMBER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
CONTRACTOR: Company Name
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT
GENERAL SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT
INSURANCE REQUIREMENTS
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.
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.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Contractor 's general liability and automobile liability insurance policies by marking the
appropriate box or adding a statement to this effect on the certificate, for any claims arising
out of work performed under this Agreement.
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. Workers' Compensation & Employer’s Liability insurance shall
conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and
$100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Contractor shall maintain during the life of this Agreement such
General Liability 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 General Liability,
shall not be less than $1,000,000 combined single limits for bodily injury and property
damage.
C. Automobile Liability. The Contractor shall maintain during the life of this Agreement such
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
Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
D. Builder’s Risk. The CONTRACTOR shall maintain during the term of this Agreement
builder’s risk insurance in the amount of full insurable replacement cost. The insurance
shall:
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Be written on a builder’s risk “all risk” policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of
loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft;
smoke; theft; vandalism and malicious mischief; earthquake and other earth movement;
flood; collapse; explosion; debris removal; demolition; and water damage (other than
that caused by flood).
Cover, as insured property, at least the following: (a) the Work and all materials,
supplies, machinery, apparatus, equipment, fixtures, and other property of a similar
nature that are to be incorporated into or used in the preparation, fabrication,
construction, erection, or completion of the Work, including OWNER-furnished or
assigned property; (b) spare parts inventory required within the scope of the Contract;
and (c) temporary works which are not intended to form part of the permanent
constructed Work but which are intended to provide working access to the Site, or to the
Work under construction, or which are intended to provide temporary support for the
Work under construction, including scaffolding, form work, fences, shoring, falsework,
and temporary structures
E. Subcontractors. 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.
F. Primary Coverage. For any claims related to the Agreement, CONTRACTOR’s
insurance shall be primary coverage, and any insurance or self-insurance maintained by
the OWNER, its officers, agents and employees shall be in excess of the
CONTRACTOR’s insurance and shall not contribute with it.
G. Waiver of Subrogation. CONTRACTOR will grant to the OWNER a waiver of any right of
subrogation which any insurer of CONTRACTOR may acquire against the OWNER by
virtue of any payment of any loss. CONTRACTOR agrees to obtain any endorsement
that may be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the OWNER has received a waiver of subrogation
endorsement from the insurer.
In the event any work is performed by a subcontractor/subconsultant, the Contractor shall be
responsible for any liability directly or indirectly arising out of the work performed under this
Agreement by a subcontractor/subconsultant, which liability is not covered by the
subcontractor/subconsultant's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Contractor hereby acknowledges that it has been informed
that the City has established policies and procedures with regard to the handling of confidential
information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and
agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Contractor
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Contractor shall not disclose any such information to any person not having a legitimate need-
to-know for purposes authorized by the City. Further, the Contractor shall not use such
information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Contractor ceases to perform services for the City, or the City so requests
for any reason, the Contractor shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically
produced) thereof, in its possession or control or as to which it otherwise has access.
The Contractor understands and agrees that the City’s remedies at law for a breach of the
Contractor’s obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT
SECTION 00700
GENERAL CONDITIONS
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EXHIBIT A
CONTRACTOR SAFETY FORM
Please complete the following form to provide information about your Company’s safety records and
procedures. This information will be included in the evaluation of the submitted proposal. We reserve
the right to request additional documentation, at any point, that supports the accuracy of this form.
Contractor(s) safety record will be evaluated by the evaluation team as an element of determining
whether the Contractor(s) is responsible. Contractor(s) whose safety record is above 1.0 for
Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident Rate (TRIR) will be
reviewed in depth and may be deemed ineligible to be considered for award at the City’s sole
discretion.
Section 1. General Information
Company Name
Number of Employees Full Time: Part Time: Seasonal:
Insurance Carrier
Self-insured for Workers Compensation?
Y ☐ N ☐
Section 2. Health and Safety Professional Information
Does your company have a full-time dedicated Safety Officer?
Y ☐ N ☐
If yes, provide the following information for the dedicated Safety Officer:
Name:
Title:
Phone Number:
Email:
If no, provide the following information of the person responsible for safety in your company:
Name:
Title:
Phone Number:
Email:
Provide the following information for the site safety Point of Contact:
Name:
Title:
Phone Number:
Email:
Section 3. Health and Safety Program
Does your company have a written Company Safety Program?
Y ☐ N ☐
Does the written Company Safety Program cover the work activities proposed by your
company for this project?
Y ☐ N ☐
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Does the written Company Safety Program include the following:
Health and Safety Training Y ☐ N ☐
Employee/Management Responsibility Y ☐ N ☐
Hazard Recognition and Control Y ☐ N ☐
Incident Reporting and Investigation Y ☐ N ☐
Describe a typical job site safety briefing (time, location, frequency, topics, documentation).
How does your company ensure health and safety program compliance throughout the
project?
Does your company perform written Job Hazard Analysis’s (JHA’s) regularly and document
them?
Y ☐ N ☐
How often does your company conduct Health and Safety audits or inspections?
Does your company have a written corrective action plan for any findings?
Y ☐ N ☐
Section 4. Training and Certifications
List required safety training ALL employees receive:
List specialized safety training employees receive as needed:
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Does your company maintain records of all safety training and certifications?
Y ☐ N ☐
Section 5. Safety Equipment (Engineered Controls)
Will your company be performing any Trenching/Excavation and Confined Space Activities?
Y ☐ N ☐
If yes, list what protective shoring equipment you will have available for the job site?
If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your
procedure for these activities?
Section 6. Health and Safety Records
List the Company’s Experience Modification Rate (EMR) for the previous 3 years
Year: EMR:
Year: EMR:
Year: EMR:
For any EMR greater than 1, provide an explanation for the rating and describe the corrective
action taken by the Company. Use additional pages if needed.
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Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the
previous 3 years:
Calendar Year Year: Year: Year:
Number of Fatalities
Number of OSHA recordable cases
Number of OSHA modified duty cases
Number of OSHA lost time cases
OSHA Total Recordable Incident Rate
(TRIR)
Number of recordable cases x 200,000
Number of hours worked
OSHA DART Rate (Days Away Restricted
or Transferred)
Number of DART cases x 200,000
Number of hours worked
Average number of employees on payroll
Have any OSHA citations been issued to your company in the past 3 years?
Y ☐ N ☐
If yes, list the citations and for each, provide the type of violation, an explanation for the
citation, the penalty issued, and describe the corrective action taken by the Company. Limit
your response to projects that have occurred in the Rocky Mountain region. Use additional
pages if needed.